(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.
(c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.)
(2) Manslaughter is a class 4 felony.
(3) This section shall not apply to a person, including a proxy decision-maker as such
person is described in section 15-18.5-103, C.R.S., who complies with any advance medical
directive in accordance with the provisions of title 15, C.R.S., including a medical durable power
of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.
(4) (a) This section shall not apply to a medical caregiver with prescriptive authority or
authority to administer medication who prescribes or administers medication for palliative care
to a terminally ill patient with the consent of the terminally ill patient or his or her agent.
(b) For purposes of this subsection (4):
(I) "Agent" means a person appointed to represent the interests of the terminally ill
patient by a medical power of attorney, power of attorney, health-care proxy, or any other
similar statutory or regular procedure used for designation of such person.
(II) "Medical caregiver" means a physician, registered nurse, nurse practitioner,
physician assistant, or anesthesiologist assistant licensed by this state.
(III) "Palliative care" means medical care and treatment provided by a licensed medical
caregiver to a patient with an advanced chronic or terminal illness whose condition may not be
responsive to curative treatment and who is, therefore, receiving treatment that relieves pain and
suffering and supports the best possible quality of his or her life.
(c) Paragraph (a) of this subsection (4) shall not be interpreted to permit a medical
caregiver to assist in the suicide of the patient.
Source: L. 71: R&RE, p. 419, § 1. C.R.S. 1963: § 40-3-104. L. 75: (1)(c) amended, p.
623, § 1, effective March 19; (1)(c) amended, p. 618, § 6, effective July 21. L. 79: (1)(c)
amended, p. 726, § 3, effective July 1. L. 86: (1)(c) amended, p. 770, § 4, effective July 1. L. 93:
Entire section amended, p. 1986, § 13, effective July 1. L. 94: (3) added, p. 1059, § 3, effective
May 4. L. 96: (1)(b), (1)(c), and (2) amended, p. 1844, § 13, effective July 1. L. 2006: (4) added,
p. 313, § 1, effective July 1. L. 2012: (4)(b)(II) amended, (HB 12-1332), ch. 238, p. 1059, § 15,
effective August 8.
Notes of Decisions
Cited in
119
cases (
8 in the last 5 years), 1975–2025 · leading case:
Mata-Medina v. People, 71 P.3d 973 (Colo. 2003).
Mata-Medina v. People, 71 P.3d 973 (Colo. 2003).
· cites it 10× “" § 18-3-104, 6 C.R.S. (2002). Again, assuming that Mata-Medina "cause[d] the death of" Gettler, the death was committed recklessly if he " consciously disregard[ed] a substantial and unjustifiable risk that a result will occur.”
Cassels v. People, 92 P.3d 951 (Colo. 2004).
· cites it 8× “13, § 18-3-104, 1996 Colo. Sess. Laws 1840 , 1844-45.”
People v. Christian, 632 P.2d 1031 (Colo. 1981).
· cites it 11× “For purposes of equal protection, there are significant differences between the legislative proscription of specifically defined acts of child abuse resulting in serious bodily injury, as outlined in section 18-6-401, and the general proscription of reckless conduct resulting in…”
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021).
· cites it 3× “” § 18-3-104(1)(a), C.R.S. 2020. “Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide.”
People v. DelGuidice, 606 P.2d 840 (Colo. 1979).
· cites it 12× “The trial court instructed the jury that the defense was available only to the charge of first-degree murder.”
People v. Noble, 635 P.2d 203 (Colo. 1981).
· cites it 8× “2d 1031 (1981), and resolved it as follows: “For purposes of equal protection, there are significant differences between the legislative proscription of specifically defined acts of child abuse resulting in serious bodily injury, as outlined in section 18-6-401, and the general…”
People v. Weinreich, 119 P.3d 1073 (Colo. 2005).
· cites it 4× “[6] § 18-3-104(1)(a), C.R.S. (2001). [7] § 18-6-401(1), (7)(a)(V), C.”
People v. Lewis, 676 P.2d 682 (Colo. 1984).
· cites it 12× “" Section 18-3-104(1)(c), C.R.S.1973 (1983 Supp.”
Lanari v. People, 827 P.2d 495 (Colo. 1992).
