Romeo and Juliet Law: Explaining Age of Consent Exceptions in Colorado

In Colorado, engaging in sexual activity with someone under the age of consent can lead to serious legal consequences, including statutory rape charges.

However, the state’s Romeo and Juliet law provides an exception to these charges in certain situations, offering legal protection for consenting minors who are close in age.

What is the Age of Consent in Colorado?

The age of consent in our state is 17 years old. The law considers engaging in sexual activity with someone under this age as statutory rape, even when both parties consented to the act.

Statutory rape is a serious felony sex crime in Colorado, carrying significant criminal penalties that can have long-lasting consequences.

If you are facing statutory rape allegations, consult with an experienced criminal defense attorney who understands these statutes and can build a strong defense strategy on your behalf.

Colorado’s Romeo and Juliet Law

Romeo and Juliet statutes provide a narrow exception to the state’s statutory rape laws.

For Romeo and Juliet immunity to apply, several noteworthy criteria must be met:

• Minor must be at least 15 years old.
• Older partner must be less than ten years older than the minor.
• Sexual activity must be consensual.
• Older person cannot be in a position of trust or authority over the minor.

The Romeo and Juliet exception does not apply when actors do not meet these criteria, and engaging in sexual activity would be considered a sex crime under Colorado law.

Situations Not Covered by Law

You should also note that these statutes do not provide blanket protection for all situations involving minors and older partners.

Romeo and Juliet does not apply when:

• Minor is under 15 years old, even if their partner is within ten years of their age.
• Older partner is ten or more years older than the minor, even if the minor is 15 or 16.
• Older party is in a position of trust or authority over the minor, regardless of age difference.

The courts deem engaging in sexual activity in these situations as statutory rape or sexual assault under Colorado law.

Penalties for Statutory Rape in Colorado

The penalties for statutory rape in Boulder under C.R.S. § 18-3-405 (Sexual assault on a child), C.R.S. 18-3-404 (Unlawful Sexual Contact), and C.R.S. § 18-3-402 (Sexual assault) depend on the ages of the parties involved.

We’ve listed the consequences below in order of severity.

Class 6 felony (C.R.S. § 18-3-402(3))

When the victim is at least 15 years old but less than 17, and the actor is less than ten years older and not the spouse of the victim, punishable by 12 to 18 months in prison and a $1,000 to $100,000 fine.

Class 4 felony (C.R.S. § 18-3-405(2))

When the victim is less than 15 years of age, and the actor is at least four years older than the victim, punishable by 2 to 6 years in prison and a $2,000 to $500,000 fine (C.R.S. § 18-1.3-401, (V.5)(A)).

Class 3 felony (C.R.S. § 18-3-405(2)(a)-(d))

Punishable by 4 to 12 years in prison and a $3,000 to $750,000 fine when the victim is of any age and the actor:

• Applies force against the victim.
• Threatens imminent death, bodily injury, extreme pain, or kidnapping against the victim.
• Threatens retaliation by causing future death, serious bodily injury, extreme pain, or kidnapping, and the victim believes the actor will execute the threat.
• Commits the offense as part of a pattern of sexual abuse.

Class 2 felony (C.R.S. § 18-3-402(5)(a))

Punishable by 8 to 24 years in prison and a $5,000 to $1,000,000 fine when:

• The actor physically aids or abetted one or more persons to commit the sexual assault.
• The victim suffers serious bodily injury.
• The actor is armed with a deadly weapon or other article and uses it to cause the submission of the victim.

In many cases, the state will also require offenders to register as sex offenders.

Other Colorado Laws Related to Statutory Rape and Age of Consent

In addition to the Romeo and Juliet laws, Colorado has other rules related to statutory rape and the age of consent:

“Sexting” and explicit images

C.R.S. § 18-7-109 sets the age of consent for sending or receiving sexually explicit images or messages at 18 years old. Even if a minor is old enough to legally consent to sexual activity under the state’s age of consent laws, they cannot legally send or receive nude photos or videos until they are 18.

Mistake of age defense

According to C.R.S § 18-1-503.5, it is an affirmative defense to a charge of unlawful sexual contact if the defendant reasonably believed the victim was 17 years of age or older at the time of the alleged offense. However, this defense is unavailable if the victim is under 15.

Marriage involving minors

C.R.S § 14-2-106 allows minors 16 or 17 to marry with judicial approval and parental consent. This law may potentially provide a defense to statutory rape charges in some circumstances.

Position of trust

Colorado law imposes harsher penalties for statutory rape if the offender is in a position of trust over the victim, such as a teacher, coach, or counselor.

Under C.R.S § 18-3-405.3, the state can change the person of trust with sexual assault on a child.

This offense is more severe than statutory rape alone, including mandatory prison time and sex offender registration.

Get Legal Help with Colorado Age of Consent Laws

Colorado’s age of consent laws, including the Romeo and Juliet exception, protect minors from sexual exploitation while recognizing that consensual relationships between young people close in age may not warrant the same level of criminal punishment as predatory behavior by much older individuals.

If you have been charged with statutory rape or you have questions about Colorado’s age of consent laws, contact Dawson Law Office for guidance.