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Colorado understanding CRS 18-3-404 (1.5) age of consent

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Junior Member
My family lives in Colorado. I have a 29 year old son who has befriended a 17 year old boy. I understand that they are not having sex and just friends (at this point) and that the Colorado age of consent in Colorado is 17 [with the noted exception of CRS 18-3-404 (1.5)].

While they were in our home, I observed that they had spent the night and cuddled together in the same bed. I reviewed the statutes to see if my son could be charged with any crime.

What I found is that - while the age of consent in Colorado is indeed 17 throughout both CRS 18-3-402 and CRS 18-3-403 - there is one exception is CRS 18-3-404 (1.5) which reads that:

the term "child" means "any person under the age of eighteen years".

Everywhere else Colorado law specificially uses both ages 15 and 17, and age 17 appears to be the "generally-recognized" statewide age of consent.

I know that my son would never do anything to harm this 17 year old boy, but I am concerned that the younger boy's parents could find out about their relationship which goes beyond friendship and might try to prosecute my son under the barbed exception of CRS 18-3-404 (1.5). Statute CRS 18-3-404 (1.5) makes a one-time exception and redefines the age of consent to 18 within one specific set of circumstances.

What is the scope of CRS 18-3-404 (1.5)? What is the litmus test for all has to occur or be present for local or state law enforcement to consider charging someone under CRS 18-3-404 (1.5) which effectively nullifies the age 17 age of consent. Does statute 18-3-404 (1.5) require that there be three parties?

Is this a loose cannon that requires little proof and only hearsay evidence, or is there a higher burden of proof required? I am worried that the 17 year old (under pressure from his parents) could turn around and make a false claim - being his word against my son's word that sex (or worse) occurred when it did not.

How would state and local authories respond to an accusation, even if my son did everything right, if all affection was mutual, and there was no evidence of any sexual contact or coersion at all?

What is the likelihood that the District Attorney would actually prosecute my son if the police are contacted but there was no evidence of any form of sexual contact or coersion, only pressured testimonial his-word against my son's word? Also the homeowner, could I also be found liable?

I am trying to be supportive of my son's friendship / relationship, but I just want to make sure that he is not breaking the law in any way or that his innocent actions could not be twisted to turn him into a criminal in the eyes of the law.

Thanks for your help.

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