Colorado Manslaughter and Vehicular Homicide Laws (2026)

Colorado has one offense named manslaughter: under C.R.S. 18-3-104, a person commits manslaughter if the person "recklessly causes the death of another person" or "intentionally causes or aids another person to commit suicide," and it is a class 4 felony carrying a presumptive range of 2 to 6 years. Below it sit criminally negligent homicide (18-3-105, a class 5 felony) and vehicular homicide (18-3-106, a class 4 or class 3 felony), while a killing on a sudden heat of passion is graded as second-degree murder rather than as manslaughter.

For the rules in other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Colorado statutes on homicide below murder: manslaughter (C.R.S. 18-3-104), criminally negligent homicide (18-3-105), vehicular homicide (18-3-106), the heat-of-passion grading of second-degree murder (18-3-103(3)), the unborn-victim offenses in article 3.5 of Title 18, and other statutes graded by a resulting death. It does not cover first- or second-degree murder sentencing (see how long a life sentence is in Colorado and our overview of murder sentencing guidelines), self-defense and justification (see Colorado self-defense laws), civil lawsuits by surviving family (see Colorado wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Colorado?

Part 1 of article 3 of Title 18 contains the homicide offenses: first- and second-degree murder, manslaughter, criminally negligent homicide, vehicular homicide and murder of a peace officer. Manslaughter is the offense one step below murder, and its text is short:

"(1) A person commits the crime of manslaughter if: (a) Such person recklessly causes the death of another person; or (b) Such person intentionally causes or aids another person to commit suicide. ... (2) Manslaughter is a class 4 felony." C.R.S. 18-3-104

The statute contains no provocation language, so Colorado has no voluntary manslaughter offense and no involuntary manslaughter offense under those names. The homicide offenses below murder are:

• Manslaughter (18-3-104): a reckless killing, or intentionally causing or aiding another person's suicide.
• Criminally negligent homicide (18-3-105): causing a death with criminal negligence.
• Vehicular homicide (18-3-106): reckless, DUI or DWAI driving that is the proximate cause of a death.

Section 18-3-104(3) states that the manslaughter section does not apply to a person, including a proxy decision-maker, who complies with an advance medical directive under Title 15, including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.

Colorado manslaughter and homicide offenses at a glance

The ranges come from the felony classification table in C.R.S. 18-1.3-401(1)(a)(V.5)(A), which applies to "any person sentenced for a felony for an offense committed on or after July 1, 2020," and the fine ranges from 18-1.3-401(1)(a)(III)(A). These are presumptive ranges, and other sentencing provisions, such as the aggravated-range and pregnant-victim rules below, can change them; a sentence based on extraordinary aggravating circumstances may not exceed twice the presumptive maximum (18-1.3-401(6)), although the habitual criminal statute, 18-1.3-801, can require three or four times the maximum for a defendant with qualifying prior felony convictions, subject to that section's conditions. For how Colorado sentences each class, see how Colorado sentences each felony class.

Heat of passion: how a murder is graded lower in Colorado

In Colorado the provocation rule changes the grade of second-degree murder; it does not turn a murder into manslaughter. Section 18-3-103(3) reads:

"(a) Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony. (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony."

Under the post-2020 table, a class 2 felony carries a presumptive range of 8 to 24 years and a class 3 felony 4 to 12 years (18-1.3-401(1)(a)(V.5)(A)).

The panic-defense bar (2020)

SB 20-221 added subsection (3)(c), effective July 13, 2020:

"For purposes of determining sudden heat of passion pursuant to subsection (3)(b) of this section, a defendant's act does not constitute an act performed upon a sudden heat of passion if it results solely from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant." C.R.S. 18-3-103(3)(c)

The bar applies where the act results "solely" from those circumstances.

The homicide statutes in Part 1 contain no provision that reduces a killing to manslaughter because of an unreasonable belief in the need for self-defense. Self-defense and the other justification rules are in article 1 of Title 18; our page on Colorado self-defense laws covers them.

Reckless manslaughter and criminally negligent homicide

The difference between the two offenses is the mental state, and C.R.S. 18-1-501 defines both terms for every offense in the Criminal Code:

"(3) 'Criminal negligence'. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. ... (8) 'Recklessly'. A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists."

A reckless person is aware of the risk and disregards it; a criminally negligent person fails to perceive a risk that a reasonable person would have seen. A reckless killing is manslaughter (class 4); a criminally negligent killing is criminally negligent homicide (class 5).

