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

Colorado law makes it a crime to contribute to the delinquency of a minor. This is defined as inducing, aiding or encouraging “a child to violate any federal or state law, municipal or county ordinance, or court order.”

Common Examples

• Ordering a child to vandalize and burglarize the home of a neighbor you dislike
• Keeping a child home from school (“truant”) for no reason
• Asking a child to deliver marijuana, cocaine, or other drugs to someone else
• Daring a child to shoplift

The law is found in the statute CRS § 18-6-701. The full text reads as follows:

(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.

Below, our Colorado criminal defense attorneys answer the following questions:

• 1. 1st-degree Contributing to the Delinquency of a Minor
• 2. 2nd-Degree Contributing to the Delinquency of a Minor
• 3. Common Defenses
• 4. Further Reading

1. 1st-degree Contributing to the Delinquency of a Minor

First-degree contributing to the delinquency of a minor is inducing a child to commit any Colorado state law that is a felony crime as defined in CRS 24-4.1-302. Examples of such felonies include :

• Indecent exposure (CRS 18-7-302);
• Robbery (CRS 18-4-301); or
• Procurement of a child for sexual exploitation (CRS 18-6-404).

What are the penalties?

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.

It may be possible to persuade the court to grant probation instead of prison.

What if I am a teacher?

You face additional punishment if you are a Colorado School District employee or licensed teacher. The court will report the offense to the Colorado Department of Education if you:

• get convicted,
• plead no contest, or
• get a deferred sentence

Your name may end up on the Department of Human Services (DHS) Trails list database. You may then lose your licenses and/or your job.²

2. 2nd-Degree Contributing to the Delinquency of a Minor

Second-degree contributing to the delinquency of a minor in Colorado is inducing a child to violate any municipal or county ordinance, court order, or state or federal law that is not a felony crime as defined in the statute.  Examples include encouraging a child to pollute, loiter, or trespass.

What are the penalties?

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.

It is not unusual for judges to agree to grant probation instead of jail.

What if I am a teacher?

As with 1st-degree cases, Colorado School District staff who get convicted, plead no contest, or get a deferred sentence for 2nd-degree contributing to the delinquency of a minor face job- and license loss.³

3. Common Defenses

From our experience at Colorado Legal Defense Group fighting contributing to the delinquency of a minor cases, we have been able to achieve charge reductions and dismissals by showing that:

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

A potential “affirmative defense” we have had success with is to argue that you reasonably believed the child was at least 18. Because of your reasonable belief, you were therefore legally justified in your actions.

As with every criminal case, the D.A. has the burden to prove every element of the crime beyond a reasonable doubt – which is a very high bar. Therefore, prosecutors are often willing to negotiate a favorable plea bargain.

In many cases, we have been able to get these charges dismissed outright so your record remains clear.⁴

4. Further Reading

If you are a child in immediate danger or know one who is, call 911. Otherwise, contact the Colorado Child Abuse and Neglect Hotline at 844-CO-4-Kids to report abuse or neglect.

See our related articles on the following crimes and topics:

• Furnishing alcohol to a minor (CRS 44-3-901)
• Giving cigarettes to a minor (CRS 18-13-121)
• Permitting an unauthorized minor to drive (CRS 42-2-139)
• Contributing to the delinquency of a minor – What does it mean?

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