CRS 18-6-701 – Contributing to the Delinquency of a Minor

In Colorado, the crime of contributing to the delinquency of a minor is defined as aiding or encouraging a person under the age of 18 years old to break the law or to defy court orders. The offense can be charged as a felony or a misdemeanor depending on the facts of the case.

Examples

• Furnishing alcohol or drugs to a minor
• Keeping a child home from school for no reason (“truancy”)
• Paying a child to deliver drugs

The language of CRS 18-6-701 states:

(1) (a) Any person who induces, aids, or encourages a child to violate any state law that is a felony victims rights act crime as defined in section 24-4.1-302 (1) commits first degree contributing to the delinquency of a minor.
(b) Any person who induces, aids, or encourages a child to violate any municipal or county ordinance, court order, or state or federal law that is not a felony victims rights act crime as defined in section 24-4.1-302 (1) commits second degree contributing to the delinquency of a minor.
(c) As used in this section, the term “child” means any person under the age of eighteen years.

(2) (a) First degree contributing to the delinquency of a minor is a class 4 felony.
(b) Second degree contributing to the delinquency of a minor is a class 1 misdemeanor.

(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

Penalties

First-degree contributing to the delinquency of a minor is a class 4 felony. The punishment is:

• 2 – 6  years in prison, and/or
• $2,000 – $500,000 in fines

Second-degree contributing to the delinquency of a minor is a class 1 misdemeanor. The punishment is:

• Up to 364 days in jail, and/or
• Up to $1,000 in fines

Teachers and school district employees risk losing their licenses and jobs as well.

Defenses:

Defendants can fight the charges by arguing that:

1. The charge is based on false accusations; or
2. The defendant’s behavior fell short of contributing to delinquency; or
3. The child was at least 18 years old; or
4. The child acted outside of the defendant’s control

Below our Denver Colorado criminal defense attorneys will discuss:

• 1. What is “contributing to the delinquency of a minor” in Colorado?
• 2. What are the penalties under CRS 18-6-701?
• 3. What are common defenses?

Also, see our related articles on giving cigarettes to a minor (CRS 18-13-121) and permitting an unauthorized minor to drive (CRS 42–2–139).

1. What is “contributing to the delinquency of a minor” in Colorado?

People violate CRS 18-6-701 by trying to get children under 18 to break the law. It does not matter whether the defendant uses forceful or gentle methods. Everything from paying a child to threatening a child is illegal if the defendant’s purpose is to get the child to commit a crime.

Example: Jenny is angry at her neighbor for playing loud music. Jenny sees a young teen walking by and stops her. Jenny tells the teen, “I’ll let you swim in my pool if you spray graffiti on my neighbor’s fence.” Here, Jenny is violating this section. The teen is under 18. And Jenny is inducing the child to deface property with graffiti, which county law forbids.

In the above example, Jenny faces criminal prosecution even if the teen says no. Simply the act of goading a child to be delinquent is enough to violate the statute. Whether the child acts delinquent is irrelevant.¹

Contributing to the delinquency of a minor is divided into first-degree and second-degree. First-degree contributing to the delinquency of a minor is inducing a child to commit any state law that is a felony crime as defined in CRS 24-4.1-302. Second-degree contributing to the delinquency of a minor is inducing a child to commit any municipal or county ordinance, court order, or state or federal law that is not a felony crime as defined in the statute. 

The felony crimes defined in CRS 24-4.1-302 are:

