Colorado criminal charge
Child abuse in Colorado
Current through 2026 Colorado legislative session
Child abuse is a criminal offense under Colorado law, defined by C.R.S. § 18-6-401. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-6-401.
What is the penalty for child abuse in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 8 years to 24 years (Child abuse resulting in death — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in death to the child, unless the position-of-trust first-degree murder provision applies.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Child abuse resulting in death — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in death to the child, unless the position-of-trust first-degree murder provision applies.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Child abuse resulting in death — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in death to the child, unless the position-of-trust first-degree murder provision applies.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Child abuse resulting in death — criminal negligence — A person acts with criminal negligence and the child abuse results in death to the child.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Child abuse resulting in death — criminal negligence — A person acts with criminal negligence and the child abuse results in death to the child.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Child abuse resulting in death — criminal negligence — A person acts with criminal negligence and the child abuse results in death to the child.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Child abuse resulting in serious bodily injury — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Child abuse resulting in serious bodily injury — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Child abuse resulting in serious bodily injury — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Child abuse resulting in serious bodily injury — criminal negligence — A person acts with criminal negligence and the child abuse results in serious bodily injury to the child.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Child abuse resulting in serious bodily injury — criminal negligence — A person acts with criminal negligence and the child abuse results in serious bodily injury to the child.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Child abuse resulting in serious bodily injury — criminal negligence — A person acts with criminal negligence and the child abuse results in serious bodily injury to the child.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (no statutory minimum) (Child abuse resulting in injury other than serious bodily injury — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Child abuse resulting in injury other than serious bodily injury — knowing or reckless — A person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Child abuse resulting in injury other than serious bodily injury — knowing or reckless, repeat offender aggravating circumstances — The offense described in (7)(a)(V) is committed under the aggravating circumstances described in (7)(e).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Child abuse resulting in injury other than serious bodily injury — knowing or reckless, repeat offender aggravating circumstances — The offense described in (7)(a)(V) is committed under the aggravating circumstances described in (7)(e).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Child abuse resulting in injury other than serious bodily injury — knowing or reckless, repeat offender aggravating circumstances — The offense described in (7)(a)(V) is committed under the aggravating circumstances described in (7)(e).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Child abuse resulting in injury other than serious bodily injury — criminal negligence — A person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Child abuse resulting in injury other than serious bodily injury — criminal negligence — A person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Child abuse resulting in injury other than serious bodily injury — criminal negligence, repeat offender aggravating circumstances — The offense described in (7)(a)(VI) is committed under the aggravating circumstances described in (7)(e).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Child abuse resulting in injury other than serious bodily injury — criminal negligence, repeat offender aggravating circumstances — The offense described in (7)(a)(VI) is committed under the aggravating circumstances described in (7)(e).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Child abuse resulting in injury other than serious bodily injury — criminal negligence, repeat offender aggravating circumstances — The offense described in (7)(a)(VI) is committed under the aggravating circumstances described in (7)(e).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Child abuse with no death or injury — knowing or reckless — A person acts knowingly or recklessly in an act of child abuse where no death or injury results, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Child abuse with no death or injury — knowing or reckless — A person acts knowingly or recklessly in an act of child abuse where no death or injury results, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Child abuse with no death or injury — knowing or reckless, repeat offender aggravating circumstances — The offense described in (7)(b)(I) is committed under the aggravating circumstances described in (7)(e).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Child abuse with no death or injury — knowing or reckless, repeat offender aggravating circumstances — The offense described in (7)(b)(I) is committed under the aggravating circumstances described in (7)(e).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Child abuse with no death or injury — knowing or reckless, repeat offender aggravating circumstances — The offense described in (7)(b)(I) is committed under the aggravating circumstances described in (7)(e).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Child abuse with no death or injury — criminal negligence — A person acts with criminal negligence in an act of child abuse where no death or injury results, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Child abuse with no death or injury — criminal negligence — A person acts with criminal negligence in an act of child abuse where no death or injury results, absent the circumstances in (7)(e).) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Child abuse with no death or injury — criminal negligence, repeat offender aggravating circumstances — The offense described in (7)(b)(II) is committed under the aggravating circumstances described in (7)(e).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Child abuse with no death or injury — criminal negligence, repeat offender aggravating circumstances — The offense described in (7)(b)(II) is committed under the aggravating circumstances described in (7)(e).