Incest charges in the state of Colorado should be handled with extreme care. These charges often arise because someone has alleged sexual contact with a relative (many times a child or stepchild). Sexual relationships between brothers and sisters are also classified as incest. There are many details that determine whether unlawful sexual contact equates to incest or aggravated incest, but both can result in serious penalties. If you’re found yourself facing a sex offense, consult an attorney right away for guidance through the legal process.
What is Incest?
Knowingly marrying, inflicting sexual penetration or sexual intrusion on, or subjecting to sexual contact an ancestor or descendant, including a natural child, child by adoption, or stepchild 21 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 where “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. (C.R.S. 18-6-301)
Possible Sentencing for Incest
Incest is a Class 4 felony, which carries a normal presumptive sentencing range of 2 to 6 years. If the felony is a crime of violence, the sentencing range increases to 5 to 16 years. This felony is subject to lifetime supervision and requires sex offender registration.
Penalties for Incest in Colorado
Provided the victim was not bodily injured and you didn’t use, possess, or threaten the use of a deadly weapon, punishment for incest can include:
- A prison sentence between two years to life
- A fine of $2,000 to $500,000
If you used a deadly weapon or caused the other person to suffer a bodily injury, incest can be charged as a “crime of violence” in Colorado. This can carry a minimum prison sentence of 10 years or more.
What Must be Proven to be Guilty of Incest?
That the defendant, in the State of Colorado, at or about the date and place charged, knowingly married, inflicted sexual penetration or sexual intrusion on, or subjected to sexual contact, an ancestor, descendant, or adopted child.
What is Aggravated Incest?
- Marriage to an actor’s natural child. (C.R.S. 18-6-302(2))
- Infliction of sexual penetration or sexual intrusion on, on inflicting sexual contact on a natural child, stepchild, or child by adoption, where the “child” is defined as a person under the age of 21 (this section does not apply in cases of a legal marriage to a child by adoption or stepchild) (C.R.S. 18-6-302(2))
- Marrying, inflicting sexual penetration or sexual intrusion on, or subjecting to sexual contact 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 10 years of age. (C.R.S. 18-6-302(2))
Possible Sentencing for Aggravated Incest
Aggravated incest is a Class 3 felony, which carries a normal presumptive sentencing range of 4 to 12 years. If the felony is a crime of violence, the sentencing range increases to 10 to 32 years. This felony is subject to lifetime supervision and requires sex offender registration.
Penalties for Aggravated Incest in Colorado
Under Colorado law, aggravated incest can be accompanied by:
- Four years to life in prison and/or
- A fine of $3,000 to $750,000
If a deadly weapon was used, or if the other person had bodily harm inflicted onto him or her, that becomes a “crime of violence.” This would increase the minimum prison time to 21 years.
What Must be Proven for Aggravated Incest?
That the defendant, in the State of Colorado, at or about the date and place charged, knowingly married or inflicted sexual penetration or sexual intrusion on, or subjected to sexual contact, his natural child, stepchild, or child by adoption, who was under the age of twenty-one.
What to Do Now?
As you know, these crimes are very serious and require the expertise of a successful criminal defense attorney to protect your rights! M. Colin Bresee has experience with defending these kinds of crimes as well as extensive experience prosecuting them. He knows the tips and tricks of the trade. Contact our office so he can help you protect your rights and advise you on your unique case.