The Difference Between “Incest” and “Aggravated incest” in Colorado

Incest becomes “aggravated incest” in Colorado if you marry or have sexual contact with:

1. your child (natural, step, or adopted) who is under the age of 21, or
2. any close blood relative who is under the age of 10.

The penalties for aggravated incest are more severe as well:

The minimum sentence will be even longer if either:

• You are a habitual sex offender;
• You knew at the time of the incest that you tested positive for HIV, and you infected the victim; or
• The incest involved penetration or intrusion, and:
  1. The victim was under 12 years of age, and
  2. You were at least 18 years old, and
  3. You were at least 10 years older than the victim.¹

What is incest?

Colorado law defines incest as sexual assault of, sexual contact with, or marriage with a blood relative or your own child, including step-children or adopted children.²

Depending on the circumstances of the case, people arrested for incest typically face additional charges such as

• sexual assault (CRS 18-3-402), or
• sexual assault on a child by one in a position of trust (CRS 18-3-405.3), or
• unlawful sexual contact (CRS 18-3-404)

Is it possible to avoid prison?

As long as you are not a habitual offender – and the incest did not qualify as a crime of violence in Colorado – the judge in your case may either:

• Defer your sentence to give you the opportunity to undergo counseling and treatment, or
• Sentence you to probation rather than prison.

Probation for incest lasts at least 10 years, while probation for aggravated incest lasts at least 20 years. Conditions of probation for incest include:

• Colorado’s Sex Offender Intensive Supervised Probation (SOISP);
• Completing a sex offender evaluation and treatment program;
• Registering as a sex offender;
• Genetic marker testing;
• Abstaining from drugs and alcohol;
• Having no contact with the victim or any other children; and
• No pornography.³

Violating any condition of probation gives the judge the right to revoke your probation and to remand you to prison.

Aggravated incest in Colorado involves your under-21 children or other relatives under 10.

How do I fight incest charges?

Depending on the case, typical incest defenses in Colorado include:

• No sexual activity occurred;
• You are not related to the victim;
• You did not realize that the victim was related to you; or
• The police used illegal law enforcement tactics, such as coercing a confession.

Unless the D.A. can prove each element of the incest charge beyond a reasonable doubt, the charge should be dismissed.

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