Colorado Sex Crime Attorney Blog

Denver Incest Attorney | Mother Accused of Sexual Relationship with Son

Posted by Kyle B. Sawyer | Nov 14, 2016 | 0 Comments

You need an Incest attorney at the O'Malley Law Office if facing charges of Incest in Colorado.

Image Credit: Pixabay – ArtsyBee

According to the news, a mother and son face charges of Incest after arrest warrants allege the two had sex. The mother is 45 years of age, while her son is 25 years of age and is apparently married with a child. For engaging in sexual relations with one another, in Denver and across Colorado, the two could face charges of Incest, C.R.S. 18-6-301. If you are facing charges of Incest in Colorado, contact an Incest attorney from the O'Malley Law Office to defend your future today.

Incest in Arapahoe and Adams County | How is Incest Charged in Colorado?

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

“(1) Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits incest, which is a class 4 felony. For the purpose of this section only, “descendant” includes a child by adoption and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild.”

Because the mother and son allegedly had sex, it would qualify as Incest because sexual penetration or sexual intrusion was inflicted upon a natural child twenty-one years of age or older. Incest is a class 4 felony in Colorado. However, Incest is also subject to Colorado's indeterminate sentencing laws, which means if convicted, the defendant would risk spending the rest of his or her life in prison.

Aggravated Incest in Douglas County | Definition of Aggravated Incest

In Douglas County and across Colorado, the definition of Aggravated Incest, C.R.S. 18-6-302, is:

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

(a) 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.

(b) 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.”

If the son was younger than 21 years of age, Aggravated Incest charges could be filed instead. Notice how this statute applies to a “child” under twenty-one years of age, or someone under ten years of age. For this reason, Aggravated Incest is a class 3 felony in Colorado, and is also subject to indeterminate prison sentencing.

Jefferson County Incest Attorney at the O'Malley Law Office: Call Today

If facing Incest or Aggravated Incest charges in Jefferson County or any other part of Colorado, call the top Incest lawyers at the O'Malley Law Office immediately. Though no mandatory prison is required, you may face an indeterminate prison sentence, sex offender registration and treatment, as well as probation or parole under Colorado Sex Offender Intensive Supervised Probation if convicted of Incest or Aggravated Incest. The government will place many restrictions on where you can live, work and who you can have contact with upon a conviction. You cannot afford to put your future at risk in so many ways. Call an Incest attorney at the O'Malley Law Office today and protect your future.

Our Colorado Incest criminal lawyers located in the Denver metro area are experienced in fighting Incest and Aggravated Incest charges. If contacted by police regarding Incest or Aggravated Incest charges in Colorado, be smart, exercise your right to remain silent and 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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