M E M O R A N D U M
February 21, 2018
TO: Interested Persons
FROM: Juliann Jenson, Research Analyst, 303-866-3264
SUBJECT: State Laws Addressing Age of Sexual Consent
Overview
Age of sexual consent is most commonly defined as the minimum age at which an individual
is considered legally old enough to consent to participation in sexual activity. The primary
purpose of setting an age of consent in law is to protect an underage person from sexual
advances by or activity with an older person. In most age of consent cases, the person below
the minimum age is regarded as the victim and the older person is regarded as the offender or
perpetrator, unless both are underage.
Statutory references. Most states, including Colorado, do not specifically define the term
“age of consent” in statute. Instead, a law will generally establish the age below which it is
illegal to engage in sexual activity with a person. The age of consent is therefore determined
by what is not considered a criminal act.
Age of sexual consent. The age of sexual consent varies by state, but it usually ranges
from 16 to 18 years of age, with the most common age being 16. Violations are open to
prosecution under statutory rape or other related sexual assault laws. Statutory rape is
generally defined as sexual contact with an individual who is below the legal age of consent and
usually refers to adults engaging in sexual activity with minors.
Close-in-age exemptions. Close-in-age exemptions allow people below the age of
consent to lawfully have sex with older partners provided those partners fall within a certain age
range and are not in a position of trust or authority. For example, many states allow a 14- or
15-year old to consent to sexual activity as long as his or her partner is less than five years
older.
Summary
This memorandum provides an overview of state laws that address age of consent for
sexual activity. More specifically, it provides information about the age of sexual consent in
Colorado and other states, including exemptions that allow a person below the age of
consent to have lawful sex with an older person. The memorandum further outlines the
sexual abuse charges that are used to prosecute age of consent and sexual assault-related
crimes within Colorado.