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Questions and Answers 18-3-402(1)(e)- Colorado Misdemeanor Statutory Rape – Sexual Assault On A Child Aged 15 to 17 Law

by H. Michael Steinberg Colorado Sex Crimes Defense Lawyer for the defense of statutory rape – Email the Author at [email protected]

Questions and Answers 18-3-402(1)(e)- Colorado Misdemeanor Statutory Rape – Sexual Assault On A Child Aged 15 to 17 Law – This article will explain the misdemeanor crime of Sexual Assault on a Child. Many years ago the Colorado State Legislature saw a gap in the so called statutory rape law that they filled by adding section (1)(e) to 18-3-402.

Before the passage of section (1)(e) of 18-3-402 – any child 15 or over could engage in sexual acts with another as long as those acts were consensual.

Even if a teen and older individual claim they are both willing participants in the relationship or sexual encounter, in some situations it is still considered rape under the law.

What Is The Purported Reason For Statutory Rape Charges?

Statutory rape criminal laws have been enacted on the questionable assumption that minors under the age of 15 (felony statutory rape) and minors under the age of 18 having sex with individuals 10 or more years older – are incapable of giving informed consent to sexual acts.

Because this automatic “incapacity” is written into the law itself – (meaning there are no recognized defenses) – the term, “statutory” rape has always been used.

While it is listed under the laws entitled Sexual Assault – statutory rape has no aspect of assault and the DA need not prove an assault.

What Exactly IS Statutory Rape In Colorado?

Statutory rape is a term used to describe sexual relations between individuals that would be legal if not for their ages. The FBI definition describes statutory rape as non-forcible sexual intercourse with a person who is younger than the statutory age of consent. Each state has laws that prohibit sex with a minor. The age of consent varies from state to state as well as does the punishment for the crime.

Colorado Statutory Rape §18-3-402

Felony – Sexual Assault – knowingly inflicts sexual intrusion or sexual penetration on a victim under age 15 if the actor is at least four years older.

Misdemeanor – Sexual Assault – knowingly inflicts sexual intrusion or sexual penetration on a victim at least 15 years old but less than 17 years old and the actor is at least 10 years older.

Colorado Statutory Rape Charges – Analysis Of The Issues – Some Legal Definitions To Understand

• Age of consent. This is the age at which consensual sexual intercourse can take place. In Colorado – the felony level age of consent is 15. The misdemeanor level is 15 to 17 if there is an there an “age differential” of 10 years or more.

• Minimum age of victim. This is the age below which an individual cannot consent to sexual intercourse under any circumstances (15 in Colorado);

• Age differential. If the victim is above the minimum age and below the age of consent, the age differential is the maximum difference in age between the victim and the defendant where an individual can legally consent to sexual intercourse; and

• Minimum age of defendant in order to prosecute. This is the age below which an individual cannot be prosecuted for engaging in sexual activities with minors.

Here is the entire Colorado Sexual Assault law 18-4-402 as it exists today with the section highlighted in yellow (2014):

CRS.§ 18-3-402. Sexual Assault

(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; or

(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or

(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or

[HMS – This is the section explored in this article – as it appears in the context of all of the other sections of the law.]

(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or

(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or

(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or

(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.

(2) Sexual assault is a class 4 felony, except as provided in subsections (3), (3.5), (4), and (5) of this section.

[HMS -The punishment is a Class 1 misdemeanor and it is enhanced to the extraordinary risk crime sentencing range of – 6 to 24 months in the county jail (not prison).

(3) If committed under the circumstances of paragraph (e) of subsection (1) of this section, sexual assault is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

(3.5) Sexual assault is a class 3 felony if committed under the circumstances described in paragraph (h) of subsection (1) of this section.

(4) Sexual assault is a class 3 felony if it is attended by any one or more of the following circumstances:

How Long Does The State Have To Bring Charges Under This Section – The Statute of Limitations For 18-3-402(1)(e)

Here is the Statute of Limitations on 18-3-402(1)(e)

No person shall be prosecuted, tried, or punished for a misdemeanor offense specified in section 18-3-402 or 18-3-404 , unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense. The limitation for commencing criminal proceedings and juvenile delinquency proceedings concerning unlawful sexual offenses that are felonies shall be governed by section 16-5- 401(1) (a), C.R.S.

All other misdemeanor sex offenses must be prosecuted within 18 months of the commission of the crime.

Mistake Of Age Defense

Some jurisdictions allow perpetrators the “mistake-of-age” defense to escape criminal responsibility by alleging that they thought the victim was older. Colorado is not one of the states that permits that defense.

Here is a chart that informs which states permit the Mistake of Age Defense. – Click On It To EMLARGE>

Questions and Answers 18-3-402(1)(e)- Colorado Misdemeanor Statutory Rape – Sexual Assault On A Child Aged 15 to 17 Law

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado Sex Crimes Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about 18-3-402(1)(e)- Colorado Misdemeanor Statutory Rape – Sexual Assault On A Child Aged 15 to 17 Law, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

Over 40 Years Specializing in Colorado Criminal Law H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the topic of this article – Questions and Answers 18-3-402(1)(e)- Colorado Misdemeanor Statutory Rape – Sexual Assault On A Child Aged 15 to 17 Law.