Colorado criminal charge
Murder in the second degree in Colorado
Murder in the second degree is a criminal offense under Colorado law, defined by C.R.S. § 18-3-103. 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. § 18-3-103.
What is the penalty for murder in the second degree in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 8 years to 24 years (Second degree murder - standard — Applies to murder in the second degree generally, except where the sudden heat of passion provision in (3)(b) applies.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $5,000 to $1,000,000 (Second degree murder - standard — Applies to murder in the second degree generally, except where the sudden heat of passion provision in (3)(b) applies.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree murder - standard — Applies to murder in the second degree generally, except where the sudden heat of passion provision in (3)(b) applies.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Second degree murder - heat of passion — Applies where the killing was performed upon a sudden heat of passion caused by a serious and highly provoking act of the victim sufficient to excite an irresistible passion in a reasonable person, with no sufficient cooling-off interval.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Second degree murder - heat of passion — Applies where the killing was performed upon a sudden heat of passion caused by a serious and highly provoking act of the victim sufficient to excite an irresistible passion in a reasonable person, with no sufficient cooling-off interval.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree murder - heat of passion — Applies where the killing was performed upon a sudden heat of passion caused by a serious and highly provoking act of the victim sufficient to excite an irresistible passion in a reasonable person, with no sufficient cooling-off interval.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Second degree murder - heat of passion killing with cooling-off interval — Applies where, between the provocation and the killing, there was an interval sufficient for the voice of reason and humanity to be heard, making the killing a class 2 felony despite provocation.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $5,000 to $1,000,000 (Second degree murder - heat of passion killing with cooling-off interval — Applies where, between the provocation and the killing, there was an interval sufficient for the voice of reason and humanity to be heard, making the killing a class 2 felony despite provocation.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree murder - heat of passion killing with cooling-off interval — Applies where, between the provocation and the killing, there was an interval sufficient for the voice of reason and humanity to be heard, making the killing a class 2 felony despite provocation.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is murder in the second degree classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second degree murder - standard | Class 2 Felony | Applies to murder in the second degree generally, except where the sudden heat of passion provision in (3)(b) applies. | 18-3-103(3)(a) |
| Second degree murder - heat of passion | Class 3 Felony | Applies where the killing was performed upon a sudden heat of passion caused by a serious and highly provoking act of the victim sufficient to excite an irresistible passion in a reasonable person, with no sufficient cooling-off interval. | 18-3-103(3)(b) |
| Second degree murder - heat of passion killing with cooling-off interval | Class 2 Felony | Applies where, between the provocation and the killing, there was an interval sufficient for the voice of reason and humanity to be heard, making the killing a class 2 felony despite provocation. | 18-3-103(3)(b) |
Common questions about murder in the second degree in Colorado
Is murder in the second degree a felony or a misdemeanor in Colorado?
It depends on the circumstances: murder in the second degree ranges from a Class 3 Felony to a Class 2 Felony in Colorado under C.R.S. § 18-3-103.
Second degree murder - standard: Class 2 Felony (C.R.S. § 18-3-103(3)(a)) · Second degree murder - heat of passion: Class 3 Felony (C.R.S. § 18-3-103(3)(b)) · Second degree murder - heat of passion killing with cooling-off interval: Class 2 Felony (C.R.S. § 18-3-103(3)(b))
What are the penalties for murder in the second degree in Colorado?
Penalties for murder in the second degree in Colorado depend on how it is classified — from a Class 3 Felony up to a Class 2 Felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers murder in the second degree?
Murder in the second degree is governed by C.R.S. § 18-3-103 (Murder in the second degree - definitions).
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.