Colorado criminal charge
Unlawful termination of pregnancy in the fourth degree in Colorado
Unlawful termination of pregnancy in the fourth degree is a criminal offense under Colorado law, defined by C.R.S. § 18-3.5-106. 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. § 18-3.5-106.
What is the penalty for unlawful termination of pregnancy in the fourth degree in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Unlawful termination of pregnancy in the fourth degree — base offense — Applies when a person recklessly causes the unlawful termination of a pregnancy, knowing or reasonably should have known the woman was pregnant.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Unlawful termination of pregnancy in the fourth degree — base offense — Applies when a person recklessly causes the unlawful termination of a pregnancy, knowing or reasonably should have known the woman was pregnant.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Unlawful termination of pregnancy in the fourth degree — base offense — Applies when a person recklessly causes the unlawful termination of a pregnancy, knowing or reasonably should have known the woman was pregnant.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Unlawful termination of pregnancy in the fourth degree — during commission of enumerated felony — Applies when the pregnancy of a woman, other than a participant in the crime, is unlawfully terminated during the commission, attempted commission, or flight from murder, first or second degree assault, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, prior sexual assault offenses, or class 3 felony sexual assault on a child, but only if the person is a principal in the criminal act.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Unlawful termination of pregnancy in the fourth degree — during commission of enumerated felony — Applies when the pregnancy of a woman, other than a participant in the crime, is unlawfully terminated during the commission, attempted commission, or flight from murder, first or second degree assault, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, prior sexual assault offenses, or class 3 felony sexual assault on a child, but only if the person is a principal in the criminal act.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Unlawful termination of pregnancy in the fourth degree — during commission of enumerated felony — Applies when the pregnancy of a woman, other than a participant in the crime, is unlawfully terminated during the commission, attempted commission, or flight from murder, first or second degree assault, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, prior sexual assault offenses, or class 3 felony sexual assault on a child, but only if the person is a principal in the criminal act.; 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 fourth degree classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful termination of pregnancy in the fourth degree — base offense | class 6 felony | Applies when a person recklessly causes the unlawful termination of a pregnancy, knowing or reasonably should have known the woman was pregnant. | 18-3.5-106(2)(a) |
| Unlawful termination of pregnancy in the fourth degree — during commission of enumerated felony | class 5 felony | Applies when the pregnancy of a woman, other than a participant in the crime, is unlawfully terminated during the commission, attempted commission, or flight from murder, first or second degree assault, robbery, arson, burglary, escape, first degree kidnapping, sexual assault, prior sexual assault offenses, or class 3 felony sexual assault on a child, but only if the person is a principal in the criminal act. | 18-3.5-106(2)(b) |
Common questions about unlawful termination of pregnancy in the fourth degree in Colorado
Is unlawful termination of pregnancy in the fourth degree a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful termination of pregnancy in the fourth degree ranges from a class 6 felony to a class 5 felony in Colorado under C.R.S. § 18-3.5-106.
Unlawful termination of pregnancy in the fourth degree — base offense: class 6 felony (C.R.S. § 18-3.5-106(2)(a)) · Unlawful termination of pregnancy in the fourth degree — during commission of enumerated felony: class 5 felony (C.R.S. § 18-3.5-106(2)(b))
What are the penalties for unlawful termination of pregnancy in the fourth degree in Colorado?
Penalties for unlawful termination of pregnancy in the fourth degree in Colorado depend on how it is classified — from a class 6 felony up to a class 5 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 fourth degree?
Unlawful termination of pregnancy in the fourth degree is governed by C.R.S. § 18-3.5-106 (Unlawful termination of pregnancy in the fourth 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.