Colorado
Legislative
Council
Staff
Room 029 State Capitol, Denver, CO 80203-1784
(303) 866-3521 • FAX: 866-3855 •TDD: 866-3472
leg.colorado.gov/lcs
E-mail: lcs.ga@state.co.us
M E M O R A N D U M
February 21, 2018
TO: Interested Persons
FROM: Juliann Jenson, Research Analyst, 303-866-3264
SUBJECT: State Laws Addressing Age of Sexual Consent
Overview
Age of sexual consent is most commonly defined as the minimum age at which an individual
is considered legally old enough to consent to participation in sexual activity. The primary
purpose of setting an age of consent in law is to protect an underage person from sexual
advances by or activity with an older person. In most age of consent cases, the person below
the minimum age is regarded as the victim and the older person is regarded as the offender or
perpetrator, unless both are underage.
Statutory references. Most states, including Colorado, do not specifically define the term
“age of consent” in statute. Instead, a law will generally establish the age below which it is
illegal to engage in sexual activity with a person. The age of consent is therefore determined
by what is not considered a criminal act.
Age of sexual consent. The age of sexual consent varies by state, but it usually ranges
from 16 to 18 years of age, with the most common age being 16. Violations are open to
prosecution under statutory rape or other related sexual assault laws. Statutory rape is
generally defined as sexual contact with an individual who is below the legal age of consent and
usually refers to adults engaging in sexual activity with minors.
Close-in-age exemptions. Close-in-age exemptions allow people below the age of
consent to lawfully have sex with older partners provided those partners fall within a certain age
range and are not in a position of trust or authority. For example, many states allow a 14- or
15-year old to consent to sexual activity as long as his or her partner is less than five years
older.
Summary
This memorandum provides an overview of state laws that address age of consent for
sexual activity. More specifically, it provides information about the age of sexual consent in
Colorado and other states, including exemptions that allow a person below the age of
consent to have lawful sex with an older person. The memorandum further outlines the
sexual abuse charges that are used to prosecute age of consent and sexual assault-related
crimes within Colorado.
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Marriage exemptions. Every state regulates marriage, and one of the requirements for
obtaining a marriage license is to be at least a certain age. Most states require parties to be
18 years old to marry. However, parental consent or judicial approval may allow for parties
under the age of 18 to do so. Because of this, most statutory rape laws create exceptions for
minors engaged in a sexual relationship with their lawful spouse.
A state-by-state listing of age of consent and close-in-age exemptions can be found here:
https://www.ageofconsent.net/states
Colorado Law
Colorado law does not define age of sexual consent in statute; instead, the law is written to
make a determination of whether individuals, based on age, have the legal capacity to consent
to sexual activity. The age of consent is then determined by what is excluded from the Colorado
criminal code. Colorado also provides exemptions for specified age differences between
partners and for marriage.
Age of sexual consent. The Colorado age of sexual consent is 17 years old. Colorado law
does not criminalize consensual sex when both parties are 17 years old or older.
Close-in-age exemption. Colorado law allows for 15- and 16-year olds to lawfully engage
in sexual behavior with partners who are less than ten years older, and minors younger than 15
to engage in sexual acts with those less than four years older.
1
Marriage exemption. Colorado law includes a spousal exemption from statutory rape or
sexual assault charges if the involved parties are married.
2
Although the legal age at which a
person may marry is 18, parties aged 16 and 17 are allowed to wed with parental consent or
judicial approval.
3
Penalties for violating age of consent. Table 1 depicts examples of the more common
statutory sexual abuse charges that may apply if a person violates the age of sexual consent in
Colorado. The severity of the charge depends upon the specifics of the act and ages of both
partners. The offenses primarily involve sexual activity between adults and minors and are
considered crimes regardless of consent by the minor. Additionally, a nonconsensual sexual
act is a crime under Colorado law regardless of the age of the actors.
1
Section 18-3-402, C.R.S.
2
Section 18-3-402, C.R.S.
3
Sections 14-2-106 and 14-2-108, C.R.S.
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Table 1
Age of Consent-Related Penalties
Criminal Charge
Statutory Citation
Severity
Description
Sexual Assault –
4-year close-in-age
exemption
Section 18-3-402 (1)
(d), C.R.S.
Class 4 felony
Individual who is at least 4 years
older has sex with a minor who is
under 15 years old.
Sexual Assault –
10-year close-in-age
exemption
Section 18-3-402 (1)
(e), C.R.S.
Class 1
misdemeanor
Individual who is at least 10 years
older has sex with a minor
between the ages of 15 and 17.
Sexual Assault on a
Child – Position of Trust
Section 18-3-405.3,
C.R.S.
Class 3 felony;
Class 4 felony
Individual in a position of trust has
sex with a minor who is 14 years or
younger (Class 3) or between the
ages of 15 and 17 (Class 4).
Enticement of a Child
Section 18-3-305,
C.R.S.
Class 4 felony
Individual invites or persuades a
minor under the age of 15 to enter a
place with the intent to commit
sexual assault or unlawful sexual
contact upon the minor.
Internet Luring of a Child
Section 18-3-306,
C.R.S.
Class 5 felony
Following circumstances must
occur: knowingly communicating
over the internet; knows or believes
the victim to be under 15; describes
sexual conduct; invites or persuades
the minor to meet; and, is more than
four years older than the minor.
Source: Legislative Council Staff.
