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

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

There are only three exceptions where it is lawful to have sex with someone under 17:

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 married.

Statutory rape is a felony that requires sex offender registration in addition to hefty prison terms and fines. This chart illustrates the penalties:

In this article, our Denver, Colorado criminal defense lawyers answer these frequently asked questions:

• 1. What is the age of consent?
• 2. What is statutory rape?
• 3. Are there exceptions?
• 4. What if the minor lied about their age?
• 5. What are the penalties?
• 6. Is sex offender registration required?
• 7. What are the defenses?
• 8. Mandatory Reporters
• 9. Related Offenses
• Additional Resources

Also, see our article on the laws and rules for dating minors in Colorado.

Depending on the age difference, having sex with someone underage can lead to criminal charges.

1. What is the age of consent?

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

2. What is 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

In many cases, the underage person never reports the incident. Instead, the child’s parents, teachers, or jealous exes often notify the authorities.

See our related article about the statute of limitations for sexual assault in Colorado.

3. Are there exceptions?

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

1. The “close-in-age” exception (also called the 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.

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.

Marriage Exception

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

Colorado’s “Romeo & Juliet” law allows minors under 17 to consent to sex with their spouses or people close in age.

4. What if the minor lied about 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. What are the penalties?

The 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. Is sex offender registration required?

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 statutory rape 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

Colorado statutory rape is a felony.

7. What are the 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 a 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 typically 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),
• 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. It does not 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 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 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. Related Offenses

• Sexual assault on a child (CRS 18-3-405)
• Incest (CRS 18-6-301)
• Internet exploitation of a child (CRS 18-3-405.4)

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).

Legal References