Colorado Sex Crime Attorney Blog

Aggravated Incest Denver Attorney | Mother and Son Accused of Sexual Relationship

Posted by Kyle B. Sawyer | Aug 29, 2016 | 0 Comments

A mother and son could face charges for Aggravated Incest for having a sexual relationship.
Image Credit: Pixabay – Pokeychan

An Aggravated Incest story seems to be circulating online and stirring a controversy. According to the news, a mother and son are accused of having a sexual relationship. The 36-year-old mother apparently gave birth when she was 16 years of age and gave her son up for adoption when he was still a baby. The mother and now 19-year-old son later found each other on Facebook. The mother met her son at his adopted father's house and brought him back to her home. After a few weeks of living together, the two said they developed romantic feelings for each other. Their romantic feelings then led them into a sexual relationship, where kissing led to other things. In Denver, Arapahoe County and across Colorado, both of them could face charges of Aggravated Incest, C.R.S. 18-6-302.

Aggravated Incest Arapahoe County Lawyer | Aggravated Incest Charged when Child is Under 21 Years Old

The definition of Aggravated Incest in Arapahoe County and across Colorado is:

“A person commits aggravated incest when he or she knowingly:

  1. Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.
  2. Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.”

Because the mother and son had a sexual relationship, which could have included sexual penetration, intrusion or sexual contact, it would be considered Aggravated Incest. The incest charges are aggravated because the son is under twenty-one years of age. Even though many people might think men and women over the age of eighteen are no longer “children”, Colorado law disagrees. Penalties are harsher whenever Incest is committed against any person under the age of 21, as they are considered children. Aggravated Incest is a class 3 felony in Colorado.

Aggravated Incest Sentence in Adams and Douglas County | No Mandatory Prison Time, But Possible Indeterminate Prison Sentence

Though there is no mandatory prison for Aggravated Incest in Adams and Douglas County, an indeterminate prison sentence is possible. This means an Adams County judge won't put an upper limit on your prison sentence, and you could spend the rest of your life in prison. You also face sex offender registration and treatment and Colorado Sex Offender Intensive Supervised Probation. Not to mention the fact that you cannot have contact with children. Don't risk any of these possible outcomes if facing charges or accusations of Aggravated Incest. Involve a top Incest criminal lawyer in your case, who will fight hard for your future.

Charged with Aggravated Incest in Jefferson County? Call an Incest Lawyer at the O'Malley Law Office

If facing charges of Aggravated Incest in Jefferson County or any other part of Colorado, call the best criminal defense lawyers at the O'Malley Law Office immediately. Our attorneys work full-time to protect our clients' futures. This means we practice 100% criminal defense, and are completely devoted to you. Don't risk the many restrictions and crippling consequences of an Aggravated Incest charge or conviction in Colorado. Involve a criminal defense lawyer who specializes in sex crimes and can get you the best possible outcome in your criminal case.

Request a Free Consultation

If facing charges of Aggravated Incest in Colorado, be smart and exercise your right to remain silent. Then, call the O'Malley Law Office at 303-830-0880 or fill out the “Get Help Now” form at the side of this page. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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