reglab/housing_qa huggingface dataset:
CO Code § 18-1-701 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-701. Execution of Public Duty

  Unless inconsistent with other provisions of sections 18-1-702 to 18-1-710, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by a provision of law or a judicial decree binding in Colorado.    A “provision of law” and a “judicial decree” in subsection (1) of this section mean:   Laws defining duties and functions of public servants;    Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;    Laws governing the execution of legal process;    Laws governing the military service and conduct of war;    Judgments and orders of court.        History. Source: L. 71: R&RE, p. 407, § 1. C.R.S. 1963: § 40-1-801 .    ANNOTATION   Process server's entry onto land to effect service was legal. And while land owner quickly revoked the implied license once the owner began interacting with the process server, to the extent the process server's conduct was consistent with the laws governing the execution of legal process, the conduct remained statutorily privileged even after the owner revoked the implied license. People v. Neckel, 2019 COA 69 , __ P.3d __.   Defense not available to penitentiary guard accused of aiding escape. A penitentiary guard, accused of aiding an escape, whose theory of the case is that he was attempting to apprehend an escaped criminal by using undercover techniques is not entitled to a jury instruction on the affirmative defense of execution of public duty when his authority to make an arrest is limited to penitentiary grounds and there is no evidence he had any authorization to engage in undercover activities. People v. Roberts, 43 Colo. App. 100, 601 P.2d 654 (1979).   Defense not available to deputy sheriff when directed to perform an unauthorized act by sheriff. Deputy sheriff's installation of an eavesdropping device at the direction of the sheriff was not an execution of a public duty when sheriff did not have legal authority to place electronic listening device without court order. People v. Lesslie, 24 P.3d 22 (Colo. App. 2000).
CO Code § 18-1-705 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-705. Use of Physical Force in Defense of Premises

 A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704 , or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.   History. Source: L. 71: R&RE, p. 409, § 1. C.R.S. 1963: § 40-1-805 .    Cross references:   For first degree arson, see § 18-4-102 .   ANNOTATION   Law reviews. For article, “Self-Defense in Colorado”, see 24 Colo. Law. 2717 (1995). For article, “POWPO and Gun Rights After Carbajal”, see 44 Colo. Law. 31 (Sept. 2015).   Common-law doctrine of retreat not applicable. Where the jury was told that though the defendant was in his place of business, and was in no way the aggressor, a deadly and unprovoked assault was made upon him by one armed with a loaded pistol, he was under duty to flee unless it was more dangerous to retreat than to fight, it was held a pernicious application of the common-law doctrine of retreat to the wall long since abrogated in this jurisdiction. Enyart v. People, 67 Colo. 434 , 180 P. 722 (1919) (decided under R.S. 08, § 1634).   One cannot instantly kill in defense of property. While a man may use all reasonable and necessary force to defend his real and personal estate, of which he is in the actual possession, against another who comes to dispossess him without right, he cannot instantly carry his defense to the extent of killing the aggressor. If no other way is open, he must yield and get himself righted by resort to the law. Bush v. People, 10 Colo. 566 , 16 P. 290 (1887) (decided under G. S. § 721).   This section is not, by its terms, inapplicable to unlawful entries where the trespassers happen to be police officers. People v. Lutz, 762 P.2d 715 (Colo. App. 1988).
CO Code § 18-1-706 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-706. Use of Physical Force in Defense of Property

 A person is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the other person to commit theft, criminal mischief, or criminal tampering involving property, but he may use deadly physical force under these circumstances only in defense of himself or another as described in section 18-1-704 .   History. Source: L. 71: R&RE, p. 409, § 1. C.R.S. 1963: § 40-1-806 .    Cross references:   For theft, see part 4 of article 4 of this title 18; for criminal mischief, see § 18-4-501 ; for criminal tampering, see §§ 18-4-505 and 18-4-506 .   ANNOTATION   Law reviews. For article, “Self-Defense in Colorado”, see 24 Colo. Law. 2717 (1995). For article, “POWPO and Gun Rights After Carbajal”, see 44 Colo. Law. 31 (Sept. 2015).   One cannot instantly kill in defense of property. While a man may use all reasonable and necessary force to defend his real and personal estate, of which he is in the actual possession, against another who comes to dispossess him without right, he cannot instantly carry his defense to the extent of killing the aggressor. If no other way is open, he must yield and get himself righted by resort to the law. Bush v. People, 10 Colo. 566 , 16 P. 290 (1887) (decided under G. S. § 721).   When instruction on defense appropriate. A defendant is entitled to a jury instruction on an affirmative defense only if evidence in the record supports it. Here record does not support entitlement to instruction. People v. Goedecke, 730 P.2d 900 (Colo. App. 1986).
CO Code § 18-1-706.5 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-706.5. Justification and Exemption From Liability When Rendering Emergency Assistance to an At-Risk Person or Animal in a Locked Vehicle

