Colorado criminal charge
Unlawful termination of pregnancy in the second degree in Colorado
Unlawful termination of pregnancy in the second degree is a criminal offense under Colorado law, defined by C.R.S. § 18-3.5-104. 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. § 18-3.5-104.
What is the penalty for unlawful termination of pregnancy in the second degree in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Unlawful termination of pregnancy in the second degree — standard — Applies except when the heat of passion circumstances described in (2)(b) are present.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Unlawful termination of pregnancy in the second degree — standard — Applies except when the heat of passion circumstances described in (2)(b) are present.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Unlawful termination of pregnancy in the second degree — standard — Applies except when the heat of passion circumstances described in (2)(b) are present.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Unlawful termination of pregnancy in the second degree — heat of passion — Applies when the act causing the termination was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite irresistible passion in a reasonable person, with no sufficient cooling-off interval.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Unlawful termination of pregnancy in the second degree — heat of passion — Applies when the act causing the termination was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite irresistible passion in a reasonable person, with no sufficient cooling-off interval.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Unlawful termination of pregnancy in the second degree — heat of passion — Applies when the act causing the termination was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite irresistible passion in a reasonable person, with no sufficient cooling-off interval.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is unlawful termination of pregnancy in the second degree classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful termination of pregnancy in the second degree — standard | class 4 felony | Applies except when the heat of passion circumstances described in (2)(b) are present. | 18-3.5-104(2)(a) |
| Unlawful termination of pregnancy in the second degree — heat of passion | class 5 felony | Applies when the act causing the termination was performed in a sudden heat of passion caused by a serious and highly provoking act of the victim, sufficient to excite irresistible passion in a reasonable person, with no sufficient cooling-off interval. | 18-3.5-104(2)(b) |
Common questions about unlawful termination of pregnancy in the second degree in Colorado
Is unlawful termination of pregnancy in the second degree a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful termination of pregnancy in the second degree ranges from a class 5 felony to a class 4 felony in Colorado under C.R.S. § 18-3.5-104.
Unlawful termination of pregnancy in the second degree — standard: class 4 felony (C.R.S. § 18-3.5-104(2)(a)) · Unlawful termination of pregnancy in the second degree — heat of passion: class 5 felony (C.R.S. § 18-3.5-104(2)(b))
What are the penalties for unlawful termination of pregnancy in the second degree in Colorado?
Penalties for unlawful termination of pregnancy in the second degree in Colorado depend on how it is classified — from a class 5 felony up to a class 4 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 unlawful termination of pregnancy in the second degree?
Unlawful termination of pregnancy in the second degree is governed by C.R.S. § 18-3.5-104 (Unlawful termination of pregnancy in the second degree).
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.