The Colorado Crime of Manslaughter 18-3-104
To understand the Colorado Criminal Code and more specifically the charge or charges in the Complaint and Information or Grand Jury Indictment against you – you need TWO things.
I. You Will Need To Understand The Actual Statutory Crime With Which You Have Been Charged
– The statute, as of 2016, appears first on this page.
II. You Will Also Need To Understand How The Jury Or Judge Reads The Elements – ( a jury instruction “breakout” of the necessary parts or list of things that make up the crime)
– The Jury Instruction appears after a reprint of the statute defining the crime.
The Colorado Statutory Crime of Manslaughter 18-3-104
§ 18-3-104. Manslaughter
| (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.) |
|
| (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. |
|
The Colorado Jury Instruction for the Crime of Manslaughter 18-3-104
MANSLAUGHTER (RECKLESS)
The elements of the crime of manslaughter are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. recklessly,
4. caused the death of another person.
[5. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]
To enlarge this Colorado Felony Sentencing Chart – click on the chart itself.
Summary
Article Name
The Colorado Crime of Manslaughter 18-3-104
Author
H. Michael Steinberg
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