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020. COLORADO CRIMINAL CODE – OFFENSES INVOLVING THE FAMILY RELATION

The Crime of Incest in Colorado 18-6-301 (1)

Incest

Any person who knowingly marries, inflects sexual penetration or sexual intrusion, or subjects to sexual contact, an ancestor or descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits the class 4 felony of incest. 18-6-301 (1)

The Crime of Aggravated incest in Colorado  18-6-302

A person commits the class 3 felony of aggravated incest if he or she knowingly marries a natural child, inflicts sexual penetration or intrusion on, or subjects to sexual contact a natural child, stepchild, adopted child, and certain other whole or half blood relatives.

The provision does not apply to a legal marriage to a stepchild or adopted child. 18-6-302 (2)

Wrongs to Children in Colorado

The Crime of Child abuse in Colorado  18-6-401

Child abuse is a class 3 misdemeanor when a person acts with criminal negligence but where no death or injury results. 18-6-401 (7) (b) (II)

Child abuse is a class 2 misdemeanor when a person acts with criminal negligence and any injury other than serious bodily injury results. 18-6-401 (7) (a) (VI)

Child abuse is a class 2 misdemeanor when a person acts knowingly and recklessly but no death or injury to the child results. 18-6-401 (7) (b) (I)

Child abuse is a class 1 misdemeanor when a person acts knowingly or recklessly and any injury other than serious bodily injury results. 18-6-401 (7) (a) (V)

A second or subsequent offense of child abuse where no death or serious bodily injury occurred is a class 5 felony if the new offense involved any of the following acts:

(a) the defendant, who was in a position of trust with respect to the child, participated in a continued pattern of conduct resulting the child’s malnourishment or failed to ensure the child’s access to proper medical care;

(b) the defendant participated in a continued pattern of cruel punishment or unreasonable isolation or confinement of the child;

(c) the defendant made repeated threats of harm or death in the presence of the child to the child or to a significant person in the child’s life;

(d) the defendant committed a continued pattern of acts of domestic violence in the presence of the child; or

(e) the defendant participated in a continued pattern of extreme deprivation of hygienic or sanitary conditions in the child’s daily living environment. 18-6-401 (7) (e)

When a person acts with criminal negligence and the child abuse results in serious bodily injury to the child, it is a class 4 felony. 18-6-401 (7) (a) (IV)

When a person acts with criminal negligence and the child abuse results in the death of the child, it is a class 3 felony. 18-6-401 (7) (a) (II)

When a person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child, it is a class 3 felony. 18-6-401 (7) (a) (III)

When, in the presence of a child, on the premises where a child is found, or where a child resides, a person engages in the manufacture or attempted manufacture of a controlled substance or possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the product as an immediate precursor in the manufacture of a controlled substance, it is a class 3 felony. 18-6-401 (7) (d)

A person who acts knowingly or recklessly and the child abuse results in the death of the child commits a class 2 felony. 18-6-401 (7) (a) (I)

A person who knowingly causes the death of a child under the age of 12 and the person committing the offense is in a position of trust with respect to the child commits murder in the first degree, which is a class 1 felony. 18-6-401 (7)

The Crime of Sexual exploitation of a child in Colorado  18-6-403 (5) (b)

Any person who possesses or controls sexually exploitative material commits a class 6 felony. 18-6-403 (5) (b)

The sexual exploitation of a child by possession or control of sexually exploitative material is a class 4 felony if it is a second or subsequent offense or the possession is of a video, video tape, or motion picture or more than 20 different items qualifying as sexually exploitative material. 18-6-403 (5) (b)

A person who, for any commercial purpose, knowingly causes a child to engage in or be used for explicit sexual conduct or traffics in sexually exploitative material, commits the class 3 felony offense of sexual exploitation of a child. 18-6-403 (5) (a)

The Crime of the Procurement of a child for sexual exploitation in Colorado  18-6-404

Any person who intentionally gives, transports, provides, or makes available a child, or offers to do the same for the purpose of sexually exploiting a child, commits a class 3 felony. 18-6-404

The Crime of Harboring a Minor in Colorado  18-6-601 (2)

Harboring a minor. Harboring a minor is a class 2 misdemeanor. 18-6-601 (2)

The Crime of Contributing to Delinquency in Colorado  18-6-701 (2)

 Contributing to delinquency. Inducing, aiding, or encouraging any person under the age of 18 to violate any state or federal law, municipal or county ordinance, or court order is a class 4 felony. 18-6-701 (2)

The Crimes of Domestic Violence in Colorado

Domestic violence in Colorado – sentencing

Any person with three or more prior felony or misdemeanor domestic violence convictions who is convicted of any new offense that would otherwise be a misdemeanor, the underlying factual basis of which includes an act of domestic violence, may be adjudged a habitual domestic violence offender and convicted of a class 5 felony. 18-6-801 (7)

The Crime of Violation of a protection order in Colorado 18-6-803.5

Violating a protection order is a class 2 misdemeanor. 18-6-803.5 (2) (a)

Violating a protection order after having been previously convicted of violating a protection order or an analogous municipal ordinance, or violating a protection order issued pursuant to section 18-1-1001 concerning mandatory protection orders is a class 1 misdemeanor. 18-6-803.5 (2) (a)

 

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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