Colorado Age of Consent Chart: Close-in-Age Rules and Penalties

The age of consent in Colorado is 17. Sexual activity with someone younger can still be legal under close-in-age rules, and sexual activity with a 17-year-old can still be criminal when the older person holds a position of trust. Colorado writes these limits into its sexual assault statutes rather than into a single “age of consent” law, so whether conduct is legal depends on the exact ages of both people and the relationship between them.

How the 17 Threshold Actually Works

Two statutes do most of the work. C.R.S. 18-3-402 covers sexual intrusion and penetration, and C.R.S. 18-3-405 covers sexual contact. Both use the same age thresholds and the same age-gap requirements, though they carry different penalties.¹

Under C.R.S. 18-3-402(1)(e), it is sexual assault when the younger person is at least 15 but under 17 and the older person is at least ten years older. Once the younger person turns 17, that provision no longer applies, and no age-gap restriction attaches under this statute. That is why 17 functions as the general age of consent even though the number is never stated that way in the code.¹

Close-in-Age Rules for Younger Teens

Colorado’s “Romeo and Juliet” protections are built into the offense definitions themselves. Two brackets matter:

If the younger person is 15 or 16, the older partner must be less than ten years older. A 16-year-old with a 25-year-old is outside the statute; a 16-year-old with a 26-year-old is not.¹
If the younger person is under 15, including children well below that age, the older partner must be less than four years older. A 14-year-old with a 17-year-old whose birthday keeps the gap under four years is outside the statute; the same 14-year-old with an 18-year-old at least four years older is not.¹

The four-year rule applies to every minor under 15, not just to 14-year-olds. What changes at younger ages is practical: the pool of legally available partners shrinks, and prosecutors may examine consent more closely even when the math technically works.²

Because these rules turn on the exact difference in age rather than round numbers, birthdays control the outcome. Two people who are “both 15” can be nearly two years apart. The statute measures actual age difference, not grade level or class year.

Position of Trust Raises the Age to 18

Even when the younger person is 17 and would otherwise be able to consent, sexual contact is a felony if the older person holds a position of trust. Under C.R.S. 18-3-405.3, that category covers teachers, coaches, employers, counselors, clergy, foster parents, and anyone else exercising supervisory authority over the minor.³

The penalty tracks the victim’s age. If the minor is under 15, the offense is a Class 3 felony carrying four to twelve years in prison. If the minor is 15, 16, or 17 and there is no pattern of abuse, it is a Class 4 felony carrying two to six years.³

The close-in-age rules do not override a position-of-trust charge. A 22-year-old teaching assistant and a 17-year-old student are well within the normal age-gap limits, but the supervisory relationship makes the conduct criminal anyway.

Marriage

C.R.S. 18-3-402(1)(d) and (1)(e) both exclude conduct between spouses, so the age-based sexual assault provisions do not reach a married couple. This carveout is narrow. Under C.R.S. 18-3-409, marriage is not a general defense to sexual offenses; it applies only where a specific statute names spouses.⁴

Sexting Between Minors

Colorado handles intimate images shared between minors through its own statute, C.R.S. 18-7-109, rather than the adult child sexual exploitation law. The statute applies when the person depicted or the recipient is at least 14 or is less than four years younger than the juvenile who shared the image, and it separates conduct into three tiers.⁵

A minor who sends a nude image of themselves to someone who asked for it or agreed to receive it commits a civil infraction punishable by a fine of up to $50 or an educational program. No arrest or jail is permitted.
A minor who possesses another minor’s intimate image without consent commits a petty offense, unless they deleted it or reported it to law enforcement within 72 hours. Holding ten or more images of three or more people raises the charge to a Class 2 misdemeanor.
A minor who forwards or posts another minor’s intimate image without consent commits a Class 2 misdemeanor. It becomes a Class 1 misdemeanor if the sharing was meant to coerce or intimidate, or if the minor has a prior offense.

