What is the Age of Consent in Colorado?
The age of sexual consent in Colorado is 17 years old.
Laws regarding statutory rape and sexual assault of a minor vary from state to state. For example, what may be legal in Nevada, could send you to prison and require sex offender registration in California.
This is because State legislatures are able to enact their own State laws and criminal codes separate from the federal system, which leads to different standards throughout the United States.
Understanding the Age of Consent in Colorado and Romeo and Juliet Laws
In this article we’ll discuss some basics of how the age of consent in Colorado and “Romeo and Juliet” laws work and how a criminal defense attorney helps you navigate the complex web of laws regarding it. We will also do a deeper discussion of the age of sexual consent in Colorado.
Age of Sexual Consent in US: State-Wise Comparison
| State | Age of Consent |
|---|---|
| Colorado | 17 |
| New York | 17 |
| Texas | 17 |
| Illinois | 17 |
| Louisiana | 17 |
| Missouri | 17 |
| Wyoming | 17 |
| Alabama, Alaska, Arkansas, Connecticut, Georgia, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia. | 16 |
| Arizona, California, Delaware, Florida, Idaho, Kentucky, North Dakota, Oklahoma, Oregon, Tennessee, Utah, Virginia, Wisconsin. | 18 |
Note: Laws can change, and some states have provisions about the ages of both parties. Do not make any decisions based on this graphic. Please check the laws in your state of residence.
What is the youngest age of consent in us?
The current lowest age of consent in the United States is 16 years old. States like Alabama, Kansas and Michigan all set the age of consent at 16.
What is the highest age of consent in the US?
States such as Illinois, Colorado and Texas have the age of sexual consent at 17. The highest age of consent is 18 years old. In some states the 18-year-old consent laws are a bright line rule and they have no “close in age” exception.
California is a good example where the law is 18+ to be able to consent, and even consensual acts under that age can result in sexual offense or statutory rape charges.
The reasoning behind the age of consent laws is to protect minors from abusive or exploitative relationships and/ or situations. Every state has an age of consent law, so there certainly is a nationwide consensus that minors cannot consent to sexual acts based solely on their age.
However, states disagree on when people have the maturity to make that decision for themselves. That is why anyone in a relationship with a minor-even other minors-should pay close attention to the laws in the state.
Remember, in some circumstances, you risk a felony conviction, prison time and even sex offender registration. When in doubt, consult a local criminal defense attorney about your specific situation.
Romeo and Juliet Law
Application of age of consent laws can often be quite complex, particularly when considering relationships between teenagers who are close in age.
Above I mentioned that some states have “close in age” or “Romeo and Juliet” laws. Romeo and Juliet laws come into play to provide exceptions to prevent legal consequences for consensual sexual relationships between minors who are not significantly different in age. Below, we will consider their literary case to see if they would’ve broken the law in modern-day Colorado.
Colorado Statutory Rape Laws
First, let’s review the pertinent law in Colorado. There are several ways that a person can be charged with sexual assault. You’ll notice below in the Statute that the word “or” is bolded between each section. Notice the law says, “sexual intrusion on penetration”, so this can include vaginal, oral or anal sex.
I have added underlines for the age-related consent portion of the statute.
Colorado Revised Statutes, Section 18-3-402- Sexual assault:
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
- (a) The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; or
- (b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
- (c ) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
- (d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
- (e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
- (f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
- (g) The actor, while purporting to offer a medical service, engages in the treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
- (h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
Confused? Contact Us and let us explain the statutes and how they can affect you.
Colorado Age of Consent Chart
| Criminal Charge | Statutory Citation | Severity | Description |
| Sexual Assault – 4-Year Close-in-Age Exemption | Section 18-3-402 (1)(d), C.R.S. | Class 4 Felony | Applies when an individual who is at least 4 years older has sex with a minor under 15 years old. |
| Sexual Assault – 10-Year Close-in-Age Exemption | Section 18-3-402 (1)(e), C.R.S. | Class 1 Misdemeanor | Applies when an individual who is at least 10 years older has sex with a minor aged 15 to 17. |
| Sexual Assault on a Child – Position of Trust | Section 18-3-405.3, C.R.S. | Class 3 or 4 Felony | Applies when someone in a position of trust has sex with a minor 14 or younger (Class 3) or aged 15–17 (Class 4). |
| Enticement of a Child | Section 18-3-305, C.R.S. | Class 4 Felony | Involves inviting or persuading a minor under 15 to enter a place with intent to commit sexual assault or unlawful sexual contact. |
| Internet Luring of a Child | Section 18-3-306, C.R.S. | Class 5 Felony | Occurs when a person over 4 years older communicates with a minor under 15 online, describes sexual conduct, and invites them to meet. |
What is the Legal Age of Sexual Consent in Colorado?
