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Colorado criminal charge

Unlawful termination of pregnancy in the first degree in Colorado

Current through 2026 Colorado legislative session

Unlawful termination of pregnancy in the first degree is a criminal offense under Colorado law, defined by C.R.S. § 18-3.5-103. 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. § 18-3.5-103.

What is the penalty for unlawful termination of pregnancy in the first degree in Colorado?

Penalties for Unlawful termination of pregnancy in the first degree
PenaltyRangeBasisAuthority
Jail / prison4 years to 12 years (Unlawful termination of pregnancy in the first degree — standard — Applies when the unlawful termination of pregnancy occurs without the death of the woman.)presumptiveC.R.S. § 18-1.3-401
Fine3000 usd to 750000 usd (Unlawful termination of pregnancy in the first degree — standard — Applies when the unlawful termination of pregnancy occurs without the death of the woman.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Unlawful termination of pregnancy in the first degree — standard — Applies when the unlawful termination of pregnancy occurs without the death of the woman.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison8 years to 24 years (Unlawful termination of pregnancy in the first degree — resulting in death — Applies when the woman dies as a result of the unlawful termination of her pregnancy.)presumptiveC.R.S. § 18-1.3-401
Fine5000 usd to 1000000 usd (Unlawful termination of pregnancy in the first degree — resulting in death — Applies when the woman dies as a result of the unlawful termination of her pregnancy.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Unlawful termination of pregnancy in the first degree — resulting in death — Applies when the woman dies as a result of the unlawful termination of her pregnancy.; mandatory parole (5 years if crime of violence))mandatoryC.R.S. § 18-1.3-401

Applies to offenses on/after 2018-07-01.

How is unlawful termination of pregnancy in the first degree classified in Colorado?

The classification depends on the circumstances:

Classification variants for Unlawful termination of pregnancy in the first degree
VariantClassificationWhen it appliesStatute
Unlawful termination of pregnancy in the first degree — standardclass 3 felonyApplies when the unlawful termination of pregnancy occurs without the death of the woman.18-3.5-103(2)
Unlawful termination of pregnancy in the first degree — resulting in deathclass 2 felonyApplies when the woman dies as a result of the unlawful termination of her pregnancy.18-3.5-103(2)

Common questions about unlawful termination of pregnancy in the first degree in Colorado

Is unlawful termination of pregnancy in the first degree a felony or a misdemeanor in Colorado?

It depends on the circumstances: unlawful termination of pregnancy in the first degree ranges from a class 3 felony to a class 2 felony in Colorado under C.R.S. § 18-3.5-103.

Unlawful termination of pregnancy in the first degree — standard: class 3 felony (C.R.S. § 18-3.5-103(2)) · Unlawful termination of pregnancy in the first degree — resulting in death: class 2 felony (C.R.S. § 18-3.5-103(2))

What are the penalties for unlawful termination of pregnancy in the first degree in Colorado?

Penalties for unlawful termination of pregnancy in the first 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 unlawful termination of pregnancy in the first degree?

Unlawful termination of pregnancy in the first degree is governed by C.R.S. § 18-3.5-103 (Unlawful termination of pregnancy in the first 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.