The 2026 change to criminally negligent homicide

SB 26-072 (Session Laws 2026, ch. 200), approved May 28, 2026, rewrote 18-3-105 effective September 1, 2026. The current text reads:

"(1) (a) A person who causes the death of another person with criminal negligence commits criminally negligent homicide. (b) If a person operates or drives a motor vehicle with criminal negligence and the conduct is the proximate cause of the death of another person, the person commits criminally negligent homicide. (2) Criminally negligent homicide is a class 5 felony." C.R.S. 18-3-105

Section 8(2) of the act provides that the change "applies to offenses committed on or after September 1, 2026." For conduct before that date, the earlier single-sentence version governs: "Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony." The grade did not change; the act added the express motor-vehicle form.

Vehicular homicide and DUI deaths in Colorado

Colorado does not use the terms vehicular manslaughter or DUI manslaughter. A death caused by driving is vehicular homicide under C.R.S. 18-3-106, which has three forms, each requiring that the driving be "the proximate cause of the death of another":

"(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. (b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime." C.R.S. 18-3-106(1)(a)-(b)(I)

Subsection (1)(b)(I.5) adds a third form for driving "while the person's ability is impaired by alcohol or one or more drugs." Subsection (1)(c) sets the grades: the DUI form is a class 3 felony, and the reckless and DWAI forms are class 4 felonies.

DUI versus DWAI

The statute defines both levels of impairment:

• Driving under the influence means the alcohol or drugs affect the person "to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle" (18-3-106(1)(b)(IV)).
• Driving while ability impaired means the alcohol or drugs affect the person "to the slightest degree so that the person is less able than the person ordinarily would have been" to exercise clear judgment, sufficient physical control, or due care (18-3-106(1)(b)(V)).

In a vehicular homicide prosecution, a blood or breath alcohol level of 0.05 or less creates a presumption that the driver was not under the influence, a level above 0.05 but below 0.08 may be considered with other evidence, and 0.08 or more gives rise to a permissible inference that the driver was under the influence; 5 nanograms or more of delta 9-THC per milliliter of whole blood gives rise to a permissible inference of drug influence (18-3-106(2)). If a driver the officer has probable cause to suspect refuses a test, the test may be performed without the driver's consent (18-3-106(4)(a)).

The DWAI form and its definition were added by SB 21-271, effective March 1, 2022. The DUI form is a class 3 felony with a presumptive range of 4 to 12 years; 18-3-106 itself sets no separate mandatory minimum term, but 18-1.3-401(8)(g) requires a prison term of at least the midpoint of the range when the driver was in immediate flight from another felony. For DUI penalties when no one is killed, see Colorado DUI laws.

Criminally negligent driving deaths and careless driving

For offenses on or after September 1, 2026, a driver who operates a motor vehicle with criminal negligence that is the proximate cause of a death commits criminally negligent homicide under 18-3-105(1)(b), a class 5 felony. Careless driving that is the proximate cause of death to an individual remains a class 1 misdemeanor traffic offense under C.R.S. 42-4-1402(2)(c)(I), and where more than one person is killed, "each individual injured or killed is a separate violation." That multiple-victim rule was added by SB 25-281 (2025, ch. 346) for offenses on or after June 2, 2025.

License revocation

Under C.R.S. 42-2-125(1)(a), the department "shall immediately revoke the license or permit" of a driver convicted of vehicular homicide or of criminally negligent homicide while operating or driving a motor vehicle under 18-3-105(1)(b). Unless that section provides otherwise, "the period of revocation shall be not less than one year" (42-2-125(2)).

Leaving the scene and eluding police

Leaving the scene of a crash in violation of C.R.S. 42-4-1601 is a class 3 felony "if the crash resulted in the death of any person," a class 4 felony for serious bodily injury, and a class 1 misdemeanor traffic offense for injury; the department must revoke the license of a person convicted (42-4-1601(2)-(3)). Our page on Colorado hit-and-run laws covers the duties after a crash.

Vehicular eluding is a class 5 felony, a class 4 felony if it results in bodily injury, and "vehicular eluding that results in death to another person is a class 3 felony" (C.R.S. 18-9-116.5).

Racing, boating and driving under restraint

Colorado's traffic and boating statutes do not grade these offenses by a resulting death:

• A speed contest on a highway is a class 1 misdemeanor traffic offense and a speed exhibition a class 2 misdemeanor traffic offense, with no death tier (C.R.S. 42-4-1105(1)(c), (2)(c)).
• Operating a vessel in a reckless manner is a class 2 misdemeanor (C.R.S. 33-13-108(3)), and operating a vessel under the influence is a misdemeanor (33-13-108.1(1)(a)); neither has a death tier.
• Driving under restraint (42-2-138) is graded by the reason for the restraint and by prior convictions, not by a resulting death.

