State Guide
Age of Consent in Colorado
A plain-English guide to the age of consent in Colorado, cited to C.R.S. § 18-3-402. Colorado allows an unusually wide age gap for older teenagers.
Close-in-age allowance, up to 10 years for older teensColorado at a glance
The core figures from this guide, in one place.
| Age of consent | 17 |
|---|---|
| Governing statute | C.R.S. § 18-3-402 (Sexual Assault) |
| Close-in-age mechanism | Not covered below a set gap, which varies by victim age |
| Age-based defense, if any | None needed — statute simply doesn’t reach the conduct |
| Related offense | Position-of-trust sexual assault — C.R.S. § 18-3-405.3 |
Overview
Colorado sets its age of consent at 17. Once both people are 17 or older, Colorado law does not restrict consensual sexual activity between them at all. Below that age, C.R.S. Section 18-3-402 sets out a close-in-age structure built directly into the sexual assault statute, using two different gap thresholds depending on the younger person’s age.
Colorado is unusual for how wide its allowance runs for older teenagers: a gap of up to ten years is permitted where the younger person is 15 or 16, far broader than the three-to-five-year gaps common in most other states. For a victim under 15, the allowance narrows sharply to four years.
Age of consent in Colorado
C.R.S. Section 18-3-402 makes it sexual assault to knowingly inflict sexual intrusion or sexual penetration on a victim under 15 where the actor is at least four years older and not the victim’s spouse, or on a victim who is 15 or 16 where the actor is at least ten years older. Outside those specific gap conditions, the statute does not reach consensual conduct with a 15, 16, or 17 year old.
Close-in-age rules in Colorado
The two thresholds work as follows:
- Victim under 15: the actor must be less than four years older, or the conduct is a class 4 felony.
- Victim 15 or 16: the actor must be less than ten years older, or the conduct is a class 6 felony.
- Victim 17 or older: no restriction under this section at all.
Exceptions and defenses
A position of trust overrides the general consent rule even for a 17-year-old who would otherwise be old enough to consent. A parent, guardian, teacher, coach, or anyone else responsible for a minor’s health, education, or supervision can be charged under a separate position-of-trust statute for sexual contact with anyone under 18, regardless of the age gap. Consent by the minor is not a defense to a position-of-trust charge. A lawfully married 16-year-old may also consent to sexual activity with their spouse regardless of the age gap.
Applicable statutes
The codified Colorado law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and a 24-year-old, an eight-year gap. Because the victim is 15 or 16 and the gap is under ten years, this specific provision does not reach the conduct.
Example 2. A 16-year-old and a 28-year-old, a twelve-year gap. This exceeds the ten-year threshold for this age band, so sexual assault under Section 18-3-402(1)(e) applies, a class 6 felony.
Example 3. A 14-year-old and an 18-year-old, a four-year gap. Because the victim is under 15 and the gap meets the four-year threshold, sexual assault under the more serious tier applies, a class 4 felony.
Frequently asked questions about Colorado
What is the age of consent in Colorado?
17. Once both people are 17 or older, Colorado law does not restrict consensual sexual activity between them.
Does Colorado have a Romeo and Juliet law?
Yes, built directly into the sexual assault statute. It allows a gap of up to ten years for a victim who is 15 or 16, and up to four years for a victim under 15.
Why is the allowed gap so much wider for 15 and 16 year olds?
Colorado’s statute simply sets a higher threshold, ten years, for that specific age band, compared to four years for victims under 15. This is significantly wider than the gap most other states allow.
Does a position of trust change anything?
Yes. A parent, teacher, coach, or similar authority figure can be charged under a separate statute for sexual contact with anyone under 18, regardless of the age gap or whether the minor otherwise could have consented.
Can a conviction be removed from the sex offender registry?
In some cases. A person convicted under the ten-year-gap provision for a 15 or 16 year old victim is specifically eligible to petition for removal from the registry.
Official sources
Primary and official sources this guide is built from.
Two different thresholds by victim age
Colorado’s allowance is not a single number — it depends on how old the younger person is.
| Victim age | Maximum allowed gap | Charge if exceeded |
|---|---|---|
| Under 15 | 4 years | Class 4 felony |
| 15 or 16 | 10 years | Class 6 felony |
| 17 or older | No restriction | Not applicable |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Colorado Revised Statutes and a Colorado Legislative Council Staff memorandum, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Colorado attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Colorado Revised Statutes as of 25 July 2026. It has not yet been reviewed by a licensed Colorado attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.