 A person is justified and exempt from criminal liability for criminal mischief, criminal trespass, or criminal tampering involving property if such action occurred when he or she rendered emergency assistance to an at-risk person or animal in a locked vehicle, provided the person rendering assistance acted in accordance with the provisions of section 13-21-108.4 .   History. Source: L. 2017: Entire section added, (HB 17-1179), ch. 127, p. 436, § 2, effective August 9.
CO Code § 18-1-710 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-710. Affirmative Defense

 The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses.   History. Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-810 .    Cross references:   For the affirmative defense of impaired mental condition, see §§ 16-8-103.5 and 18-1-803 ; for other provisions concerning affirmative defenses generally, see §§ 18-1-407 and 18-1-805 ; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 to 18 of this title 18.   ANNOTATION   Law reviews. For article, “Self-Defense in Colorado”, see 24 Colo. Law. 2717 (1995).   If evidence is intended to show entrapment, it should be presented in defendant's case-in-chief, since entrapment is an affirmative defense. People v. McKay, 191 Colo. 381 , 553 P.2d 380 (1976).   Heat of passion is not an affirmative defense to first-degree or second-degree murder and no jury instruction regarding heat of passion needs to be given. People v. Carrier, 791 P.2d 1204 (Colo. App. 1989).   Applied in Bailey v. People, 630 P.2d 1062 (Colo. 1981); People v. Rex, 636 P.2d 1282 (Colo. App. 1981).
CO Code § 18-1-713 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 7 - Justification and Exemptions From Criminal Responsibility|§ 18-1-713. Victims of Human Trafficking of a Minor for Involuntary Servitude or Sexual Servitude - Affirmative Defenses

  Except as provided in section 18-7-209, it is an affirmative defense to any charge, other than a class 1 felony, if the minor being charged proves, by a preponderance of the evidence, that he or she was, at the time of the offense:   A victim of human trafficking of a minor for involuntary servitude pursuant to section 18-3-503 or human trafficking of a minor for sexual servitude pursuant to section 18-3-504; and    Forced or coerced into engaging in the criminal act charged.        History. Source: L. 2019: Entire section added,(SB 19-185), ch. 147, p. 1766, § 5, effective May 6.    Cross references:   For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019.
CO Code § 18-1-801 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 8 - Responsibility|§ 18-1-801. Insufficient Age

 The responsibility of a person for his conduct is the same for persons between the ages of ten and eighteen as it is for persons over eighteen except to the extent that responsibility is modified by the provisions of the “Colorado Children's Code”, title 19, C.R.S. No child under ten years of age shall be found guilty of any offense.   History. Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-901 .    ANNOTATION   Law reviews. For article, “Mens Rea and the Colorado Criminal Code”, see 52 U. Colo. L. Rev. 167 (1981). For comment, “Arrested Development: An Alternative to Juveniles Serving LIFE Without Parole in Colorado”, see 78 U. Colo. L. Rev. 1059 (2007).   Annotator's note. Since § 18-1-801 is similar to former § 40-1-4 , C.R.S. 1963, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.   An infant is presumed incapable of committing crime because he is presumed not to possess criminal intent. Calkins v. Albi, 163 Colo. 370 , 431 P.2d 17 (1967).   An infant under the age of 10 years shall not be found guilty of any offense. Gallegos v. Tinsley, 139 Colo. 157 , 337 P.2d 386 (1959); LeCoq ex rel. LeCoq v. Klemme, 28 Colo. App. 590, 476 P.2d 280 (1970).   Although a child under the age of 10 cannot be charged with an offense, it does not necessarily follow that the child cannot violate the law. In enacting the statute, the general assembly determined those persons who could be held responsible for their criminal acts, not that such persons could not commit the acts. People v. Miller, 830 P.2d 1092, (Colo. App. 1991).   Minor who is over 14 years of age is accountable for crimes committed by him. Gallegos v. Tinsley, 139 Colo. 157 , 337 P.2d 386 (1959).   Though the children's code may not in so many words raise the age below which there can be no criminal responsibility as concerns a felony from 10 to 14 years, in effect, that is exactly what it did. People ex rel. Terrell v. District Court, 164 Colo. 437 , 435 P.2d 763 (1967).   Incapacity is a defense. The incapacity of a party, by reason of his tender years, to commit the crime charged may be a good defense on the trial, as it may effectually negative the charge. Mitchell v. People, 24 Colo. 532 , 52 P. 671 (1898).   Capacity is not required to be stated in the indictment, and its omission furnishes no ground for arresting the judgment after a verdict against the accused. Mitchell v. People, 24 Colo. 532 , 52 P. 671 (1898).   This section is not relevant to a determination of liability for the commission of an intentional tort. LeCoq ex rel. LeCoq v. Klemme, 28 Colo. App. 590, 476 P.2d 280 (1970).   Applied in People v. Gallegos, 628 P.2d 999 (Colo. 1981).
CO Code § 18-1-805 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 8 - Responsibility|§ 18-1-805. Responsibility - Affirmative Defense

