“Statutory Rape” in Colorado – Laws, Penalties, Defenses

In Colorado, statutory rape is engaging in sexual penetration with a person under 17 years old – the state’s age of consent. Statutory rape is prosecuted as sexual assault even if the minor willingly participates in (or even initiates) the sexual activity.

However, there are three Romeo and Juliet exceptions where it is lawful to have sex with someone under 17 years old:

1. the minor is 15 or 16, and you are less than 10 years older, or
2. the minor is under 15, and you are less than 4 years older, or
3. you and the minor are lawfully married.

Otherwise, statutory rape is a felony requiring sex offender registration in addition to hefty prison terms and fines, as the following table shows:

Statutory Rape in Colorado	Criminal Sentence
The victim was younger than 15, and you are at least 4 years older than the victim	Class 4 felony:  2 to 6 years in prison and/or $2,000 to $500,000
The victim is 15 or 16, and you are at least 10 years older than the victim	Class 6 felony:  1 year to 18 months in prison and/or $1,000 to $100,000

In this article, our Denver, Colorado criminal defense lawyers will address the following key topics:

• 1. Age of Consent
• 2. Statutory Rape
• 3. Romeo and Juliet Laws
• 4. When Minors Fake Their Age
• 5. Penalties
• 6. Sex Offender Registration
• 7. Defenses
• 8. Mandatory Reporters
• 9. Five Steps to Take If You Are Accused of Statutory Rape
• 10. Five Stages of a Statutory Rape Case
• 11. Five Reasons to Hire an Attorney
• 12. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Age of Consent

The age of consent in Colorado is 17 years. People under 17 cannot legally consent to have sex. Though there are some exceptions under state criminal law (explained below in section 3).¹

2. Statutory Rape

For you to be convicted of statutory rape in Colorado, prosecutors have to prove beyond a reasonable doubt the following elements of the crime:

1. You had sexual penetration or intrusion, such as:
   • Sexual intercourse (vaginal sex),
   • Anal sex,
   • Oral sex (fellatio, cunnilingus, anilingus), or
   • Inserting fingers or objects into orifices; and
2. The other person was under 17 years old.

Under Colorado state law, statutory rape is prosecuted as a type of sexual assault. It makes no difference if the sex itself was consensual.²

3. Romeo and Juliet Laws

There are two exceptions to the age of consent law in Colorado:

1. The “close-in-age” exception (also called the “close-in-age exemption”) and
2. The marriage exception.

These Romeo and Juliet laws apply only to consensual sex. There is no close-in-age or marriage exception to forcible rape.

1) Close-in-Age Exception

Children under 15 may lawfully consent to sex if you are less than four years older. For example, a 14-year-old can have sex with a 17-year-old.

Meanwhile, children aged 15 or 16 may lawfully consent to sex if you are less than 10 years older. For example, a 16-year-old could consent to have sex with a 25-year-old.

The reason the close-in-age exemption exists is that it is normal and healthy for young adults to explore their sexuality with their peers. Though when there is an alarming age gap, sex becomes presumably exploitive and abusive.

Note that the close-in-age exception does not apply if the adult is in a “position of trust” over the minor, such as an educator, medical provider, babysitter, or guardian.

2) Marriage Exception

Married people may lawfully consent to have sex with their spouses. Their ages do not matter.³

4. When Minors Fake Their Age

You can still be convicted of statutory rape in Colorado even if the minor lied about being old enough to consent. All that matters is the minor’s actual age at the time of your sexual activity.

5. Penalties

Colorado’s sentence for statutory rape depends on the age of the victim.

Statutory rape is a class 4 felony if:

• The victim was less than 15 years old, and
• You are at least 4 years older than the victim.

The penalty for a class 4 felony is two to six years in Colorado State Prison and/or fines of $2,000 to $500,000.

Statutory rape is a class 6 felony if:

• The victim is at least 15 but less than 17 years old, and
• You are at least 10 years older than the victim.