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Child abuse with no death or injury — criminal negligence, repeat offender aggravating circumstances — The offense described in (7)(b)(II) is committed under the aggravating circumstances described in (7)(e).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Child abuse via drug manufacture/precursor possession in presence of child — A person commits child abuse as described in subsection (1)(c), involving manufacture or attempted manufacture of a controlled substance or possession of precursor chemicals in the presence of, or on premises/vehicle with, a child.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Child abuse via drug manufacture/precursor possession in presence of child — A person commits child abuse as described in subsection (1)(c), involving manufacture or attempted manufacture of a controlled substance or possession of precursor chemicals in the presence of, or on premises/vehicle with, a child.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Child abuse via drug manufacture/precursor possession in presence of child — A person commits child abuse as described in subsection (1)(c), involving manufacture or attempted manufacture of a controlled substance or possession of precursor chemicals in the presence of, or on premises/vehicle with, a child.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is child abuse classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Child abuse resulting in death — knowing or reckless | class 2 felony | A person acts knowingly or recklessly and the child abuse results in death to the child, unless the position-of-trust first-degree murder provision applies. | 18-6-401(7)(a)(I) |
| Child abuse resulting in death — criminal negligence | class 3 felony | A person acts with criminal negligence and the child abuse results in death to the child. | 18-6-401(7)(a)(II) |
| Child abuse resulting in serious bodily injury — knowing or reckless | class 3 felony | A person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child. | 18-6-401(7)(a)(III) |
| Child abuse resulting in serious bodily injury — criminal negligence | class 4 felony | A person acts with criminal negligence and the child abuse results in serious bodily injury to the child. | 18-6-401(7)(a)(IV) |
| Child abuse resulting in injury other than serious bodily injury — knowing or reckless | class 1 misdemeanor | A person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, absent the circumstances in (7)(e). | 18-6-401(7)(a)(V) |
| Child abuse resulting in injury other than serious bodily injury — knowing or reckless, repeat offender aggravating circumstances | class 5 felony | The offense described in (7)(a)(V) is committed under the aggravating circumstances described in (7)(e). | 18-6-401(7)(a)(V) |
| Child abuse resulting in injury other than serious bodily injury — criminal negligence | class 2 misdemeanor | A person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury, absent the circumstances in (7)(e). | 18-6-401(7)(a)(VI) |
| Child abuse resulting in injury other than serious bodily injury — criminal negligence, repeat offender aggravating circumstances | class 5 felony | The offense described in (7)(a)(VI) is committed under the aggravating circumstances described in (7)(e). | 18-6-401(7)(a)(VI) |
| Child abuse with no death or injury — knowing or reckless | class 2 misdemeanor | A person acts knowingly or recklessly in an act of child abuse where no death or injury results, absent the circumstances in (7)(e). | 18-6-401(7)(b)(I) |
| Child abuse with no death or injury — knowing or reckless, repeat offender aggravating circumstances | class 5 felony | The offense described in (7)(b)(I) is committed under the aggravating circumstances described in (7)(e). | 18-6-401(7)(b)(I) |
| Child abuse with no death or injury — criminal negligence | class 2 misdemeanor | A person acts with criminal negligence in an act of child abuse where no death or injury results, absent the circumstances in (7)(e). | 18-6-401(7)(b)(II) |
| Child abuse with no death or injury — criminal negligence, repeat offender aggravating circumstances | class 5 felony | The offense described in (7)(b)(II) is committed under the aggravating circumstances described in (7)(e). | 18-6-401(7)(b)(II) |
| Child abuse via drug manufacture/precursor possession in presence of child | class 3 felony | A person commits child abuse as described in subsection (1)(c), involving manufacture or attempted manufacture of a controlled substance or possession of precursor chemicals in the presence of, or on premises/vehicle with, a child. | 18-6-401(7)(d) |
Common questions about child abuse in Colorado
Is child abuse a felony or a misdemeanor in Colorado?
It depends on the circumstances: child abuse ranges from a class 2 misdemeanor to a class 2 felony in Colorado under C.R.S. § 18-6-401.
Child abuse resulting in death — knowing or reckless: class 2 felony (C.R.S. § 18-6-401(7)(a)(I)) · Child abuse resulting in death — criminal negligence: class 3 felony (C.R.S. § 18-6-401(7)(a)(II)) · Child abuse resulting in serious bodily injury — knowing or reckless: class 3 felony (C.R.S. § 18-6-401(7)(a)(III)) · Child abuse resulting in serious bodily injury — criminal negligence: class 4 felony (C.R.S. § 18-6-401(7)(a)(IV)) · Child abuse resulting in injury other than serious bodily injury — knowing or reckless: class 1 misdemeanor (C.R.S. § 18-6-401(7)(a)(V)) · Child abuse resulting in injury other than serious bodily injury — knowing or reckless, repeat offender aggravating circumstances: class 5 felony (C.R.S. § 18-6-401(7)(a)(V)) · Child abuse resulting in injury other than serious bodily injury — criminal negligence: class 2 misdemeanor (C.R.S. § 18-6-401(7)(a)(VI)) · Child abuse resulting in injury other than serious bodily injury — criminal negligence, repeat offender aggravating circumstances: class 5 felony (C.R.S. § 18-6-401(7)(a)(VI)) · Child abuse with no death or injury — knowing or reckless: class 2 misdemeanor (C.R.S. § 18-6-401(7)(b)(I)) · Child abuse with no death or injury — knowing or reckless, repeat offender aggravating circumstances: class 5 felony (C.R.S. § 18-6-401(7)(b)(I)) · Child abuse with no death or injury — criminal negligence: class 2 misdemeanor (C.R.S. § 18-6-401(7)(b)(II)) · Child abuse with no death or injury — criminal negligence, repeat offender aggravating circumstances: class 5 felony (C.R.S. § 18-6-401(7)(b)(II)) · Child abuse via drug manufacture/precursor possession in presence of child: class 3 felony (C.R.S. § 18-6-401(7)(d))
What are the penalties for child abuse in Colorado?
Penalties for child abuse in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers child abuse?
Child abuse is governed by C.R.S. § 18-6-401 (Child abuse - definition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.