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I was 28 when I got pregnant by a 17 year old, which he said he was 19. Now I'm 32 am I still able to get in trouble?

Denver, CO |

I want to go to court to file for full custody, but dont want it to flip around and me end up in trouble. Could anyone please help.

Attorney Answers 3

Posted

The normal statute of limitations for a felony is 3 years from the date of offense. However, there can be circumstances that can impact that. My expectation is that you would have been charged a long time ago if the DA intended to do so. So, I would contact a family law attorney here to file a Petition for Allocation of Parenting Responsibilities and Child Support and who also knows criminal defense law. Many of us offer either free or discounted initial consultations.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

Doubtful. A criminal action should be barred by the statute of limitations by now. To be safe ask a Colorado lawyer.

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Posted

Felony sex assault on a child has no statute of limitations. Misdemeanor sex assault has a limitation period of 6 years. However, if the father was 17 when you had consensual sex then it is not a crime in Colorado unless you were in a position of trust (such as a guardian, teacher, coach, etc) or closely related to him.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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2 comments

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

However, it sounds like she was 10 years older than the child at the time of having sexual intercourse.

Stephen Clark Harkess

Stephen Clark Harkess

Posted

That would make it a misdemeanor if the child was under 17. A felony if under 15. If the child was actually 17 then it is only illegal if in a position of trust.

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