Colorado Sex Crime Attorney Blog

Charged with Incest Despite No Blood Relation?

Posted by Kyle B. Sawyer | Jan 15, 2014 | 0 Comments

Charged with Incest in Colorado? Contact an attorney at the O'Malley Law Office.
You don't often think of consenting adults when you hear of someone who has been charged with Incest. But, a recent case in West Virginia shows that two consenting adults with no blood relation can be arrested for having a sexual relationship. According to news reports, a 28-year-old man was having a relationship with his 21-year-old stepdaughter. He never adopted the stepdaughter, but is still legally married to her mother. This could happen in Denver, Adams or Jefferson County as well, as you can see by looking closely at the Colorado Statute.

Could 2 Consenting Adults Be Charged with Incest in Colorado?

Two consenting adults (with no blood relation) could be charged with Incest under certain circumstances. Let's take a look at the statute (C.R.S. 18-6-301), which says Incest occurs when:

  • Any person has sexual contact with a “descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older.” If the “child” is twenty, nineteen or eighteen years old, the crime will be charged as Aggravated Incest – C.R.S. 18-6-302.

As you can see – if a person has sexual contact with a stepchild, they can face Incest charges. No official adoption process has to occur. As long as the person is still married to the parent of the “child,” having sexual contact is illegal in Arapahoe, Larimer and Douglas County.

Incest Has Life Changing Consequences

If a person is convicted of Incest, they will face many life-altering consequences:

Indeterminate Sentencing: In Colorado, Incest is subject to indeterminate sentencing, which means a judge doesn't set an upper limit for the amount of time spent in prison. Their release would depend on a decision from the Colorado Parole Board. But first, a person must complete sex offender treatment.

Sex Offender Treatment: Before being considered for release, a person must complete treatment overseen by the Colorado Sex Offender Management Board. Unfortunately, there aren't enough treatment providers, so a person convicted of Incest could spend many unnecessary years in prison.

Sex Offender Registration: Once a person is released from the Colorado Department of Corrections, they will have to register as a sex offender in the jurisdiction where they live. There are many picky rules related to registration which are extremely difficult to follow. If a person fails to register correctly, or they simply stop registration, they will be charged with Failure to Register as a Sex Offender – C.R.S. 18-3-412.5.

Why You Need an Experienced Sex Crimes Lawyer

The consequences of an Incest conviction are enormous. It doesn't seem right to us that two consenting, non-related adults could be sent to prison for the rest of their lives and undergo invasive treatment alongside serial rapists. Moral questions aside, this law is overly strict. If you have been charged with Incest or Aggravated Incest in Pueblo, Custer, or Fremont County, don't stand alone in court. Don't put your life on the line. Contact one of our experienced criminal defense attorneys to fight on your behalf and get you the justice you deserve.

Request a Free Consultation

If you or a loved one has been charged with Incest or Aggravated Incest in Denver, Littleton, or Highland's Ranch, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. 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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