The legal age of sexual consent in Colorado is 17, however, when a person is under that age, we should review the age difference between the parties involved to determine whether a crime was committed.
Individuals 17 years or older can legally consent to sexual activity, regardless of the age of their sexual partner (as long as they aren’t in a position of trust). Let’s now review the nuances of the law, particularly for individuals under the age of 17.
Understanding Romeo and Juliet Law in Colorado
Romeo and Juliet law in Colorado provides certain protections for teenagers who engage in consensual sexual activity with others close to their own age. This law recognizes that it is not appropriate to subject teenagers to severe criminal penalties intended for predatory adults.
Legal Framework for 14 and Under
For individuals who are 14 or under, the age of sexual consent in colorado allows for consensual sexual activity with partners who are less than four years older. This means a 14-year-old can legally engage in consensual sexual activity with someone who is up to 17 years old.
Beyond that, we may need to examine birthdates to make sure the parties aren’t more than 4 years apart. The relevant statute, Colorado Revised Statutes Section 18-3-402(1)(e), specifies that a sexual assault charge cannot be brought against a person who engages in consensual sexual activity with a minor who is 14 or under, and the age difference between the two individuals is less than four years.
What if Romeo and Juliet’s relationship happened in modern times? Would it be legal?
So, let’s use the literary example of Romeo and Juliet’s and apply it to Colorado’s law today. Because we know Juliet was 13 years old, if Romeo was less than 4 years older, he wouldn’t be subject to criminal charges.
Since we don’t have any specific statements about Romeo’s age in the play, if he was more than four years older (some scholars think he may have been as old as 21) he’d be looking at serious charges in modern-day Colorado.
That is, assuming they consummated their relationship when he secretly spent the night in her bedchamber. But wait! Romeo and Juliet were actually married by Friar Laurence, so let’s revisit the statutory language:
“…victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim;”
So, even if he had been more than 4 years older than Juliet, he potentially had an affirmative defense to the charges. Now, the ability of minors to get married is an entirely other issue. Probably a future blog post topic at some point.
I’m using the facts in Shakespeare’s story simply as an example because the law was named after them. But we’ll consider some other additional, more modern, examples below.
Legal Framework for 15 and 16-Year-Olds
For 15 and 16-year-olds, the law provides some “close in age” exceptions. Age of sexual consent in Colorado permits consensual sexual activity between 15 and 16-year-olds and individuals who are less than 10 years old.
This means a 16-year-old can legally engage in sexual activity with someone who is up to 25 years old without it constituting statutory rape under Colorado law. This provision is outlined in Colorado Revised Statutes Section 18-3-402(1)(f).
What if you didn’t know his or her age?
Not knowing the age of the victim is not a defense in Colorado. Sexual assault is a strict liability crime.
Example: 28-year-old Charlie meets 16-year-old Jane at a party. She tells him she is 19.
Does Charlie have a defense if they sleep together because he doesn’t know her age?
No. It doesn’t matter even if she “looked 30,” showed him a fake ID, or was at a bar. A mistake is not a defense to the crime of statutory rape. Now, if Charlie was 24, he would have an exception under the “close in age”, or “Romeo and Juliet exception,” assuming the sex was consensual.
Example: High schooler Debra just turned 17 and starts dating Reginald, who is 56 years old. Should Reginald be charged with a crime if they consensually engage in intercourse?
No. Not unless he was in a position of trust, like a teacher or a coach. For this fact-pattern we need to look at C.R.S. 18-3-405.3. So, if Reginald was supervising Debra, or was in a position of trust, this would be a crime because she is under 18.
However, if they don’t have a supervisory relationship, this situation is legal. (No matter how distasteful it may be.) It is not illegal, as Debra at 17 years old, has the ability to consent under Colorado law. If this happened in a state like California, however, he would be in violation of the law, where the age of consent is 18.
Do you have questions or concerns about how the age of consent applies in your situation? Contact Us Now!
Possible Criminal Charges and Penalties
Sexual assault is a very serious crime with penalties to match the gravity of the charge. The Colorado legislature determined that a violation of subsection (d) is a significantly more serious crime than a violation of subsection (e) by ascribing them different levels of felony offense, and therefore different possible penalties. The penalties are different for the different subsections (ages of victims) in the statute:
Penalties for Conviction
If the offense falls under subsection (d), that the child is under 15 years old. The crime is classified as a class 4 felony.
It carries:
- 2-8 years in prison,
- Fines between $2,000-$500,000,
- Registration as a sex offender.
If the offense falls under subsection (e), the child is 15 or 16, and the Defendant is more than 10 years older, the charges is a class 6 felony. The penalties are:
- 12-18 months in prison
- Fines of $1,000-$100,000
- Registration as a sex offender.
