(1) Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits incest, which is a class 4 felony. For the purpose of this section only, "descendant" includes a child by adoption and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild.
(2) When a person is convicted of, pleads nolo contendere to, or receives a deferred sentence for a violation of the provisions of this section and the victim is a child who is under eighteen years of age and the court knows the person is a current or former employee of a school district or a charter school in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education. Source: L. 71: R&RE, p. 448, § 1. C.R.S. 1963: § 40-6-301. L. 83: Entire section amended, p. 695, § 6, effective June 15. L. 86: Entire section amended, p. 770, § 8 effective July 1. L. 90: Entire section amended, p. 1025, § 7, effective July 1. L. 2000: (2) amended, p. 1847, § 32, effective August 2. L. 2003: (2) amended, p. 2514, § 2, effective June 5.
Notes of Decisions
In re Marriage of Hogsett & Neale, 2021 CO 1 (Colo. 2021).
· cites it 2× “that bigamy is a class 6 felony); § 18-6-301(1), C.R.S. (2020) (making it a class 4 felony to knowingly marry an ancestor or descendant); § 19-4-105, C.”
People v. Fell, 832 P.2d 1015 (Colo. Ct. App. 1991).
· cites it 4× “8B), and, of incest, as well, § 18-6-301, C.R.S. (1991 Cum.Supp.); it is not an element of the crime of third degree sexual assault.”
People v. Weiss, 133 P.3d 1180 (Colo. 2006).
· cites it 3× “(2004), a class three, felony; incest, in violation of section 18-6-301, C.R.S. (2004), a class four felony; and sexual assault on a child, in violation of section 18-3^405, C.”
People v. Trujillo, 251 P.3d 477 (Colo. Ct. App. 2010).
· cites it 5× “, or is a victim of incest, as defined in section 18-6-301, C.R.S., when the victim was less than fifteen years of age at the time of the commission of the offense, or in which a child is the subject of a proceeding alleging that a child is neglected or dependent under section…”
City of Colorado Springs v. Givan, 897 P.2d 753 (Colo. 1995).
· cites it 3× “Givan had been employed by the City of Colorado Springs for twenty years when, in October of 1989, he pled guilty to and was convicted of felony incest in violation of section 18-6-301, 8B C.R.S. (1986). 2 The incest conviction was based on Givan’s sexual abuse of one of his two…”
People v. Disher, 224 P.3d 254 (Colo. 2010).
· cites it 2× “(2009) (defining the sexual exploitation of a child by describing explicit sexual conduct in detail); § 18-6-301, C.R.S. (2009) ("incest" defined as "[alny person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact"); §…”
Israel v. Allen, 577 P.2d 762 (Colo. 1978).
· cites it 3× “, the criminal incest statute, section 18-6-301, C.R.S. 1973, which does not include sexual relationships between adopted brother and sister.”
Ferguson v. People, 824 P.2d 803 (Colo. 1992).
· cites it 2× “(1986) (sexual intercourse with any person not the offender’s spouse, in exchange for money or other thing of value, proscribed as prostitution); § 18-7-206, 8B C.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004).
“§ 5-26-202 (LexisNexis 2003); Colo. Rev. Stat. § 18-6-301 (LexisNexis2003); Conn.”
State v. Hargrove, 771 P.2d 166 (N.M. 1989).
“§ 5-26-202 (1987); Colo.Rev.Stat. § 18-6-301 (Repl.Vol.1986); Del.”
People v. Gross, 670 P.2d 799 (Colo. 1983).
“The incest statutes, sections 18-6-301 to -302, C.R.S.1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-6-301(1) — 2 cases
In re Marriage of Hogsett & Neale, 2021 CO 1 (Colo. 2021).
“that bigamy is a class 6 felony); § 18-6-301(1), C.R.S. (2020) (making it a class 4 felony to knowingly marry an ancestor or descendant); § 19-4-105, C.”
City of Colorado Springs v. Givan, 897 P.2d 753 (Colo. 1995).
“Givan had been employed by the City of Colorado Springs for twenty years when, in October of 1989, he pled guilty to and was convicted of felony incest in violation of section 18-6-301, 8B C.R.S. (1986). 2 The incest conviction was based on Givan’s sexual abuse of one of his two…”
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