A death in those circumstances falls under the general homicide statutes, such as manslaughter or criminally negligent homicide, or under vehicular homicide where its elements are met.

Unborn victims: unlawful termination of pregnancy

Article 3.5 of Title 18 sets a separate ladder of offenses for unlawfully terminating a pregnancy, which it defines "for purposes of this article only" as "the presence of an implanted human embryo or fetus within the uterus of a woman." The article provides that nothing in it permits "the prosecution of a woman for any act or any failure to act with regard to her own pregnancy," and that nothing in it confers "the status of 'person' upon a human embryo, fetus, or unborn child at any stage of development prior to live birth."

Other offenses graded by a resulting death

• Child abuse resulting in death: C.R.S. 18-6-401(7)(a); class 2 felony when the person acts knowingly or recklessly (at least the midpoint and up to twice the maximum of the class 2 range, with no probation, under 18-1.3-401(8)(d)), class 3 felony when the person acts with criminal negligence (an extraordinary risk crime, 4 to 16 years); where a person in a position of trust knowingly causes the death of a child under 12, the offense is first-degree murder (18-6-401(7)(c)).
• Criminal negligence resulting in the death of an at-risk person: C.R.S. 18-6.5-103(2)(a); class 4 felony (2 to 6 years).
• Dangerous dog causing the death of a person: C.R.S. 18-9-204.5(3)(d); an owner who violates (3)(a) and whose dog causes the death of a person commits a class 5 felony (1 to 3 years).
• Failing to move over for a stationary emergency or maintenance vehicle, causing death: C.R.S. 42-4-705(3)(b)(III); class 6 felony (1 year to 18 months).
• Careless driving causing death: C.R.S. 42-4-1402(2)(c); class 1 misdemeanor traffic offense.
• Distribution of fentanyl that is the proximate cause of a user's death: C.R.S. 18-18-405(2)(a)(III)(A), added by HB 22-1326 effective July 1, 2022; applies, except as provided in 18-1-711(3)(i), where distribution of a material containing fentanyl, carfentanil, benzimidazole opiate or an analog is the proximate cause of the death of a person who used or consumed it; a level 1 drug felony with a mandatory prison term of 8 to 32 years (18-1.3-401.5(7)), except that the (2)(c)(V) form is not subject to the mandatory sentence (18-18-405(2)(a)(III)(B)).
• False reporting of an emergency where the emergency response results in a death: C.R.S. 18-8-111(2)(b)(IV); class 3 felony (4 to 12 years).
• Hazing: C.R.S. 18-9-124(4); class 2 misdemeanor, with no separate death grade.

Sentencing rules that apply to manslaughter

Aggravated range. If the court finds extraordinary aggravating circumstances, it may sentence above the presumptive range, but "in no case shall the term of sentence be greater than twice the maximum" (18-1.3-401(6)). Listed circumstances, such as being on parole for another felony when the offense was committed, require at least the midpoint and allow up to twice the maximum (18-1.3-401(8)(a)).

Vehicular homicide in flight from another felony. For class 3 or class 4 vehicular homicide under 18-3-106(1)(a) or (1)(b) committed while the driver was in immediate flight from the commission of another felony, the court must impose a prison term of at least the midpoint and up to twice the maximum of the presumptive range (18-1.3-401(8)(g)).

Pregnant victim. Under C.R.S. 18-1.3-401(13), the court "shall sentence the defendant to a term of at least the midpoint, but not more than twice the maximum, of the presumptive range" if it makes findings on the record that "(I) The victim of the offense was pregnant at the time of commission of the offense; and (II) The defendant knew or reasonably should have known that the victim of the offense was pregnant." The subsection lists second-degree murder, manslaughter, criminally negligent homicide and vehicular homicide, among others (18-1.3-401(13)(b)).

Probation for repeat felons. Under C.R.S. 18-1.3-201, a person who has been "twice or more convicted of a felony upon charges separately brought and tried and arising out of separate and distinct criminal episodes" before the current conviction "is not eligible for probation if the current conviction or a prior conviction is for" murder or manslaughter, among other listed offenses. That bar applies to felony convictions on or after May 25, 2010, and the sentencing court may waive it on the district attorney's recommendation (18-1.3-201(2.5)(a), (4)(a)(I)).

