Incest charges in the state of Colorado should be handled with extreme care. They are incredibly difficult cases that only an experienced criminal defense attorney should be handling. Nothing in your life can be more expensive than an inexpensive attorney. Please call an attorney immediately if you are contacted by the police or a family member is arrested for this crime. These charges often arise because someone has alleged sexual contact with a relative, many times a child or stepchild. Sexual relationships between brothers and sisters are also classified as incest. There are many details that determine whether unlawful sexual contact equates to incest or aggravated incest, but both charges can result in serious penalties.
If you’ve found yourself facing an incest charge, consult an experienced criminal defense lawyer right away for guidance through the legal process.
Is Incest Illegal in Colorado?
Yes, incest is illegal in Colorado. Under Colorado law, incest involves engaging in sexual intercourse or relations with close family members such as parents, children, siblings, or grandparents. This includes both blood relatives and those related through adoption. Incest is considered a serious sexual offense, which can result in significant legal consequences, including prison time and fines. Colorado law distinguishes between regular incest and aggravated incest, with the latter involving more severe circumstances and resulting in harsher penalties.
What Is Incest?
Knowingly marrying, inflicting sexual penetration or sexual intrusion on, or subjecting to sexual contact an ancestor or descendant, including a natural child, child by adoption, or stepchild 21 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 where “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. (C.R.S. 18-6-301)
Possible Sentencing for Incest
Incest is a Class 4 felony that carries a normal presumptive sentencing range of 2 to 6 years. If the felony is a crime of violence, the sentencing range increases to 5 to 16 years to life. This felony is subject to lifetime supervision and requires sex offender registration. Put in plain English, a person convicted of a Class 4 felony crime of violence would be sentenced to 5 years to life, or 6 years to life, 7 years to life, and up to 16 years to life. A crime of violence can include acts like sexual assault or domestic violence. When these elements are present, the incest penalties are treated more severely, often resulting in longer sentencing.
Penalties for Incest in Colorado
Provided the victim was not bodily injured and you didn’t use, possess, or threaten the use of a deadly weapon, punishment for incest can include the following:
- A prison sentence between two years to life
- A fine of $2,000 to $500,000
If you used a deadly weapon or caused the other person to suffer a bodily injury, incest can be charged as a “crime of violence” in Colorado. This can carry a minimum prison sentence of 10 years or more to life.
What Must Be Proven to Be Guilty of Incest?
That the defendant, in the State of Colorado, at or about the date and place charged, knowingly married, inflicted sexual penetration or sexual intrusion on, or subjected to sexual contact, an ancestor, descendant, or adopted child.
What Is Aggravated Incest?
The definition of aggravated incest in Colorado, as defined under C.R.S. 18-6-302(2), includes several specific actions. It involves marrying or engaging in sexual penetration, sexual intrusion, or sexual contact with a natural child, stepchild, or adopted child under the age of 21 unless legally married to the stepchild or adopted child. Aggravated incest also covers marrying, sexually penetrating, or subjecting to sexual contact a descendant, a sibling of the whole or half-blood, or a whole-blood uncle, aunt, nephew, or niece who is under 10 years of age.
Possible Sentencing for Aggravated Incest
Aggravated incest is a Class 3 felony that carries a normal presumptive sentencing range of 4 to 12 years. If the felony is a crime of violence, the sentencing range increases to 10 to 32 years. This felony is subject to lifetime supervision and requires sex offender registration. Put in plain English, a person convicted of a Class 3 felony crime of violence would be sentenced to 10 years to life, or 11 years to life, 12 years to life, and up to 32 years to life. A crime of violence can include acts like child abuse or enticement of a child. When these elements are present, the incest penalties are treated more severely, often resulting in longer sentencing. This felony is subject to lifetime supervision and requires sex offender registration.
Penalties for Aggravated Incest in Colorado
Under Colorado law, aggravated incest can be accompanied by:
- Four years to life in prison and/or
- A fine of $3,000 to $750,000
If a deadly weapon was used, or if the other person had bodily harm inflicted onto him or her, that becomes a “crime of violence.” This would increase the minimum prison time to 21 years.
What Must Be Proven for Aggravated Incest?
That the defendant, in the state of Colorado, at or about the date and place charged, knowingly married or inflicted sexual penetration or sexual intrusion on, or subjected to sexual contact, his natural child, stepchild, or child by adoption, who was under twenty-one years of age.
Charged With Incest? Get Help Now
As you know, these sex crimes are very serious and require the expertise of a successful criminal defense attorney to protect your rights! M. Colin Bresee has experience with defending incest charges as well as extensive experience prosecuting them. He knows the ins and outs of criminal law, drawing from his experience as a former prosecutor and defense lawyer.
Before speaking with law enforcement, contact our office for a free consultation so we can help you protect your rights and advise you on your unique case. The Law Offices of M. Colin Bresee serves clients in the following areas:
- Arapahoe County, including Aurora, Centennial, Englewood, Greenwood Village, and Littleton
- Adams County, including Thornton and Westminster
- Denver County
- Douglas County, including Castle Rock, Highlands Ranch, and Parker
- El Paso County, including Colorado Springs and Security-Widefield
- Gilpin County, including Central City
- Jefferson County, including Arvada and Lakewood
- Weld County, including Greeley and Longmont