Penalties for a class 6 felony include one year to 18 months in prison and/or fines from $1,000 to $100,000.⁴

6. Sex Offender Registration

If you are convicted of felony sexual assault, you must register as a sex offender. Your name would be publicly searchable on the Colorado Bureau of Investigation’s Sex Offender Registry.

As a sexual offender, you have to register with the local chief of police or county sheriff. This includes providing your:

• Name,
• Date of birth,
• Address,
• Place of employment,
• Fingerprints,
• Photograph,
• Email addresses, and
• Instant messaging or chat room identities.

You must re-register every year within five days of your birthday. You also have to re-register if you move or start work at an institution of higher education.

Sexual assault convictions also subject you to lifetime supervision. Though if you are convicted of a sexual assault as a class 6 felony, you may be able to petition for removal from the registry 10 years after the case ends.⁵

7. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes like statutory rape. In our experience, the following two defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed:

1. No sexual penetration or intrusion occurred: Perhaps any touching was accidental or never progressed beyond groping (which is the separate offense of unlawful sexual contact); and/or
2. You were falsely accused: Perhaps the minor is angry at you and is trying to get you into trouble.

In most cases we see, the evidence in these cases comes down to “he said/she said” testimony. There are rarely video recordings or eyewitness accounts. This could make it difficult for the prosecutor to prove guilt beyond a reasonable doubt.

Typical evidence in these cases includes:

• Rape kits and DNA tests,
• Recorded communications (such as text messages and voicemails), and
• Expert testimony from doctors, psychologists, forensic science technicians, and investigators.

Defenses That Do Not Work

Often clients will say, “But they consented!” However, verbal consent is not a defense to statutory rape. Nor does it matter if the minor instigated the sexual activity. Underage people may not lawfully consent to sexual contact.

Another scenario we see all the time is that the minor lied about being at least 17. However, a “mistake of age” (a type of “mistake of fact”) is also not a defense.

It also makes no difference if the minor looked like an adult. Statutory rape is a strict liability crime and can be sustained even if you believed the other person was of age.

8. Mandatory Reporters

Certain Colorado professionals called “mandatory reporters” are required to immediately inform the county Department of Social Services or local law enforcement agency of suspected child abuse, which includes statutory rape. Examples of mandatory reporters include:

• doctors,
• nurses,
• dentists,
• teachers,
• counselors,
• social workers,
• police,
• child care workers,
• judges,
• clergy, and
• state employees who work with children.

Pregnancy and STDs are the most common signs that a minor under the age of consent has engaged in sexual activity.

Mandatory reporters who orally report suspected abuse must follow it up with a written report. The county Department of Social Services must then send a copy to the local police and D.A.’s office.

If the report is confirmed as true, the county Department of Social Services has 60 days to submit a report to the state Department of Social Services.⁶

9. Five Steps to Take If You Are Accused of Statutory Rape

Being investigated for any sex crime is terrifying. If someone is alleging you committed statutory rape, follow these five steps.

1. Stay silent. Do not say a word to any police officers, detectives, or prosecutors. They will twist anything you say against you.
2. Lawyer up. Once you have legal representation, the police and prosecutors have to go through them and not contact you directly. Plus, having an attorney shows the D.A. you are serious about defending yourself.
3. Go no-contact with the accuser. Even if they are reaching out to you, avoid any communication with the person accusing you and anyone in their circle. Anything you say to them can be used against you.
4. Compile evidence. Give your attorney all the applicable text messages, DMs, emails, voicemails, etc. between you and your accuser.
5. Stay calm. An allegation is not a conviction. As the #MeToo era recedes into history, prosecutors are becoming more discerning about accusations. Trust that your attorney is fighting for the best resolution possible.

10. Five Stages of a Statutory Rape Case

Every sex crime case is different, but most progress through these five stages.

1. You are reported to authorities by the alleged victim or their parents or teachers. Sometimes the report is made by a jealous ex or another person who wants to get you into trouble.
2. The police and investigators look into the case, often by reviewing electronic communications, interviewing any witnesses, and reaching out to you. (You should never speak to police and instead have your attorney speak for you.)
3. If law enforcement believes there is probable cause you committed a crime, they will pass the case on to the D.A.’s Office. If prosecutors decide to bring the case, you will be arrested and arraigned. Most judges will let you bail out pending the outcome of your case.
4. During the pretrial process, your attorney will prepare for trial while simultaneously negotiating with prosecutors to lessen or drop your charges.
5. If the rare event the D.A. refuses to settle the case with a plea bargain, your case proceeds to trial.

