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Yes. If an investigation shows that the circumstances were such that the fetus suffered damage due to negligence on the part of the mother, such as drug or alcohol abuse. Another possibility would be if the death was the result of injury during the commission of any crime against the mother, such as domestic violence/physical abuse. Obviously, in a case where the mother obtained a legal abortion criminal charges would not be applicable.

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Q: Can a person in Colorado be charged in the death of an unborn child?
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