Colorado Manslaughter Laws
By Susan Buckner, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed June 18, 2025
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Manslaughter in Colorado is defined as recklessly causing the death of another person without intent or premeditation. This legal concept aligns with what some other states classify as "voluntary manslaughter." Colorado law does not differentiate between voluntary and involuntary manslaughter, but rather categorizes similar offenses under manslaughter, criminally negligent homicide, and vehicular homicide.
Colorado law does not have "voluntary" and "involuntary" manslaughter charges like those used in many states. Instead, Colorado divides homicide into first- and second-degree murder, manslaughter, and criminally negligent homicide.
In Colorado, the crime of manslaughter is recklessly causing the death of another human being without intent. This is comparable to what other states call "voluntary manslaughter."
Although Colorado doesn't use the term "involuntary manslaughter," the state's criminal code does recognize similar crimes:
- Criminally negligent homicide: Accidental deaths where defendants fail to recognize a substantial risk of death or injury ("criminal negligence")
- Vehicular homicide: Reckless driving that causes the death of another person
This article explains these charges, including the possible penalties for conviction and common defenses.
Colorado Manslaughter Laws
Colorado criminal law has three statutes that are similar to voluntary/involuntary manslaughter in other states. In general, manslaughter covers deaths that occur when a person fails to exercise the level of care that a reasonable person would use in a similar situation. If a death results, the individual is criminally responsible for the victim’s death.
Manslaughter
Manslaughter in Colorado involves recklessly causing the death of another person. The state does not have to prove that the defendant intended to kill the victim, only that they were aware their conduct carried an unjustifiable risk of death.
Playing Russian roulette is an example of reckless behavior that can result in manslaughter charges. The individuals playing may not intend for anyone to die, but since there is an unjustifiable risk, if someone dies as a result, the remaining players may face manslaughter charges.
Colorado’s “End of Life Options” Act allows terminally ill patients to request medication to end their lives under certain conditions. Any other type of assisted suicide is unlawful and considered manslaughter.
Criminally Negligent Homicide
Criminal negligence is any gross deviation from a standard of care resulting in death. It can also include failing to realize that an act carries a substantial risk to human life.
So, killing someone while playing Russian roulette is manslaughter. Playing Russian roulette because you believe there are no bullets in the gun, but you didn't check to make sure, might qualify as criminally negligent homicide.
Vehicular Homicide
Reckless driving that results in the death of another person, including drunk driving and driving while impaired, is vehicular homicide. It is a “strict liability” crime. The prosecution does not have to prove the defendant was driving recklessly, only that their intoxication was the proximate cause of the accident.
In a vehicular homicide DUI/DWAI, the legality or prescribed use of a drug is not a defense to the crime.
Penalties
Due to changes to the Colorado Revised Statutes (CRS), penalties for violent crimes and felonies depend on when the defendant committed the crime. The penalties shown here are for crimes committed after July 2020. Manslaughter has a six-year statute of limitations. Murder does not, so a defendant charged with murder could face manslaughter charges as a lesser included offense.
Manslaughter is a Class 4 felony. Class 4 felonies are punishable by two to six years’ imprisonment, followed by three years’ mandatory parole.
Criminally negligent homicide is a Class 5 felony, punishable by one to three years’ imprisonment and two years’ mandatory parole.
The court may increase the sentences for manslaughter and criminal negligence in cases where the defendant:
- Committed a sexual assault or other sexual crime
- Have committed multiple offenses
- Is a "habitual offender"
- Was in a position of trust over the victim
A judge can determine other aggravating circumstances that might affect the sentence based on the facts of the case.
Reckless vehicular homicide is a Class 4 felony. Vehicular homicide by DUI/DWAI is a Class 3 felony with a sentence of three to 12 years’ imprisonment and three years’ mandatory probation.
In a case of vehicular homicide, driving under the influence of alcohol is not always proof of impairment. The defendant’s blood alcohol concentration (BAC) is necessary to establish the driver’s level of intoxication:
- 0.05 or lower: Presumptively unimpaired
- 0.05-0.08: Prosecution can use the blood test as evidence
- 0.08 or higher: Presumptively impaired
The presence of any illegal narcotic can also be used as evidence of impairment. A blood level of 5 nanograms of THC is presumptive for impairment due to marijuana use.
Defenses
Other homicide charges may include manslaughter as a “lesser included offense.” In other words, a prosecutor may charge a second-degree murder suspect with manslaughter if they believe they may not get a conviction on the murder charge.
With any homicide case, the prosecution must show that the defendant committed the crime beyond a reasonable doubt. The defendant does not need to prove their innocence.
But in most cases, a defendant will want to either argue there is reasonable doubt or that they have an affirmative defense, meaning they committed the crime but were legally justified. If they pursue an affirmative defense, the prosecution must then disprove it beyond a reasonable doubt.
Self-Defense
Colorado’s self-defense laws allow a person to use any force up to and including lethal force in defense of themselves, a third person, or their home. The defendant must show they reasonably believed that they used force proportional to that used against them.
In a manslaughter case, defendants must show their use of force was not reckless or presented an unreasonable risk of death to the victim. For instance, people can have alarms and motion sensors on their property. Booby traps, on the other hand, display an extreme indifference to human life so they are not permitted for self-defense purposes.
Accident
In a manslaughter case, the defendant has acted in a reckless manner or ignored reasonable safeguards that could have prevented death. However, accidents do happen. If the defendant can show that they took all reasonable precautions, they may avoid a manslaughter conviction.
For instance, hunters should wear orange vests and caps, stay in contact with one another, and never fire on targets if they know their partner is downrange. If someone gets shot under these conditions, it is a tragic accident, but likely not manslaughter.
Get Legal Advice from a Colorado Criminal Defense Attorney
Manslaughter is a serious criminal charge and needs a strong legal defense. It is often part of a second-degree murder case or other criminal cases. If you or a loved one faces a manslaughter charge, contact an experienced Colorado criminal defense lawyer right away. They can protect your rights and help you build a stronger defense.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Colorado attorneys offer free consultations.
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