CRS § 18-6-401 – Child Abuse – Colorado Laws & Penalties

Under Colorado CRS § 18-6-401, a person commits child abuse when he or she “causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.”

• If no serious injury results, child abuse is a misdemeanor carrying up to 364 days in jail and/or $1,000 in fines.
• Otherwise, child abuse is a felony carrying 2 to 16 years in prison and/or $2,000 to $750,000 in fines.

To help you better understand Colorado’s child abuse laws, our top Denver Colorado criminal defense lawyers discuss the following, below:

• 1. What acts constitute Colorado child abuse?
• 2. What are the penalties under CRS 18-6-401?
• 3. Is abusing a child an intent crime in Colorado?
• 4. What is the best way to fight the charges?
• How To Report Child Abuse
• Additional Reading

A charge of child abuse is a Colorado misdemeanor if: 1) the child sustains no serious injuries, and 2) the abuser has no prior convictions.

1. What acts constitute Colorado child abuse?

Acts considered child abuse under Colorado Revised Statute 18-6-401 CRS include (but are not limited to):

• Causing an injury to the child’s life or the health of the child, such as physical abuse or emotional abuse;
• Permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health;
• Engaging in a continued pattern of conduct that results in:
  • malnourishment,
  • lack of proper medical care,
  • cruel punishment,
  • mistreatment, or
  • an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child;

  For you to be convicted of child abuse in Colorado, prosecutors must prove either of the following criminal elements beyond a reasonable doubt:

  • you caused an injury to a child’s life or health,
  • you permitted a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or
  • you engaged in a continued pattern of conduct that resulted in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately resulted in the death of a child or serious bodily injury to a child.

  2. What are the penalties under CRS 18-6-401?

  The consequences of Colorado child abuse vary widely, depending on:

  • The age of the victim,
  • Whether you acted knowingly, recklessly or negligently, and
  • Whether the abuse resulted in injury or death.

  Abusing a child is also an extraordinary risk crime, which carries heftier penalties.

  From most to least serious, the possible Colorado child abuse crimes and penalties are:

  First-degree Murder

  Child abuse is murder in the first degree in Colorado if:

  • The child was under 12 years of age,
  • You were in a position of trust with respect to the child, and
  • You knowingly caused the child’s death.

  The penalty for Colorado first-degree murder is:

  • life imprisonment

  Death of a Child

  If you acted knowingly or recklessly, child abuse that results in death is a Colorado class 2 felony. Consequences of felony child abuse resulting in death can include this sentencing range:

  • 8-24 years in prison, and/or
  • A fine of $5,000-$1,000,000.

  If you acted negligently, it is a Colorado class 3 felony. Penalties for negligent child abuse resulting in the child’s death can include:

  • 4-16 years in prison, and/or
  • A fine of $3,000-$750,000.

  Serious Bodily Injury

  When a person acts knowingly or recklessly, and child abuse results in serious bodily injury, the district attorney charges such a person with class 3 felony child abuse.

  • 4-16 years in prison, and/or
  • A fine of $3,000-$750,000.

  If you acted with criminal negligence, however, and the child was seriously injured, it is a Colorado class 4 felony. Consequences of negligent felony child abuse in Colorado include:

  • 2-8 years in prison, and/or
  • A fine of $2,000-$500,000.

  Minor or No Injury with a Prior Child Abuse Conviction

  An instance of child abuse that would otherwise be a misdemeanor can become a Colorado class 5 felony. This can happen when:

  • you have a prior conviction for abuse of a minor in any state or territory of the United States,
  • you are in a position of trust in relation to the child, and
    • you participate in a continued pattern of conduct that results in the child’s malnourishment;
    • you fail to ensure the child’s access to proper medical care;
    • you participate in a continued pattern of cruel punishment or unreasonable isolation or confinement of the child;
    • you make repeated threats of harm or death to the child or to a significant person in the child’s life in the presence of the child;
    • you commit a continued pattern of acts of domestic violence in the presence of the child; or
    • you participate in a continued pattern of extreme deprivation of hygienic or sanitary conditions in the child’s daily living environment.

    Colorado class 5 felony child abuse penalties include:

    • 1-5 years in prison, and/or
    • A fine of $1,000-$100,000.