1. Murder in the first degree (CRS 18-3-102);
2. Murder in the second degree (CRS 18-3-103);
3. Manslaughter (CRS 18-3-104);
4. Criminally negligent homicide (CRS 18-3-105);
5. Vehicular homicide (CRS 18-3-106);
6. Assault in the first degree (CRS 18-3-202);
7. Assault in the second degree (CRS 18-3-203);
8. Vehicular assault (CRS 18-3-205);
9. Menacing (CRS 18-3-206);
10. First degree kidnapping (CRS 18-3-301);
11. Second degree kidnapping (CRS 18-3-302);
12. Sexual assault (CRS 18-3-402);
13. Unlawful sexual contact (CRS 18-3-404);
14. Sexual assault on a child (CRS 18-3-405);
15. Sexual assault on a child by one in a position of trust (CRS 18-3-405.3);
16. Sexual assault on a client by a psychotherapist (CRS 18-3-405.5);
17. Invasion of privacy for sexual gratification (CRS 18-3-405.6);
18. Robbery (CRS 18-4-301);
19. Aggravated robbery (CRS 18-4-302);
20. Aggravated robbery of controlled substances (CRS 18-4-303);
21. Incest (CRS 18-6-301);
22. Aggravated incest (CRS 18-6-302);
23. Child abuse (CRS 18-6-401);
24. Sexual exploitation of children (CRS 18-6-403);
25. Crimes against at-risk adults or at-risk juveniles (CRS 18-6.5-103);
26. Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in CRS 18-6-800.3 (1);
27. An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in CRS 18-6-800.3 (1);
28. Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in CRS 18-6-800.3 (1), pursuant to CRS 18-6-801 (1);
29. Stalking (CRS 18-3-602);
30. A bias-motivated crime (CRS 18-9-121);
31. Failure to stop at the scene of an accident (CRS 42-4-1601), where the accident results in the death or serious bodily injury of another person;
32. Retaliation against a witness or victim (CRS 18-8-706);
33. Intimidating a witness or a victim (CRS 18-8-704);
34. Aggravated intimidation of a witness or a victim (CRS 18-8-705);
35. Tampering with a witness or victim (CRS 18-8-707);
36. Indecent exposure (CRS 18-7-302);
37. Human trafficking (CRS 18-3-504);
38. Sex trafficking (CRS 18-3-504);
39. First degree burglary (CRS 18-4-202);
40. Second degree burglary of a dwelling (CRS 18-4-203 (2)(a));
41. Retaliation against a judge or elected official (CRS 18-8-615);
42. Retaliation against a prosecutor (CRS 18-8-616);
43. Retaliation against a juror (CRS 18-8-706.5);
44. Child prostitution (CRS 18-7-401);
45. Soliciting for child prostitution (CRS 18-7-402);
46. Procurement of a child for sexual exploitation (CRS 18-6-404);
47. Pimping of a child (CRS 18-7-405);
48. Inducement of child prostitution (CRS 18-7-405.5);
49. Patronizing a prostituted child (CRS 18-7-406); and/or
50. Any criminal attempt (CRS 18-2-101), any conspiracy (CRS 18-2-201), any criminal solicitation (CRS 18-2-301), and any accessory to a crime (CRS 18-8-105), involving any of the aforementioned offenses.

Also see our article on furnishing alcohol to a minor (CRS 44-3-901).

2. What are the penalties under CRS 18-6-701?

First-degree contributing to the delinquency of a minor is a class 4 felony in Colorado. The sentence includes:

• 2 to 6 years in Colorado State Prison, and/or
• $2,000 to $500,000 in fines.

Second-degree contributing to the delinquency of a minor is a class 1 misdemeanor. The punishment is:

• Up to 364 days in jail, and/or
• Up to $1,000 in fines.

Colorado School District employees or licensed teachers face additional punishment. The court will report the offense to the Colorado Department of Education if the defendant:

• Gets convicted,
• Pleads no contest, or
• Gets a deferred sentence

These employees may then lose their licenses and/or their jobs.²

3. What are common defenses?

Colorado defendants can fight contributing to child delinquency charges. Four potential defenses include:

1. The defendant was falsely accused.
2. The defendant did not encourage criminal behavior.
3. The child was 18 or older.
4. The child acted on his/her own.

3.1. The defendant was falsely accused.

There are many scenarios where people get falsely accused of violating CRS 18-6-701. Examples include:

• Angry children trying to get a parent or teacher in trouble.
• Vengeful exes trying to gain the upper hand in child-custody disputes.
• Doctors or social workers who report an adult to the police based on a child’s fabrications

In these cases, defense attorneys would launch a thorough investigation. They would gather any relevant eyewitness accounts, video surveillance, text messages, emails, and voicemails. If the D.A. sees it has insufficient evidence to sustain a guilty verdict, the case should be dismissed.

3.2. The defendant did not encourage criminal behavior.

Merely setting a poor example for a child is not contributing to delinquency. Perhaps the defendant’s lawful behavior was just misconstrued as criminal.

Example: It is summer. Bill lets his 9-year-old son watch TV all day. Bill’s neighbor is concerned and calls the police. The neighbor believes Bill’s son will become a delinquent. But Bill is not breaking any law by letting his child watch TV. So the police should not arrest Bill.

If Bill in the above example told the child to steal cable, then Bill could face charges.

3.3. The child was 18 or older.

CRS 18-6-701 charges apply only when the child was under 18 at the time. Young adults often look younger than they are. And many still live with their parents even though they are 18 or older. Sometimes police make arrests not realizing that the child is legally an adult.

The best way to prove age is by producing a birth certificate and/or a driver’s license. Once the D.A. sees no children were involved, the case should be dismissed.³

3.4. The child acted on his or her own.

Most children who break the law act independently. No adult induced them to be delinquent. Unless prosecutors can prove beyond a reasonable doubt that the defendant encouraged the child’s criminality, the charges should not be sustained.

Call Us For Help . . .

Arrested in Colorado? Contact our Denver criminal defense attorneys. We will fight to get your charges reduced or dismissed.

Call us at (303) 222-0330 or fill out the form on this page.

In California? Learn about contributing to the delinquency of a minor (PC 272).

In Nevada? Learn about contributing to the delinquency of a minor (NRS 201.110).

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