Colorado Sex Crime Attorney Blog

Consensual Sex Can be Charged as a Sex Offense When Juveniles are Involved in Denver, Colorado

Posted by Kyle B. Sawyer | Sep 12, 2018 | 0 Comments

Teenager Arrested on Charges of Sexual Assault on a Child and Internet Luring of a Child in Greeley, Colorado

Internet Luring of a Child (CRS 18-3-306) is a serious charge that can mean years of jail time, registering as a sex offender, and the strict Sex Offender Intensive Supervised Probation (SOISP). A Colorado man, arrested in Weld County early last month, is facing these penalties and more. According to The Tribune, the 19 year-old met a 14 year-old girl on Snap (previously known as Snapchat) and within a day was snuck into the girl's room to have sex. The two teenagers were found unclothed by the girl's mother. The man rapidly left through the window and was later arrested as he arrived home.  As the man lied about his age (claiming to be 17), he is facing charges of both Internet Luring of a Child and Sexual Assault on a Child even though the girl agreed to having sex.

When is Sex Between Teenagers Illegal?

If the man in question had indeed been 17, he would not have been facing charges. If the girl had been 16 and he had not lied about his age, their interaction would not have been considered Illegal. Colorado's Romeo and Juliet laws outline guidelines for what is and is not permitted for minors involved in sexual relationships. While 17 years-old is considered the age of consent, children who are 15 and under are legally allowed to give consent to sexual contact to someone who is within 3 years of their age. For anyone 16 or older, they are allowed to be sexually involved with someone who is no more than 10 years their elder.

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Denver, Colorado Sentence for Sexual Assault on a Child

The sentence for Sexual Assault on a Child, C.R.S. 18-3-405, is a class 4 felony. This crime is defined as “Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.” A class 4 felony for a sex crime against a child can mean a minimum of 2 years in prison. If the child is hurt, or if the actor is knowingly infected with HIV, the crime can be subject to indeterminate sentencing. This can mean life in prison, as there is no maximum sentence given.

If you are facing sex offense charges such as Sexual Assault on a Child or Internet Luring of a Child, be smart, exercise your right to remain silent, and call the experienced attorneys at O'Malley and Sawyer at 303-830-0880. 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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