Incest or Aggravated Incest (CRS 18-6-301 and CRS 18-6-302 are rare but easily committed crimes in Denver, Arapahoe or Jefferson County. Recently, a young man was arrested and accused of Incest, Sexual Assault on a Child – CRS 18-3-405, and felony Sexual Assault – CRS 18-3-402. Incest is usually charged when the person accused has sex or sexual contact with someone they are related to. The Colorado statute specifies a relative as a “child, step child, adopted child, full blood uncle, aunt, nephew, niece, brother, sister or half-brother or half-sister.

What happens if you are arrested for incest or aggravated incest?

• Indeterminate Sentencing in Colorado

While there is no fixed prison term for Incest or Aggravated Incest, the likelihood of serving a life-long prison term is high because of Colorado's indeterminate sentencing for sex crimes. The legislature in Colorado cities such as Aurora, Littleton and Englewood has categorized sex offenders as habitual offenders. They have authorized lifetime imprisonment for people who are convicted of certain offenses.

• Parole or Colorado Sex Offender Intensive Supervised Probation (SOISP).

SOISP is used in areas such as Douglas, Larimer, Weld and Adams County when a sex offense like Incest or Aggravated Incest is charged. While a sex offender can remain and participate in the community while on probation, they are required to meet with a probation officer. These officers make all decisions about their life and freedom. The offender will have to endure mandatory testing, call-ins and visits. The many conditions of SOISP are difficult to follow, and if each requirement is not met, probation will be revoked. Prison time is the alternative.  A sentence to serve Sex Offender Intensive Supervised Probation is also indeterminate and could last the rest of your life.

• Forbidden to have contact with children – even your own.

Those who are convicted of Incest or Aggravated Incest in areas such as Highlands Ranch and Centennial are forbidden to have any contact with children, even their own. This greatly affects an individual and their family's quality of life.

If police contact you regarding an Incest or Aggravated Incest charge, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.