Fort Collins Incest Attorney | Can a Consensual Adult Relationship Be a Crime?

A mother and adult son are facing Incest charges for having a sexual relationship with each other, even though the son was adopted as a baby and they didn't know each other until he was an adult. Read more about this story here.
A mother and adult son are facing Incest charges for having a sexual relationship with each other, even though the son was adopted as a baby and they didn't know each other until he was an adult. Read more about this story here.
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I recently read an interesting story that is making news headlines across the nation and thought I would share it with you today. A mother and son are both facing Incest charges for having a sexual relationship. What makes this story different than the norm is that the mother and son only recently met. According to the news report, the mother had the boy when she was 16 years old and gave him up for adoption. When he was 18, they reconnected over Facebook and met in person. The pair claim they fell in love and began having a sexual relationship. Police discovered the relationship while investigating a dispute between neighbors and the two were arrested. A protection order was entered preventing the two from having any contact, but they maintain that no court order will keep them apart. The cases have been set for trial in September, for Incest charges.

Larimer County Incest Attorney: What is the Definition of Incest?

The Colorado law definition of Incest – C.R.S. 18-6-301 – is:

Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one 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 commits incest, which is a class 4 felony. For the purpose of this section only, “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.

Any sort of sexual contact between two related people can result in Fort Collins Incest charges. Even if the relationship is between a stepmother and adult stepson, who share no blood relation whatsoever, they can still be charged. While the two in the story are obviously blood related, they never shared the same mother-son relationship as those who lived in the same house. So, their argument is that the relationship is practically the same as if they met on the street or in a club. They met as adults, strangers upon their first interaction, and a relationship ensued.

Fort Collins Incest Lawyer: What is the Sentence / Punishment for Incest?

In Fort Collins, Loveland, and Estes Park, Incest is a class 4 felony which is punishable by 2 to 6 in the Colorado Department of Corrections. Incest is only charged when the two parties involved are over the age of 21. If one of the parties is under the age of 21, Aggravated Incest would be charged, which is a class 3 felony. In Larimer, Boulder, and Grand Count, a class 3 felony is punishable by 4 to 12 years in the Colorado Department of Corrections. Interesting to point out that this statute defines a child as anyone under the age of 21, while under most other Colorado law statutes, a child is anyone under the age of 18.

If you or someone you love has been charged with Incest or Aggravated Incest, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.