In Fort Collins and Larimer County, there are two different crimes that a person can be charged with when accused of having sexual contact with a family member: Incest and Aggravated Incest. The level of charge depends on the relation and age of the other party. Let’s take a closer look at these two charges.
Larimer County Incest Lawyer: Definition of Incest in Fort Collins, Colorado
The Larimer County, Colorado law definition of Incest – C.R.S. 18-6-301 – is:
Let’s break down the elements of this crime:
- Type of Contact: marries, sexual penetration, sexual intrusion, or sexual contact
- Relation:
- Natural child aged 21 or older
- Child by adoption aged 21 or older
- Stepchild aged 21 or older
- Whole or half-blood brother or sister
- Whole or half-blood uncle or aunt
- Whole or half-blood nephew or niece
So, based on the elements above, if a 30-year-old man has contact with his 27-year-old niece, even though they are both adults, both know they are related and both (for all intents and purposes) consent to the contact, the man could be charged with Incest. As a class 4 felony indeterminate sex offense, this charge is punishable by 2 years to life in the Colorado Department of Corrections. Any conviction will also require the person register as a sex offender.
Aggravated Incest in Estes Park and Loveland: Definition of Aggravated Incest in Colorado
In Fort Collins, Loveland and Estes Park, Aggravated Incest – C.R.S. 18-6-302 – is defined as:
(a) Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.
(b) Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.
Similar to above, let’s look at the elements of this crime:
- Type of contact: illegally marries, sexual penetration, sexual intrusion, or sexual contact
- Relation:
- Natural child under the age of 21
- Stepchild under the age of 21
- Child by adoption under the age of 21
- Whole or half-blood brother or sister under the age of 10
- Whole or half-blood uncle or aunt under the age of 10
- Whole or half-blood nephew or niece under the age of 10
As you can see, age plays the biggest part in this crime, which is why it is considered aggravated. Because of the age of the alleged victim, we often see Sexual Assault on a Child or Sexual Assault on a Child by One in a Position of Trust charged along with Aggravated Incest cases. As a class 3 felony indeterminate sex crime, Aggravated Incest is punishable by 4 years to life in the Colorado Department of Corrections.
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 criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation today. Together, we can protect your future.
Photo by Lukas Rychvalsky