Image Source: Pixabay-KeithJJ

There is a fuzzy line when it comes to crimes by kids in Denver and Arapahoe County; how much of what a teenager does is criminal and how much is just a part growing up and learning right from wrong? Should we hold children to the same standards as adults?

A perfect example is the Sexual Exploitation of a Child statute. When a child takes a naked picture of himself, he creates child pornography – a class 4 felony. This is the premise of an article we read in the Denver Post. As part of hazing for sports teams, kids are pushing the limits and hurting each other – sometimes in sexual ways. The article talked about an instance where teenagers were forcing their way into a younger teammate's room, holding him down, and sodomizing him – clearly a case of sexual assault. But, we have seen less severe conduct being charged in the same way.

Adams County Juvenile Sexual Assault Lawyer: What is the Definition of Sexual Assault?

The Adams, Jefferson, and Douglas County, Colorado law definition of Sexual Assault – C.R.S. 18-3-402 – as it relates to force is:

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will;

When force, threats or coercion is involved, as it usually is in hazing or forced sex  cases, it is a class 3 felony.

Douglas County Hazing - Juvenile Charges for Sexual Assault

The examples provided in the article are severe and horrible. They definitely meet the standards for sexual assault. Holding someone down and inserting objects into them without permission is never ok.

But, as experienced criminal defense attorneys, we have seen many kids overcharged for far less. For example, a young teen walks by another fully clothed boy in the locker room and punches him in the rear end, his thumb penetrating his rectum. This is charged the same as a group of boys holding down a teammate and shoving a pool cue inside him. While we don't condone either, we don't think they should be treated or charged the same.

Request a Free Consultation

Don't talk to police about hazing allegations - talk to us. 303-830-0880