Implications of the Laws
The primary aim of the age of consent in Colorado and Romeo and Juliet laws is to protect young individuals from exploitation.
It must also acknowledge that consensual relationships between teenagers close in age do not warrant criminal charges. Both teens and their parents/guardians should understand the age of consent laws in their state if they are sexually active.
The Importance of Legal Guidance
Given the complexities of the age of consent in Colorado and Romeo and Juliet laws, if you have a question about the legality of your relationship, it is wise to review the applicable laws, and seek expert legal counsel.
Statutory rape is a serious crime, and mistake is not a defense in Colorado. If you have been charged with the crime of statutory rape, or sexual assault, please consult a criminal defense attorney in your area.
Frequently Asked Questions
What does the age of consent mean?
The age of consent is the minimum age at which a person is legally capable of consenting to sexual activity. If someone is below the age of consent, the law may prohibit sexual conduct with that person even if they willingly agreed. Age of consent laws are intended to protect minors from sexual exploitation and abuse.
What is the age of majority in Colorado?
The age of majority in Colorado is 18 years old. At age 18, a person is generally considered a legal adult for most civil purposes, such as entering contracts and making legal decisions. The age of majority is different from the age of consent, which is 17.
How is the age of majority different from the age of consent?
The age of majority and the age of consent serve different legal purposes. The age of majority determines when someone is legally recognized as an adult, while the age of consent establishes when a person can legally consent to sexual activity. In Colorado, the age of consent is 17, while the age of majority is 18.
What is Colorado’s Romeo and Juliet law?
Colorado’s Romeo and Juliet law refers to close-in-age exceptions that may prevent criminal liability when two young people are close in age. These exceptions are limited and depend on the ages of the individuals involved, the type of sexual conduct, and the specific criminal statute. They do not automatically make every relationship between minors and young adults lawful.
Does Colorado have a close-in-age exception?
Yes. Colorado law recognizes limited close-in-age exceptions, often referred to as Romeo and Juliet provisions. These exceptions may apply when the age difference between the individuals falls within limits established by state law. Whether the exception applies depends on the facts of each case and the specific criminal offense involved.
Can a 16-year-old date a 20-year-old in Colorado?
Dating itself is not illegal in Colorado. However, if the relationship involves sexual activity, a 20-year-old may face criminal charges because a 16-year-old is below Colorado’s age of consent. Whether a crime has occurred depends on the specific facts and the applicable Colorado statutes.
Can a 19-year-old date a 17-year-old in Colorado?
Generally, yes. Because the age of consent in Colorado is 17, a relationship between a 19-year-old and a 17-year-old is not automatically illegal. However, every situation is different, and other criminal laws or circumstances could affect whether criminal charges are appropriate.
Can a 17-year-old consent to sexual activity with an adult in Colorado?
In most cases, yes. Since Colorado’s age of consent is 17, a 17-year-old can generally consent to sexual activity with another adult. However, exceptions may apply in situations involving positions of trust, authority, or other circumstances specifically addressed by Colorado law.
What happens if a 19-year-old has sex with a 17-year-old in Colorado?
Because the age of consent in Colorado is 17, sexual activity between a 19-year-old and a 17-year-old is generally lawful. However, criminal liability could still arise if other laws apply, such as those involving a position of trust, coercion, or other prohibited conduct.
What is statutory rape in Colorado?
Although Colorado law generally uses specific statutory offenses rather than the term “statutory rape,” the phrase commonly refers to unlawful sexual conduct involving a person who is below the legal age of consent. The exact criminal charge depends on the ages of the individuals involved, the conduct alleged, and the applicable Colorado statute.
How do Colorado age of consent laws work?
Colorado’s age of consent laws establish when a person can legally consent to sexual activity and identify situations in which sexual conduct involving a minor is prohibited. The law considers factors such as the ages of the individuals, any applicable close-in-age exceptions, and whether one person occupied a position of trust or authority.
Can minors legally consent to sexual activity in Colorado?
In Colorado, a minor who is 17 years old can generally consent to sexual activity. Individuals younger than 17 may be protected by criminal statutes that prohibit certain sexual conduct, although limited close-in-age exceptions may apply in specific situations. Whether conduct is lawful depends on the facts of each case and the applicable Colorado law.
Is it legal for a 20-year-old to date a 16-year-old in Colorado?
Dating itself is not illegal in Colorado. However, because the state’s age of consent is 17, a sexual relationship between a 20-year-old and a 16-year-old may result in criminal charges depending on the circumstances and the applicable Colorado statutes. Anyone facing allegations involving Colorado’s age of consent laws should consult an experienced criminal defense attorney as soon as possible.
