A young mother is facing multiple charges for throwing a wild party for her teenage daughter. According to the news, the mother hosted a party, which included alcohol, drugs, and sex. If this party had taken place in Denver, Arapahoe or Broomfield County, the woman likely would face sex crime charges. Currently, the woman is facing multiple counts of Contributing to the Delinquency of a Minor.

Wild Party and a Game of Naked Twister

Allegedly, the entire incident took place because the woman's 16-year-old daughter wanted to party with her mother and a few friends. The mother apparently provided alcohol and marijuana to the group, and then instigated and partook in a game of naked Twister. The party then moved to the hot tub, and later in the evening, the mother slept with an 18-year-old and a 16-year-old. Obviously, the woman's behavior was criminal, but what could she be charged with in Douglas, Adams, or Jefferson County?

Possible Sex Crime Charges for Mother

The laws are different in the state where this wild party and game of naked Twister took place, but in Colorado, the woman could face a couple different sexual offense charges. Let's take a look at each one:

Sexual
Assault

The woman slept with a willing 18-year-old, which is not illegal, because the age of consent in Colorado is 17. But, the woman passed out at a party and woke up with a 16-year-old having sex with her. This could be charged as Misdemeanor Sexual Assault in the state of Colorado. Sixteen-year-olds can give consent to a sexual relationship if the person they are sleeping with is within ten years of them, but if the person is more than ten years older, the adult can be charged with Misdemeanor Sex Assault, which is a sexual offense throughout Colorado.

Position of
Trust Charges

While sixteen-year-olds can give consent to a sexual relationship with an adult, if that adult is considered to be in a “position of trust” (such as a teacher, parent, coach, babysitter, etc.), then the age gap is reduced and there is no age of consent under the age of 18. Sexual Assault on a Child by One in a Position of Trust  – C.R.S. 18-3-405.3, is a sexual offense subject to indeterminate sentencing, sex offender registration, and sex offender treatment. Often, the decision of whether or not a person is in a “position of trust” is up to the DA or judge.

Obscenity
Charges

When an adult shows a minor pornographic material, another charge they can face is Obscenity – C.R.S. 18-7-102. This is charged when a person “promotes to a minor or possesses with intent to promote to a minor any obscene material.” When obscene material is shown to a minor, it is charged a class 6 felony sex offense requiring sex offender registration and treatment. “Obscene materials” are defined as representations or “descriptions of…sex acts,” depicted in a way that can be read or observed (such as a photograph).

Internet Sexual
Exploitation of a Child

During investigations into the case, it was discovered that the woman took photos of herself and her boyfriend having sex. This isn't illegal, because both she and her boyfriend are adults. Unfortunately, she allegedly showed these photos to her teenage daughter. If this occurred in Colorado, she could face charges of Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4. It is charged when a person uses a computer or internet network to invite or entice a person under the age of 15 (and they themselves are at least 4 years older) to observe their own “intimate parts via a computer network…”etc.

Why You Need an Expert Defense Attorney for Sex Crime Charges

Teenagers are difficult to raise, and sometimes parents go a bit too far in their quest to be friends with kids. Even though this is an extreme example, the skilled criminal defense lawyers at the O'Malley Law Office have defended clients charged with sex crimes after much tamer situations. If you or a loved one has made a mistake and are facing sexual offense charges in El Paso, Boulder, or Pitkin County, don't hesitate to contact a hardworking criminal defense attorney at our office to aggressively defend and protect your future.

Request a Free Consultation

If you or a loved one has been charged with a sexual crime, be smart, exercise your right to remain silent, and contact one of the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.