A Class 2 misdemeanor carries up to 120 days in jail and a $750 fine; a Class 1 misdemeanor carries up to 364 days and a $1,000 fine.⁶ The reduced juvenile penalties apply only under this statute. An adult who possesses or distributes intimate images of a minor faces sexual exploitation charges under C.R.S. 18-6-403, a Class 3 felony.

What a Violation Costs

Penalties depend on the ages involved, the type of contact, and whether force or a pattern of abuse is present.

Sexual assault under C.R.S. 18-3-402: When the younger person is under 15 and the older person is at least four years older, or when the younger person is 15 or 16 and the older person is at least ten years older, the offense is a Class 4 felony. That means two to six years in prison, fines of $2,000 to $500,000, and three years of mandatory parole.¹
Sexual assault on a child under C.R.S. 18-3-405: This covers sexual contact with a child under 15 by someone at least four years older. It starts as a Class 4 felony and escalates to a Class 3 felony (four to twelve years, fines of $3,000 to $750,000) when the offender uses force or threats.⁷
Internet luring of a child under C.R.S. 18-3-306: A Class 5 felony (one to three years), rising to a Class 4 felony when the purpose is sexual exploitation or sexual contact.⁸

Each of these convictions triggers mandatory sex offender registration.⁹

Sex Offender Registration

Registration is not a one-time event. Registrants must update their information within five business days of changing address, and they must provide all email addresses, messaging accounts, and chat identities to law enforcement.¹⁰

Getting off the registry is possible for some offenders and impossible for others. Under C.R.S. 16-22-113, a person convicted of a Class 1, 2, or 3 felony can petition twenty years after completing the sentence; a Class 4, 5, or 6 felony (or Class 1 misdemeanor unlawful sexual contact) requires ten years; other misdemeanors require five. Juveniles may petition upon successful completion and discharge, with court approval.¹¹

Some convictions carry no exit. Adults convicted of sexual assault on a child, incest, or sexual assault under certain provisions of C.R.S. 18-3-402 cannot petition off the registry. Neither can anyone with more than one conviction for unlawful sexual behavior in any jurisdiction. A person classified as a sexually violent predator remains registered for life.¹¹

When to Talk to a Lawyer

The distance between legal conduct and a felony in Colorado’s age-of-consent framework is often measured in months. Someone who thinks they fall within a close-in-age exception may be wrong by a few weeks, and a supervisory relationship can criminalize what the age-gap math would otherwise permit. Anyone facing an accusation, an investigation, or a difficult conversation with a school or employer should speak with a criminal defense attorney before making statements.

Defense work in these cases often turns on establishing the exact age gap, challenging whether a position-of-trust relationship existed, or negotiating the charge itself. For juveniles accused under the sexting statute, an attorney can pursue diversion programs that avoid a criminal record. For adults with registrable convictions, counsel can eventually navigate the petition process under C.R.S. 16-22-113, though the waiting periods are long and the eligibility rules unforgiving.¹¹

1
Justia. Colorado Revised Statutes Section 18-3-402 – Sexual Assault
2
Colorado Legislative Council Staff. State Laws Addressing Age of Sexual Consent
3
Justia. Colorado Code 18-3-405.3 – Sexual Assault on a Child by One in a Position of Trust
4
Justia. Colorado Revised Statutes Section 18-3-409 – Marital Defense
5
Colorado Revised Statutes (COCODE). Colorado Revised Statutes Section 18-7-109 – Disclosure, Possession, or Exchange of a Private Intimate Image or Intimate Digital Depiction by a Juvenile
6
Justia. Colorado Revised Statutes Section 18-1.3-501 – Misdemeanor Penalties
7
Justia. Colorado Revised Statutes Section 18-3-405 – Sexual Assault on a Child
8
Justia. Colorado Revised Statutes Section 18-3-306 – Internet Luring of a Child
9
Justia. Colorado Code 16-22-103 – Offenders Registration
10
Justia. Colorado Revised Statutes Section 16-22-108 – Registration
11
Justia. Colorado Revised Statutes Section 16-22-113 – Petition for Removal From Registry