(1) A person commits aggravated incest when he or she knowingly:
(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.
(2) Aggravated incest is a class 3 felony.
(3) When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section and the court knows the person is a current or former employee of a school district 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: § 40-6-302. L. 77: (1) amended, p. 965, § 35, effective July 1. L. 83: Entire section added, p. 695, § 7, effective June 15. L. 90: (3) added, p. 1026, § 8, effective July 1. L. 2000: (3) amended, p. 1847, § 33, effective August 2.
Notes of Decisions
Cited in
40
cases (
4 in the last 5 years), 1979–2026 · leading case:
v. Daley, 2021 COA 85 (Colo. Ct. App. 2021).
v. Daley, 2021 COA 85 (Colo. Ct. App. 2021).
· cites it 2× “2020; six counts of aggravated incest, § 18-6-302(1)(a), C.R.S. 2020; internet sexual exploitation of a child, § 18-3-405.”
People v. LaRosa, 293 P.3d 567 (Colo. 2013).
· cites it 2× “(2012) {sexual assault on a child by one in a position of trust); § 18-6-302(1)(a), C.R.S. (2012) (aggravated incest).”
A.S. v. People, 312 P.3d 168 (Colo. 2013).
· cites it 2× “See § 18-6-302(2), C.R.S. (2013). . A.S. pleaded guilty to count 1 (the first count of sexual assault on a child) and count 11 (the aggravated juvenile offender sentence enhancer).”
People v. Diefenderfer, 784 P.2d 741 (Colo. 1989).
· cites it 4× “(1986), and aggravated incest, section 18-6-302(1)(a), 8B C.R.S. (1986).”
Christensen v. People, 869 P.2d 1256 (Colo. 1994).
· cites it 2× “These include sexual assault on a child, in violation of section 18-3-405; aggravated incest, in violation of section 18-6-302; sexual assault, except misdemeanor sexual assault in the third degree, in violation of sections 18-3-401 to —404; and attempt to commit any of the…”
Roelker v. People, 804 P.2d 1336 (Colo. 1991).
· cites it 4× “Section 18-6-302, 8B C.R.S. (1987). He was found guilty by a jury and sentenced to four years in the department of corrections.”
Thiret v. Kautzky, 792 P.2d 801 (Colo. 1990).
· cites it 3× “; aggravated incest, as defined in section 18-6-302, C.R.S.; and an attempt to commit any of the offenses mentioned in this subsection (5).”
People v. Gibbens, 905 P.2d 604 (Colo. 1995).
· cites it 2× “1 After an investigation, the defendant was charged in the Jefferson County District Court with one count of aggravated incest, § 18-6-302, 8B C.R.S. (1986 & 1995 Supp.).”
People v. Melendez, 102 P.3d 315 (Colo. 2004).
“§ 18-6-302, 6 C.R.S. (2001). . § 18-3-405, 6 C.”
People v. Fierro, 606 P.2d 1291 (Colo. 1980).
· cites it 6× “1973), and aggravated incest (section 18-6-302, C.R.S. 1973). 1 We affirm.”
People v. Mintz, 165 P.3d 829 (Colo. Ct. App. 2007).
“No published decision has addressed what the unit of prosecution is for the crime of aggravated incest under § 18-6-302(1)(a), C.R.8.2006. As pertinent here, this statute prohibits a parent from subjecting his or her child, stepchild, or adopted child to "sexual penetration or…”
Woellhaf v. People, 105 P.3d 209 (Colo. 2005).
“(1998) (repealed July 1, 2000), and one count of aggravated incest, § 18-6-302, 6 C.R.S. (1998). The second degree sexual assault convictions were later dismissed at sentencing.”
— Colo. Rev. Stat. § 18-6-302(1) — 2 cases
People v. Fierro, 606 P.2d 1291 (Colo. 1980).
“1973), and aggravated incest (section 18-6-302, C.R.S. 1973). 1 We affirm.”
— Colo. Rev. Stat. § 18-6-302(1)(a) — 7 cases
v. Daley, 2021 COA 85 (Colo. Ct. App. 2021).
“2020; six counts of aggravated incest, § 18-6-302(1)(a), C.R.S. 2020; internet sexual exploitation of a child, § 18-3-405.”
People v. LaRosa, 293 P.3d 567 (Colo. 2013).
“(2012) {sexual assault on a child by one in a position of trust); § 18-6-302(1)(a), C.R.S. (2012) (aggravated incest).”
People v. Mintz, 165 P.3d 829 (Colo. Ct. App. 2007).
“No published decision has addressed what the unit of prosecution is for the crime of aggravated incest under § 18-6-302(1)(a), C.R.8.2006. As pertinent here, this statute prohibits a parent from subjecting his or her child, stepchild, or adopted child to "sexual penetration or…”
People v. Diefenderfer, 784 P.2d 741 (Colo. 1989).
“(1986), and aggravated incest, section 18-6-302(1)(a), 8B C.R.S. (1986).”
— Colo. Rev. Stat. § 18-6-302(1)(e) — 1 case
— Colo. Rev. Stat. § 18-6-302(2) — 3 cases
A.S. v. People, 312 P.3d 168 (Colo. 2013).
“See § 18-6-302(2), C.R.S. (2013). . A.S. pleaded guilty to count 1 (the first count of sexual assault on a child) and count 11 (the aggravated juvenile offender sentence enhancer).”
— Colo. Rev. Stat. § 18-6-302(l)(a) — 5 cases
People v. Diefenderfer, 784 P.2d 741 (Colo. 1989).
“(1986), and aggravated incest, section 18-6-302(1)(a), 8B C.R.S. (1986).”
— Colo. Rev. Stat. § 18-6-302(l)(b) — 1 case
— Colo. Rev. Stat. § 18-6-302(l)(e) — 1 case
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