In Weld County, Incest involves marrying; having sexual contact or penetration with a blood relative, natural child or child by adoption, stepchildren or adopted children, a descendant, uncle, aunt, nephew or niece. This description is limited in some cases to related persons 21 years or older. Aggravated incest is when the victim is younger than the age of 21 years old, and in some cases those less than ten years of age. The penalty is more severe for Aggravated Incest. The top attorneys at the O’Malley Law Office understand the seriousness of a felony sexual charge and will fight for the best outcome in your case – including dismissal. Below, our experienced sex crimes attorneys will discuss many factors of Incest and Aggravated Incest:
#1. Legal Definition of Incest in Greeley, Colorado
The legal definition of Incest, C.R.S. 18-6-301, in Greeley is:
It is important to note that in Colorado, Incest can be charged if the alleged victim is a child by adoption or stepchild no matter how old they are.
#2. What is the Difference Between Incest or Aggravated Incest, C.R.S. 18-6-303, in Weld County?
The difference is largely based on the age of the victim. If the Victim is under 21 years of age, then the defendant could be charged. The definition of Aggravated Incest, C.R.S. 18-6-303, is:
(a) Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.
(b) Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, 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 ten years of age.
Even if the victim is 21 years old, it is still a crime to have sexual contact with a related person. In this instance, a defendant would be charged with Incest.
#3. Sentence and Penalties of Incest and Aggravated Incest in Erie and Windsor, Colorado
In Erie and Windsor, the sentence for Incest is a class 4 felony with penalties of indeterminate sentence of between 2 years and life in the Colorado Department of Corrections, and fine of $2,000-$500,000. The sentence for Aggravated Incest is a class 3 felony with penalties of an indeterminate sentence of between 4 years and life in a Colorado State Prison, and a fine of $3,000-$750,000. If either is considered a “crime of violence” because the victim sustained “serious bodily injury,” or the defendant used or possessed a “deadly weapon,” then a minimum of 10 year sentence can be given for a class 3 felony and five years minimum for a class 4 felony.
#4. Why Hire an Experienced Sex Crime Attorney in Weld County When Faced with an Incest or Aggravated Incest Charge?
An experienced Weld County sex crime attorney knows that when a defendant is faced with an Incest or Aggravated Incest crime, they are generally also facing another sex crime charge. Without an aggressive and skilled attorney, a defendant faces an indeterminate sentence of many years in prison, a criminal record that can impact your employment and where you live, and having to register as a Colorado Sex Offender. The O’Malley Law Office attorneys have over 30 years of experience in defending against sex crimes and will fight for you.