11. Five Reasons to Hire an Attorney

If at all possible, anyone charged with a sex crime should retain legal counsel as soon as possible for five reasons.

1. Lawyers talk to the detectives and prosecutors on your behalf, all the while safeguarding your rights and ensuring you are receiving due process.
2. Lawyers do an intensive investigation of your case in search of all the helpful (“exculpatory”) evidence that shows you are not guilty; meanwhile, they pore over all the state’s evidence in search of inaccuracies and inconsistencies that weaken the D.A.’s case.
3. Lawyers take care of all the motion writing, court filings, and judicial hearings so you do not have to.
4. Lawyers know how to negotiate effectively with prosecutors in pursuit of a charge reduction or dismissal.
5. Most cases settle, but if necessary, lawyers are ready to take your case to trial and fight for a not guilty verdict.

If you are thinking of relying on a public defender, remember that they are overworked and understaffed. They simply cannot give each case the time and attention required to reach the best possible resolution. If you have the means, always hire an experienced private practitioner.

12. Related Offenses

• Sexual assault on a child (CRS 18-3-405) – Fondling a child under 15 (or causing the child to fondle you), and you are at least four years older than the child.
• Sexual assault on a child by one in a position of trust (CRS 18-3-405.3) – A person responsible for a minor’s health, education, welfare, or supervision having sexual contact with the child.
• Internet exploitation of a child (CRS 18-3-405.4) – Using the internet or other online media to expose your intimate parts to a child or to observe the child touching their intimate body parts.
• Incest (CRS 18-6-301) – Sexual assault or sexual contact with your own child or a blood relative, or sex or marriage with a step-child or child by adoption – even if you are both adults.

Frequently Asked Questions

What is the Romeo and Juliet law in Colorado?

Colorado’s Romeo and Juliet law allows some exceptions to the age of consent.

If the minor is 15 or 16 and you are less than 10 years older, it is lawful. If the minor is under 15 and you are less than 4 years older, it is also legal.

Additionally, married couples can lawfully have sex regardless of age. These exceptions only apply to consensual sex and do not protect adults in positions of trust like teachers or coaches.

What happens if a minor lies about their age?

You can still be convicted of statutory rape even if the minor lied about being old enough to consent. Colorado law doesn’t recognize “mistake of age” as a defense. What matters is the minor’s actual age at the time, not what they claimed or how old they appeared to be.

Do I have to register as a sex offender if convicted?

Yes, if you are convicted of statutory rape in Colorado, you must register as a sex offender. Your information becomes publicly searchable on Colorado’s Sex Offender Registry.

You must register annually within five days of your birthday and report any address changes. For some class 6 felony convictions, you may petition for removal after 10 years.

What should I do if I am accused of statutory rape?

Stay silent and do not speak to police without an attorney present. Hire a lawyer immediately to protect your rights.

Avoid all contact with your accuser, even if they reach out to you. Gather all relevant evidence like text messages or emails and give them to your attorney.

Remember that an accusation is not a conviction, and your attorney will work to get the best possible outcome.

Additional Resources

For more information, refer to the following:

• National Sexual Assault Hotline: Confidential 24/7 Support – Help and guidance by the Rape, Abuse & Incest National Network (RAINN).
• What is statutory rape? – Article provided by WomensLaw.org.
• What is statutory rape? – Summary provided by AgeofConsent.net.
• Constitutionality of Statutory Rape Laws – Scholarly article in UCLA Law Review.
• Statutory Rape: A Guide to State Laws and Reporting Requirements – Overview by the Office of the Assistant Secretary for Planning and Evaluation (ASPE).

See our related articles about the statute of limitations for sexual assault in Colorado and laws and rules for dating minors in Colorado.

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Legal References