Across the United States, each individual state is responsible for passing and enforcing its own laws related to child abuse. In Colorado specifically, these laws fall under the umbrella of CRS 18-6-401.
Depending on the severity of the crime, being convicted of child abuse in Colorado could result in consequences that range from jail time and fines to as much as 48 years in prison.
So, what exactly is considered child abuse in Colorado and what factors may affect the penalties for those convicted of child abuse? Read on to learn more.
What Is Considered Child Abuse in Colorado?
In the state of Colorado, child abuse is defined under CRS 18-6-401 as an occurrence where a person causes a direct injury to a child or allows them to be placed in a situation that poses a threat to a child’s health or life. Child abuse charges may also be filed in a situation where a person follows a continued pattern of mistreatment that ultimately results in a child’s injury or death.
Some examples of acts that may constitute a child abuse charge in the state of Colorado include:
- DUI or DWAI with a child present in the vehicle.
- A continued pattern of conduct that results in malnourishment, mistreatment, or overall lack of proper care.
- Manufacture of controlled substances in the presence of a child.
- Directly causing an injury that threatens the life or health of a child.
- Allowing a child to be placed in a situation that poses a threat to their life or health.
It is also worth noting that, under Colorado law, child abuse and child neglect are covered under the same statute. Specifically, abuse and neglect can include:
- Physical abuse
- Neglect (including physical neglect, emotional neglect, medical neglect, and even educational neglect)
- Sexual abuse/exploitation
- Emotional abuse
- Abandonment
You can read more about the specifics of child abuse laws in Colorado here.
Potential Penalties for Child Abuse Convictions in Colorado
Facing child abuse charges is not something that should be taken lightly. Depending on the severity of the crime and other factors (such as whether the abuse resulted in serious injury or death to the child), those convicted of child abuse in Colorado could face anything from probation and fines to many years of prison time.
The main factors that come into play when it comes to determining the consequences of a child abuse conviction in Colorado include:
- The defendant’s criminal history.
- The victim’s age.
- Whether the defendant acted knowingly, negligently, or recklessly in committing the crime.
For example, an instance of child abuse that doesn’t result in serious bodily injury or death to a child can result in a sentence of 120-364 days in jail and/or about $1,000 in fines. The exact sentence will be up to a judge’s discretion; however, the biggest influencing factor here will usually be whether the defendant acted knowingly/recklessly or with criminal negligence.
From there, punishments for child abuse increase in severity. For example, a defendant with a prior child abuse conviction who is found guilty of child abuse a second time may face a class 5 felony conviction with a penalty of 1-3 years in prison and fines of up to $100,000.
In cases where child abuse results in serious bodily injury or death of a child, the charge may be elevated to a class 3 or class 2 felony. A class 3 felony in Colorado can result in up to 32 years in prison and fines of up to $750,000, whereas a class 2 felony may result in up to 48 years in prison and fines of up to $1 million.
In instances of child abuse where the child is under 12 years of age and the defendant knowingly caused the child’s death, charges can be elevated to first-degree murder with the potential for life in prison.
What About Mandatory Child Abuse Reporting?
In Colorado, some professionals are under a legal obligation to report suspected or known incidents of child abuse or neglect. This is known as “mandatory reporting” and is a common catalyst of child abuse charges. If a mandatory reporter fails to report suspected or known child abuse, they could face their own criminal charges. The goal of mandatory reporting is to ensure that professionals who come into regular contact with children take a “better safe than sorry” approach to reporting potential abuse. This, in turn, can help to catch cases of abuse that may otherwise be missed.
Some examples of mandatory reporters in Colorado may include:
- Teachers and child care providers
- Law enforcement officers
- Healthcare providers
- Social workers
When any child abuse/neglect report is made by a mandated reporter, the Colorado Child Welfare department is responsible for further investigation. If evidence of neglect or abuse is found, criminal charges may be filed.
The Burden of Proof in Colorado Child Abuse Cases
If you’ve been charged with child abuse, the important thing to remember is that the prosecution must prove beyond a reasonable doubt that you committed the crime. This means that you have the right to be presumed innocent and the right to defend yourself throughout the legal process, as there are many potential ways in which child abuse charges can be fought.
For example, it is not uncommon for tragic accidents to be mistaken for instances of child abuse. Likewise, parents and guardians may sometimes need to act in self-defense when an older child is being outwardly violent or dangerous.
Unfortunately, it is also relatively common for family members to make false accusations of child abuse as part of a domestic dispute or disturbance. This may be the case when one party in a divorce claims child abuse or neglect by the other party in an effort to gain sole custody of the child.
Regardless of specifics, there are many ways to defend yourself against the charges. The key, of course, is to have the right defense team to help you make your case and protect your rights.
What to Do if You’ve Been Charged With Child Abuse in Colorado
Being accused of child abuse or neglect can be stressful, especially when you consider the potential consequences you may face if convicted. The most important thing you can do if you have been charged with child abuse or neglect is to retain the services of an experienced and knowledgeable criminal defense attorney. Ideally, this will be an attorney who has plenty of experience defending clients in child abuse or neglect cases similar to yours.
Remember, at the end of the day, it is the responsibility of the prosecution to prove that you committed the crime beyond a reasonable doubt. However, in cases of child abuse, things are rarely black and white. You may have been wrongfully accused of abuse by a disgruntled family member, or perhaps a teacher even misinterpreted a comment made by your child. These situations occur more often than you might think — but a knowledgeable criminal defense attorney will know how to best approach your case while acting with your best interests in mind at all times.Ready to learn more? Get in touch with Sheehan Law today to schedule your free consultation and case evaluation