    Minor or No Injury

    Other than as set forth above, child abuse that does not result in death or serious bodily injury is a misdemeanor.

    If you acted knowingly or recklessly, misdemeanor minor abuse penalties can include:

    • Up to 364 days in jail, and/or
    • Up to $1,000 in fines.

    If you acted with criminal negligence, the consequences are:

    • Up to 120 days in jail, and/or
    • Up to $750 in fines.

    Note that defendants may face civil liability in addition to criminal liability. The custody of a child may also be jeopardized by charges of abuse of a minor.

    

    Any cruel punishment qualifies as an act of child abuse under CRS 18-6-401, such as withholding food and causing malnourishment.

    3. Is abusing a child an intent crime in Colorado?

    It depends on the type of abuse.

    Knowing Abuse of a Child

    You “knowingly” commit the crime of child abuse when you are generally aware of:

    • the abusive nature of your conduct in relation to the child, or
    • the circumstances in which you commit an act against the well-being of the child. 1

    Reckless Abuse of a Child

    You act recklessly when you are aware of and consciously choose to disregard a substantial and unjustifiable risk that your conduct could result in injury to a child’s life or health. 2

    Negligent Abuse of Child

    You act with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, you fail to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. 3

    Position of Trust

    For purposes of Colorado’s child abuse law, you are in a position of trust with respect to a child if at the time of the unlawful act you are responsible for a child’s

    • physical and mental health,
    • education,
    • welfare, or
    • supervision, no matter how briefly. 4

    People in a position of trust can include (without limitation) the child’s:

    • parent,
    • foster parent,
    • legal guardian,
    • teacher,
    • counselor,
    • day care supervisors,
    • doctor or health care professional, and
    • baby sitters. 5

    Note that all co-conspirators to alleged abuse of a minor face criminal charges, even if some were more involved than others.

    4. What is the best way to fight the charges?

    Abuse of a minor charges can result in serious criminal penalties, including heavy fines and many years in Colorado prison. At the very least, you face jail time and significant monitoring as well as the possible loss of your child.

    Our Colorado domestic violence lawyers understand that accidents happen. People can misinterpret a situation. As a result, innocent people get accused of abuse of a minor. Or perhaps you were acting in self-defense. Perhaps there was a legitimate medical purpose. Or maybe law enforcement entrapped you (which is an affirmative defense, putting the burden on the D.A. to prove you the police did not unlawfully trick you).

    Or maybe you just lost your cool and regret it and what you really need are coping tools to be a child’s parent – not prison or jail time. 6

    How To Report Child Abuse

    If you are someone you know is in immediate danger, contact 911 or the Colorado Child Abuse and Neglect Hotline Reporting System at 844-CO-4-Kids.

    You can also find help and information at:

    • Commercial Sexual Exploitation of Children – Colorado Children’s Alliance.
    • Reporting Child Abuse – Innocent Lives Foundation
    • ChildAbuse.com – Another resource page with articles and links for the prevention of child abuse.
    • National Center on Shaken Baby Syndrome – Information about SBS.

    Additional Reading

    For more in-depth information, refer to these scholarly articles:

    • Child Abuse: An Overview – Creighton Law Review.
    • Child Abuse As Slavery: A Thirteenth Amendment Response to DeShaney – Harvard Law Review.
    • Prosecution of Child Abuse: A Meta-Analysis of Rates of Criminal Justice Decisions – Trauma, Violence & Abuse.
    • Criminal Investigations of Child Abuse: The Research Behind “Best Practices” – Trauma, Violence & Abuse.
    • Child Abuse, Neglect, and Violent Criminal Behavior – Criminology.

    Legal references:

    1. People v. Noble, 1981, 635 P.2d 203.
    2. People v. Deskins, 1996, 927 P.2d 368, rehearing denied
    3. 18-1-501(3), C.R.S.
    4. 18-3-401(3.5), C.R.S.
    5. Same. See also People v. Roggow, 2013, 318 P.3d 446, rehearing denied.
    6. Note that penalties for class 1 and 2 misdemeanors changed on March 1, 2022. SB21-271. See also People v. Archer, (Colorado Court of Appeals, 2022) COA 71.