Colorado Revised Statutes Title 18 Criminal Code:

• Section 18-35-103
• Section 18-35-104
• Section 18-35-105
• Section 18-35-106

Colorado Revised Statutes Title 12 Professionals & Occupations:

• Section 12-375-107
• Section 12-375-108

Definition of Illegal Abortion

Since July 1, 2013, Colorado has shifted from using the term “abortion” to “unlawful termination of pregnancy.”

Unlawful termination of pregnancy is terminating a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug, which the pregnant woman (or her authorized health care agent) consented to and obtained.

Parental Notification Act Definition

Abortion is defined in the Parental Notification Act as the "use of any means to terminate the pregnancy of a minor with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the minor's unborn offspring." This was written over 10 years before the more recent "unlawful termination of pregnancy" definition.

Forms of Legal Abortion

Under the unlawful termination of pregnancy definition, the following are forms of legal abortion:

• A medical procedure,
• Instrument,
• Agent, or
• Drug that a pregnant woman consents to use and uses to cause an abortion.

First Degree

Terminating the fetus intentionally, is typically a class 3 felony. If the woman also dies, then it's a class 2 felony.

A class 2 felony is presumptively punished by 8-24 years in prison, a $5,000 to $1,000,000 fine, and 5 years mandatory parole. A Class 3 is punished by 4-12 years in prison, a $3,000 to $750,000 fine, and 5 years of mandatory parole.

Second Degree

Knowingly causing the unlawful fetus termination is a Class 4 felony. However, if caused by a “sudden heat of passion” that provoked the person and there wasn’t time to cool down (akin to a voluntary manslaughter situation). In that case, it’s lower to a Class 5 felony.

The Class 4 felony sentencing range guideline is 2-6 years in prison, a $2,000 to $500,000 fine, and a mandatory 3 years parole. A Class 5 felony sentencing range is 1-3 years, a $1,000 to $100,000 fine, and 2 years mandatory parole.

Third Degree

When the termination is caused by extreme indifference to the value of a human life and when it creates a grave risk of death to another, then it's considered a class 5 felony.

Fourth Degree

Recklessly causing the unlawful termination of a pregnancy is usually a class 6 felony. However, if the death happens while attempting, committing, or fleeing a murder, robbery, arson, burglary, escape from legal custody, kidnapping, or some assaults and sexual assaults then it’s a Class 5 felony (similar to felony murder.)

A class 6 felony is punished by 1 to 1.5 years in prison, a $1,000 to $100,000 fine, and 1 year mandatory parole.

Vehicular unlawful termination of pregnancy is a Class 5 felony.

• There is no spousal consent requirement, so a woman can get an abortion without telling her spouse.
• Females under 18 (and not emancipated) must get the permission of at least one parent, guardian, or other adult relative she lives with before getting an abortion. There is a judicial bypass if parental notification isn’t an option.

Residency Requirements;Waiting Periods

• There are no residency requirements to obtain an abortion in Colorado.
• There is no mandatory waiting period for an abortion in Colorado.

Under Colorado law, there is a 100-feet "bubble" around every health care facility in the state and, within the area, it's illegal to knowingly approach an individual without their consent to:

• Pass a pamphlet,
• Show a sign, or
• Engage in oral protest education or counseling.