Sexual Assault on a Child Attorney in Fort Collins
Man Charged for Having Underage Girlfriend

A man was arrested for Sexual Assault on a Child after it was found that he had a 16 year old underage girlfriend. Read more here.

In Fort Collins and Larimer County, a person can be charged with Sexual Assault on a Child for having sexual contact with a child. A recent news article reported about a man calling police for help and ending up getting charged with a crime (not an uncommon occurrence). According to the report, the man had called police because his girlfriend was under the influence of more than one substance. It wasn’t disclosed what was going on that needed police intervention, simply that the man was reporting her substance use as an issue. When police arrived, they investigated and found out the 30-year-old man’s girlfriend was actually 16 years old and the two had a 1-year-old child together. The man ended up being arrested for the relationship.

Larimer County Sexual Assault on a Child Lawyer: Definition of Sex Assault on a Child in Colorado

The article stated that the man was charged with Sex Assault on a Child. The Larimer County, Colorado law definition of Sexual Assault on a Child – C.R.S. 18-3-405 – is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

It’s important to note that this statute specifies that the child has to be less than fifteen years old. Now, it’s still possible that the man could be charged with this if they determined that the relationship started when the girl was 14 or younger. Depending on the age of the child and the girl’s exact age, it would be easy to prove how old the girl was when she got pregnant, and maybe that fits with the under 15 requirement.

Attorney for Underage Girlfriend Sexual Assault Charges in Loveland and Estes Park

The article does misstate something related to the Sexual Assault on a Child charge. The article specifically says that:

In Colorado, sexual assault on a child includes children between 15 and 17 if the other participant is at least 10 years older than the victim.

This is actually not true. In Fort Collins, Loveland, and Estes Park, if the victim is between 15 and 17 and the accused is at least 10 years older, then the charge is Sexual Assault (C.R.S. 18-3-402(e)), not Sexual Assault on a Child. A charge under this subsection is a class 6 felony, whereas Sex Assault on a Child is at least a class 4 felony – a major difference in a potential sentence.


If you or someone you love has been charged with Sexual Assault on a Child, 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. Together, we can protect your future.

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