Contributing to the Delinquency of a Minor Lawyer
Contributing to the Delinquency of a Minor Defense
On This Page
- Charged With Contributing to the Delinquency of a Minor?
- What the Law Prohibits
- First and Second Degree Contributing
- How These Charges Usually Arise
- Hosting Parties Where Teenagers Drink
- Related Charges
- How the Case Moves Through Court
- How Contributing Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs Defense Lawyer
- Frequently Asked Questions
- Sources
Charged With Contributing to the Delinquency of a Minor?
Contributing to the delinquency of a minor is a charge that surprises many of the people who face it. It often comes from ordinary situations: a party where teenagers were drinking, an adult who bought a vape or marijuana for a younger friend, a parent who allowed a child to skip a court-ordered obligation, or an older teen who brought a younger one along on a bad decision.
The charge does not require that the adult committed the underlying offense. It is based on inducing, aiding, or encouraging a child to break a law, an ordinance, or a court order. Depending on what the child was encouraged to do, the charge can be a misdemeanor or a felony.
This page explains how Colorado defines the offense, the two degrees and their penalties, how these cases come up in El Paso County, and how they are defended.
What to Do After a Contributing Charge
- Do not discuss the case with the child or their parents. Contact can lead to witness tampering allegations or protection order violations.
- Do not explain your side to police without a lawyer.
- Preserve messages and photos that show what you knew about the child's age and what was planned.
- Tell your lawyer about your job. Teachers, coaches, and other professionals who work with children face additional reporting and licensing issues.
What the Law Prohibits
Under C.R.S. 18-6-701, a person commits contributing to the delinquency of a minor by inducing, aiding, or encouraging a child to violate a law, a municipal or county ordinance, or a court order. A "child" means any person under 18.
Each part of the definition matters:
- Induces, aids, or encourages. The adult must do something that helps bring about the child's violation, such as supplying alcohol, planning the conduct, providing transportation, or urging the child on. Simply being present is usually not enough.
- A child. The person encouraged must be under 18. Whether the accused knew or should have known the person's age is often disputed.
- A violation. The child's conduct must violate a state or federal law, a local ordinance, or a court order. That includes offenses that only apply to young people, such as underage drinking or curfew violations.
First and Second Degree Contributing
Since March 1, 2022, Colorado has divided the offense into two degrees based on what the child was encouraged to do:
| Degree | When It Applies | Classification | Possible Sentence |
|---|---|---|---|
| First degree | Encouraging a child to commit a felony that is listed as a victims' rights act crime | Class 4 felony | 2 to 6 years in prison and a fine of $2,000 to $500,000 |
| Second degree | Encouraging a child to violate any other law, ordinance, or court order | Class 1 misdemeanor | Up to 364 days in jail and a fine of up to $1,000 |
Victims' rights act crimes are listed in C.R.S. 24-4.1-302 and include serious offenses such as assault, robbery, burglary, sexual offenses, and many crimes of violence. Encouraging a child to drink, use marijuana, skip school, or commit a minor theft is generally second degree.
Older sources describe contributing as a class 4 felony in every case. That was true before the 2021 sentencing reform. For offenses committed on or after March 1, 2022, most cases are charged as the class 1 misdemeanor.
The sentencing ranges come from C.R.S. 18-1.3-501 and C.R.S. 18-1.3-401. Probation and deferred judgments are common outcomes, particularly for people without prior records.
How These Charges Usually Arise
- Underage drinking. Hosting a party, buying alcohol, or allowing teenagers to drink at a home is the most common source of contributing charges.
- Marijuana and vaping. Sharing or buying marijuana or nicotine products for someone under 21 can lead to charges, and to contributing charges when the person is under 18.
- Truancy and court orders. A parent or adult who helps a child avoid school, probation terms, or a juvenile court order can be charged.
- Group offenses. An adult who drives younger teens to commit a theft, vandalism, or a fight can face contributing charges along with the underlying offense.
- Runaways. Helping a child stay away from home in violation of a court order can be charged.
- Young adults. Eighteen- and nineteen-year-olds who socialize with younger friends are frequently charged, sometimes in situations where the age difference is small.
Hosting Parties Where Teenagers Drink
A large share of contributing cases begin when police respond to a party, a noise complaint, or a crash after a gathering where teenagers were drinking. Prosecutors in these cases focus on what the adult did and what the adult knew.
- Who supplied the alcohol or marijuana. Buying it, handing it out, or allowing guests to use it from the household supply is often treated as aiding or encouraging.
- Whether the adult was present. An adult who was away when teenagers gathered is in a different position from one who hosted or supervised.
- Whether the adult knew guests were under 21. Messages, invitations, and social media posts are often used to show what the adult knew.
