Contributing to the Delinquency of a Minor, C.R.S. 18-6-701, is frequently charged in Fort Collins, CO for providing alcohol or marijuana to a child. Such was the case for this Colorado man, who was charged with 29 counts of Contributing and 25 counts of False Imprisonment after he threw a party. At the party, there were several minors there and plenty of alcohol to go around. The False Imprisonment charges stemmed from an allegation that another adult refused to allow most of the people to leave. If you have been charged with Contributing, don’t wait another minute – contact a top criminal defense lawyer today to discuss your case.
1. What is Colorado’s Law on Contributing to the Delinquency of a Minor, C.R.S. 18-6-701?
Colorado’s law on Contributing to the Delinquency of a Minor, C.R.S. 18-6-701, is as follows:
(b) Any person who induces, aids, or encourages a child to violate any municipal or county ordinance, court order, or state or federal law that is not a felony victims rights act crime as defined in section 24-4.1-302 (1) commits second degree contributing to the delinquency of a minor. (c) As used in this section, the term “child” means any person under the age of eighteen years.
In other words, aiding or otherwise encouraging any child under 18 to commit a crime is a criminal offense under Colorado law.
2. Can I Give Alcohol to a Minor in Fort Collins?
Given the above story, it may surprise you to learn that yes, you can give alcohol to a minor in some circumstances in Fort Collins. The most applicable circumstance is outlined in C.R.S. 18-13-122 (5) (a). This states that it is an affirmative defense to a charge of Illegal Possession or Consumption of Alcohol by an Underage Person if:
- The minor who consumed the alcohol was legally on the property with the property owner’s knowledge, and
- The minor’s parent or legal guardian was present and gave consent for the minor to consume the alcohol.
Generally speaking, however, it is usually illegal to give alcohol to a minor in Colorado.
3. Is Contributing to Delinquency Punishable by Colorado DOC or Larimer County Jail Time?
Previously, Contributing to Delinquency was only ever a felony offense, punishable by incarceration in the Colorado DOC. Now it is sometimes charged as a misdemeanor, which is instead punishable by time at the Larimer County Jail. This depends on whether the offense the adult encouraged the child to commit was a felony Victim Rights Act crime enumerated in C.R.S. 24-4.1-302 (1). If it is, Contributing to Delinquency is charged as a felony. See the table below for a breakdown of different penalties that will result from conviction:
Misdemeanor Contributing – Class 1 misdemeanor / M1 |
Felony Contributing – Class 4 felony / F4 |
|
|
Have you been charged with Contributing to the Delinquency of a Minor? Don’t talk to the Fort Collins Police or Larimer County Sheriff – instead, be smart, and exercise your right to stay silent. Instead, call 970-658-0007 to get in touch with a top criminal defense lawyer with over 30 years of experience at the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Pavel Danilyuk