Crime-of-violence list. Manslaughter, criminally negligent homicide and vehicular homicide do not appear among the crimes named in C.R.S. 18-1.3-406(2)(a)(II), the crime-of-violence sentencing provision. That list does include murder and "any crime against an at-risk adult or at-risk juvenile."

Mandatory parole. The class table attaches a mandatory parole period to each felony class: 3 years for class 3 and class 4 felonies, 2 years for class 5, and 1 year for class 6 (18-1.3-401(1)(a)(V.5)(A)).

Recent changes to Colorado homicide law

• SB 26-072 (2026, ch. 200), effective September 1, 2026: rewrote 18-3-105 to add the motor-vehicle form of criminally negligent homicide, for offenses committed on or after that date. It also repealed 42-4-239(4)(d), the class 1 misdemeanor traffic offense for a mobile-device violation that is the proximate cause of a death, and conformed the license-revocation cross-references in 42-2-125. The bill page is at leg.colorado.gov.
• SB 25-281 (2025, ch. 346), approved June 2, 2025: made each person killed or seriously injured by careless driving a separate violation of 42-4-1402, for offenses on or after that date.
• SB 21-271, effective March 1, 2022: added the DWAI form of vehicular homicide (18-3-106(1)(b)(I.5)) and its definition, and amended the grading subsection.
• SB 20-221, effective July 13, 2020: added the panic-defense bar in 18-3-103(3)(c).
• SB 20-100 (2020): added the felony range table in 18-1.3-401(1)(a)(V.5) for offenses committed on or after July 1, 2020.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• Colorado felony and misdemeanor classes
• Colorado DUI laws
• Colorado hit-and-run laws
• Colorado self-defense laws
• The difference between murder, homicide and manslaughter
• Wyoming manslaughter laws
• Kansas manslaughter laws

This article provides general legal information about Colorado law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Colorado.

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Colorado?

Yes. Manslaughter under C.R.S. 18-3-104 is a class 4 felony, criminally negligent homicide (18-3-105) is a class 5 felony, and vehicular homicide (18-3-106) is a class 4 or class 3 felony depending on the form. Careless driving that proximately causes a death is a class 1 misdemeanor traffic offense under 42-4-1402(2)(c).

What is the sentence for manslaughter in Colorado?

For an offense committed on or after July 1, 2020, a class 4 felony carries a presumptive range of 2 to 6 years in prison, 3 years of mandatory parole and a fine range of $2,000 to $500,000 (18-1.3-401(1)(a)). A pregnant-victim finding under 18-1.3-401(13) requires at least the midpoint and allows up to twice the maximum.

Does Colorado have voluntary and involuntary manslaughter?

Not by those names. Colorado's manslaughter statute, 18-3-104, covers reckless killings and causing or aiding a suicide. A killing on a sudden heat of passion is graded as second-degree murder, a class 3 felony instead of class 2 (18-3-103(3)(b)), and a death caused with criminal negligence is criminally negligent homicide (18-3-105).

What is vehicular homicide in Colorado?

Under 18-3-106, vehicular homicide is operating or driving a motor vehicle in a reckless manner, under the influence, or while ability impaired, where that conduct is the proximate cause of another person's death. The DUI form is a strict liability class 3 felony; the reckless and DWAI forms are class 4 felonies.

Is DUI vehicular homicide strict liability in Colorado?

Yes. 18-3-106(1)(b)(I) says of the DUI form: 'This is a strict liability crime.' The prosecution still has to show that the driving under the influence was the proximate cause of the death.

What is criminally negligent homicide in Colorado?

It is causing the death of another person with criminal negligence, a class 5 felony under 18-3-105. Criminal negligence means failing to perceive a substantial and unjustifiable risk through a gross deviation from the standard of care a reasonable person would exercise (18-1-501(3)). For offenses on or after September 1, 2026, the statute also names driving a motor vehicle with criminal negligence that proximately causes a death.

Does Colorado ban the gay or trans panic defense?

Yes, for the heat-of-passion reduction in second-degree murder. Section 18-3-103(3)(c), added by SB 20-221 effective July 13, 2020, says an act resulting solely from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation is not a sudden heat of passion.

What happens to a driver's license after a vehicular homicide conviction in Colorado?

Under 42-2-125(1)(a), the department must immediately revoke the license on receiving a record of a vehicular homicide conviction or of criminally negligent homicide while driving a motor vehicle. Unless that section provides otherwise, the revocation period is not less than one year (42-2-125(2)).