· cites it 8× “[3] When, prior to trial, the defendant sought to introduce expert psychiatric testimony to describe characteristics of the offense of heat of passion manslaughter, section 18-3-104(1)(c), 8 C.R.S. (1978 & 1985 Supp.”
Grissom v. People, 115 P.3d 1280 (Colo. 2005).
· cites it 10× “(2004); § 18-3-104. Thus, to be a complicitor, Grissom would need to act with conscious disregard of a substantial and unjustifiable risk that death will occur and, at the same time, intend to assist Love to recklessly cause the death of the victim.”
People v. Wadley, 890 P.2d 151 (Colo. Ct. App. 1994).
· cites it 18× “Under § 18-3-104(1)(c), C.R.S. (1986 Repl. Vol.”
People v. Pearson, 725 P.2d 782 (Colo. 1986).
· cites it 4× “The defendant is charged with the offense of manslaughter, in violation of section 18-3-104, 8 C.R.S. (1978). Testimony during the suppression hearing established that in the late evening of September 15, 1984, the defendant went to the home of Wayne Beers, a neighbor, told him…”
— Colo. Rev. Stat. § 18-3-104(1) — 1 case
— Colo. Rev. Stat. § 18-3-104(1)(a) — 29 cases
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021).
“” § 18-3-104(1)(a), C.R.S. 2020. “Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide.”
People v. Weinreich, 119 P.3d 1073 (Colo. 2005).
“[6] § 18-3-104(1)(a), C.R.S. (2001). [7] § 18-6-401(1), (7)(a)(V), C.”
People v. DelGuidice, 606 P.2d 840 (Colo. 1979).
“The trial court instructed the jury that the defense was available only to the charge of first-degree murder.”
— Colo. Rev. Stat. § 18-3-104(1)(b) — 3 cases
— Colo. Rev. Stat. § 18-3-104(1)(c) — 15 cases
Mata-Medina v. People, 71 P.3d 973 (Colo. 2003).
“" § 18-3-104, 6 C.R.S. (2002). Again, assuming that Mata-Medina "cause[d] the death of" Gettler, the death was committed recklessly if he " consciously disregard[ed] a substantial and unjustifiable risk that a result will occur.”
Lanari v. People, 827 P.2d 495 (Colo. 1992).
“[3] When, prior to trial, the defendant sought to introduce expert psychiatric testimony to describe characteristics of the offense of heat of passion manslaughter, section 18-3-104(1)(c), 8 C.R.S. (1978 & 1985 Supp.”
People v. Lewis, 676 P.2d 682 (Colo. 1984).
“" Section 18-3-104(1)(c), C.R.S.1973 (1983 Supp.”
People v. Wadley, 890 P.2d 151 (Colo. Ct. App. 1994).
“Under § 18-3-104(1)(c), C.R.S. (1986 Repl. Vol.”
— Colo. Rev. Stat. § 18-3-104(2) — 2 cases
— Colo. Rev. Stat. § 18-3-104(l)(a) — 38 cases
People v. Christian, 632 P.2d 1031 (Colo. 1981).
“For purposes of equal protection, there are significant differences between the legislative proscription of specifically defined acts of child abuse resulting in serious bodily injury, as outlined in section 18-6-401, and the general proscription of reckless conduct resulting in…”
People v. Noble, 635 P.2d 203 (Colo. 1981).
“2d 1031 (1981), and resolved it as follows: “For purposes of equal protection, there are significant differences between the legislative proscription of specifically defined acts of child abuse resulting in serious bodily injury, as outlined in section 18-6-401, and the general…”
— Colo. Rev. Stat. § 18-3-104(l)(c) — 21 cases
Mata-Medina v. People, 71 P.3d 973 (Colo. 2003).
“" § 18-3-104, 6 C.R.S. (2002). Again, assuming that Mata-Medina "cause[d] the death of" Gettler, the death was committed recklessly if he " consciously disregard[ed] a substantial and unjustifiable risk that a result will occur.”
People v. Lewis, 676 P.2d 682 (Colo. 1984).
“" Section 18-3-104(1)(c), C.R.S.1973 (1983 Supp.”
— Colo. Rev. Stat. § 18-3-104(l)(e) — 1 case
People v. Wadley, 890 P.2d 151 (Colo. Ct. App. 1994).
“Under § 18-3-104(1)(c), C.R.S. (1986 Repl. Vol.”
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