Child Abuse

Colorado Child Abuse Laws: Understanding CRS § 18-6-401

As Denver child abuse attorneys, our team is committed to helping clients navigate the complex legal landscape surrounding child abuse charges in Colorado. This article provides an overview of Colorado's child abuse laws, penalties, and defense strategies.

  1. What Constitutes Child Abuse in Colorado?

Under Colorado Revised Statute § 18-6-401, child abuse occurs when a person "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."

https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-6-401/

Examples of child abuse may include:

  • Physical or emotional abuse

  • Neglect or endangerment

  • Malnourishment

  • Lack of proper medical care

  • Cruel punishment

  • Driving under the influence with a child in the vehicle

  • Allowing a child's presence near controlled substance manufacturing

    2. Penalties for Child Abuse in Colorado

The severity of penalties for child abuse in Colorado depends on several factors, including:

  • The age of the victim

  • The offender's mental state (knowing, reckless, or negligent)

  • The extent of injury or whether death occurred

Misdemeanor Child Abuse:

  • Up to 364 days in jail and/or fines up to $1,000 for knowing or reckless acts

  • Up to 120 days in jail and/or fines up to $750 for negligent acts

Felony Child Abuse:

  • Class 2 Felony: 1-48 years in prison and/or fines of $5,000-$1,000,000 for knowing or reckless acts resulting in death

  • Class 3 Felony: 10-32 years in prison and/or fines of $3,000-$750,000 for negligent acts resulting in death or knowing/reckless acts causing serious bodily injury

  • Class 4 Felony: 5-16 years in prison and/or fines of $2,000-$500,000 for negligent acts causing serious bodily injury

  • Class 5 Felony: 1-5 years in prison and/or fines of $1,000-$100,000 for repeat offenders or those in a position of trust

    3. Intent in Colorado Child Abuse Cases

The prosecution must prove the defendant's mental state in child abuse cases:

  • Knowing: Awareness of the abusive nature of conduct or circumstances

  • Reckless: Conscious disregard of a substantial risk of harm

  • Negligent: Failure to perceive a substantial risk through gross deviation from reasonable care

    4. Defending Against Child Abuse Charges

As an experienced Colorado child abuse attorney, Grant Grosgebauer understands that false accusations can occur, and seemingly innocent situations can be misinterpreted. Possible defense strategies may include:

  • Proving the incident was an accident

  • Breaking the chain of causation or challenging cause of death

  • Establishing a legitimate medical purpose for the behavior

  • Arguing another person breached a duty of care

Child abuse charges in Colorado carry severe consequences, including substantial fines, lengthy prison sentences, and potential loss of child custody. If you're facing child abuse allegations in Denver or throughout Colorado, it's crucial to seek experienced legal representation immediately.

Our team is dedicated to protecting your rights and building a strong defense against child abuse charges. Contact our Denver office today for a confidential consultation and learn how we can help you navigate this challenging legal situation.