Murder in Colorado law

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Murder in Colorado law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Colorado.

Contents

The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate somewhat below the median for the entire country. [1]

Definitions

First-degree murder

There are several types of first-degree murder in Colorado, those being:

First-degree murder in Colorado is punished only by life imprisonment without the possibility of parole. However, the death penalty is possible for intentional first-degree murder if the crime was committed before July 1, 2020, but the death penalty in Colorado has been abolished for all crimes after that date. Following Colorado abolishing the death penalty for all crimes after that date, Governor Jared Polis commuted all of Colorado's remaining death row prisoners' sentences to life-without-parole. [3]

Second-degree murder

Second-degree murder is defined as intentionally causing the death of another person without premeditation, and that the killing was not in the heat-of-passion, or causing the death of another person during the commission or attempted commission of a felony under Colorado's felony murder rule. It is punishable by 16 to 48 years in prison. [2]

Felony murder rule

In Colorado, the common law felony murder rule has been codified in Colorado Revised Statutes § 18-3-103. As of September 15, 2021, the statute classifies a homicide as second degree murder when committed during one of these predicate felonies: [4] [5]

  • Committing or attempting to commit arson, robbery, burglary, kidnapping, sexual assault, or a class 3 felony sexual assault on a child
  • Or if in the course of one of these crimes or the immediate escape from it, anyone causes the death of a person other than one of the participants

For the reason above, Colorado's felony murder rule is unique compared to some other states' felony murder rules, in that it does not allow a person to be charged with felony murder if the person that died during the felony was a co-conspirator to the felony.

Heat-of-passion second-degree murder

Heat-of-passion second-degree murder is defined as a mitigated version of intentional second-degree murder, in which the perpetrator intentionally caused the death of another person in the sudden heat-of-passion, commonly known in other jurisdictions as voluntary manslaughter. It is punishable by 4 to 12 years in prison. [2]

Penalties

OffenseMandatory sentencing
Criminally negligent homicide 1 to 3 years in prison
Manslaughter 2 to 6 years in prison
Second-degree vehicular homicide
First-degree vehicular homicide 4 to 12 years in prison
Heat-of-passion second-degree murder
Second-degree murder16 to 48 years in prison
First-degree murder

See also

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Murder in Ohio law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Ohio.

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.

Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.

Murder in Iowa law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Iowa.

Murder in Massachusetts law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Massachusetts.

Murder in Michigan law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan.

Murder in Wisconsin law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Wisconsin.

Murder in Delaware law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.

Murder in Connecticut is defined as the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Connecticut. The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.

Murder in Georgia law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Georgia.

Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of New York. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city.

Murder in Tennessee law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Tennessee.

Murder in Nevada law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Nevada.

Murder in Missouri law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Missouri.

References

  1. ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. 1 2 3 "CHAPTER 3-1 HOMICIDE AND RELATED OFFENSES" (PDF).
  3. ↑ "Colorado Abolishes the Death Penalty, Governor Commutes Sentences of Death Row Prisoners".
  4. ↑ McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research. 13 February 2008.
  5. ↑ Weissman, Mike; Lee, Pete, Changes To Felony Murder , retrieved October 18, 2021


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