- What happened afterward. If a guest was injured, drove impaired, or was involved in a crash, the case becomes more serious and can bring civil liability as well.
The fact that a teenager's parents knew about or allowed drinking at another family's home does not make it legal. These cases also raise civil liability concerns under Colorado's dram shop and social host laws when someone is injured.
Related Charges
Contributing is often filed along with other charges:
- Providing alcohol to a minor under the state liquor laws or a city ordinance
- Drug distribution charges, which carry heavier penalties when a minor is involved. See our drug crimes page.
- Child abuse, if a child was placed in a situation that posed a threat to their life or health
- Sexual offenses, which are charged separately and carry far more serious consequences
- Complicity in the underlying offense, which can make the adult responsible for the crime itself
How the Case Moves Through Court
Second degree contributing cases in El Paso County are heard in El Paso County Court, and first degree cases in El Paso County District Court, both at 270 S. Tejon Street.
Some alcohol-related cases are charged under city ordinance in Colorado Springs Municipal Court. Teller County cases are heard at the Teller County Combined Court in Cripple Creek. We also handle these cases in Pueblo County and Fremont County.
- Investigation. These cases often begin with statements from the minors involved, their parents, or school officials.
- Arrest or summons. The court may issue a protection order barring contact with the child and other witnesses.
- Discovery. Your lawyer obtains police reports, recorded interviews of the minors, messages, and any video.
- Negotiation. Many cases resolve with a deferred judgment, a reduced charge, or a dismissal.
- Trial. If the case does not resolve, a jury decides whether the prosecution has proven every element beyond a reasonable doubt.
How Contributing Charges Are Defended
No lawyer can promise a particular result, but these are the defenses that come up most often.
No Inducement, Aid, or Encouragement
Being at a party where teenagers were drinking, or living in a home where a child made a bad choice, is not the same as encouraging the violation. The prosecution must prove the accused actually did something to bring it about.
Age
The case depends on the person being under 18. Evidence that the person looked older, claimed to be older, or was introduced as an adult can matter, along with the age difference between the parties.
Reliability of the Minors' Statements
Statements from teenagers are often given under pressure from parents, schools, or police, and may shift blame to the oldest person present. Recorded interviews, inconsistencies, and other evidence can undermine those accounts.
The Degree Charged
First degree requires that the child was encouraged to commit a listed felony. When the underlying conduct does not fit that definition, the charge should be second degree at most.
Constitutional Issues
Unlawful searches of a home or phone, and statements taken without proper warnings, can lead to suppression of evidence.
Consequences Beyond the Sentence
- Work with children. Teachers, coaches, childcare workers, and others who work with young people often face employment and licensing consequences. The court must report convictions and deferred sentences of current or former school employees and licensed educators to the Colorado Department of Education.
- Background checks. A conviction involving a minor appears on background checks and can affect volunteer work, adoption, and foster care.
- Family court. A contributing charge can be raised in custody and parenting time disputes.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action.
- Your record. Many second degree convictions and dismissed cases can be sealed after a waiting period. See our record sealing page.
Working With a Colorado Springs Defense Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents adults charged with contributing to the delinquency of a minor, as well as juveniles and families involved in juvenile cases, in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers what happened, the ages and statements of the people involved, any protection order, and the realistic outcomes, including options that protect your job and record.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
Is contributing to the delinquency of a minor a felony in Colorado?
It can be. First degree, which involves encouraging a child to commit a listed felony, is a class 4 felony. Second degree, which covers everything else, is a class 1 misdemeanor.
Can I be charged for letting teenagers drink at my house?
Yes. Providing alcohol to minors or allowing them to drink at your home can lead to contributing charges and alcohol-related charges under state law or city ordinance.
Do I have to know the person was under 18?
The statute defines a child as anyone under 18. What the accused knew or reasonably believed about the person's age is often an important part of the defense and of plea negotiations.
Can a parent be charged with contributing?
Yes. Parents can be charged if they induce, aid, or encourage their own child to violate a law or a court order, including school attendance and juvenile court orders.
Can a contributing charge be sealed?
A dismissed case can usually be sealed, and many second degree convictions can be sealed after a waiting period. Felony convictions and cases involving certain offenses face more restrictions.
Can an 18-year-old be charged for drinking with a 16-year-old friend?
Yes. An adult who helps or encourages someone under 18 to drink can be charged, even if the age difference is small. Those facts often matter in negotiations and sentencing.
Will a contributing charge affect my teaching license?
It can. The court must report convictions, nolo contendere pleas, and deferred sentences of current or former school employees and licensed educators to the Colorado Department of Education, which can review the license.
Sources
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