 The issue of responsibility under sections 18-1-801 to 18-1-804 is an affirmative defense.   History. Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-905 .    Cross references:   For other provisions concerning affirmative defenses generally, see §§ 18-1-407 and 18-1-710 ; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 to 18 of this title 18.   ANNOTATION   Law reviews. For article, “Trauma, Crime and the Affirmative Defense”, see 11 Colo. Law. 2401 (1982). For article, “Checklists to Evaluate Vietnam Vet Stress Disorders”, see 12 Colo. Law. 273 (1983).   Applied in People v. Cornelison, 192 Colo. 337 , 559 P.2d 1102 (1977); People v. Gallegos, 628 P.2d 999 (Colo. 1981); Hendershott v. People, 653 P.2d 385 (Colo. 1982), cert. denied, 459 U.S. 1225, 103 S. Ct. 1232, 75 L. Ed. 2d 466 (1983).
CO Code § 18-1-1002 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 10 - Orders and Proceedings Against Defendant|§ 18-1-1002. Criminal Contempt Proceedings - Notice to District Attorney

 Before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the district of the court where the proceedings are to be heard and the district attorney for the district of the court where the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.   History. Source: L. 94: Entire section added, p. 1717, § 7, effective July 1.    ANNOTATION   District attorney need not be notified of criminal contempt hearing against father in arrears in child support. While the general assembly may limit jurisdiction, no statute will be held to limit court power unless the limitation is explicit in the statute. There was no prejudice to the party's substantial rights as the statute was enacted to protect state's interest in prosecution, not for the protection of fathers in arrears in child support. In re Helmich, 937 P.2d 897 (Colo. App. 1997).   Prisoner incarcerated in county jail for punitive contempt is entitled to the benefit of earned good time credit. To the extent that the language of an order purports to limit “good time” credit, it is beyond the power of the court to do so. In re Helmich, 937 P.2d 897 (Colo. App. 1997).
CO Code § 18-1-1101 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1101. Definitions

 As used in this part 11, unless the context otherwise requires:    “Disposed of” means evidence is destroyed, thrown away, or returned to the owner or his or her designee.    “DNA” means deoxyribonucleic acid.    “DNA evidence” means all evidence collected by law enforcement in a criminal investigation, which evidence may be reasonably believed to contain DNA that is relevant to a disputed issue in the investigation and prosecution of the case.    “DNA profile” means an identifier obtained as a result of a specific DNA analysis.     History. Source: L. 2009: Entire part R&RE,(HB 09-1121), ch. 20, p. 97, § 1, effective March 18.    Editor's note:   This section is similar to former § 18-1-1101 as it existed prior to 2009.
CO Code § 18-1-1102 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1102. Scope

  The provisions of this part 11 shall apply to the preservation of DNA evidence only when:   The investigation of a felony does not result in or has not resulted in charges being filed; or    The filed charges resulted in a conviction for a class 1 felony or for a sex offense that carries an indeterminate sentence pursuant to section 18-1.3-1004; or    The filed charges resulted in a conviction for a felony not covered by paragraph (b) of this subsection (1); or    The filed charges resulted in a conviction for any offense not covered by paragraphs (b) and (c) of this subsection (1), and at least one of the charges filed involved a sex offense as defined in section 18-1.3-1003 (5).       For purposes of subsection (1) of this section, conviction shall include a verdict of guilty by a judge or jury, a plea of guilty or nolo contendere, or a deferred judgment and sentence. For purposes of paragraph (d) of subsection (1) of this section, conviction shall also include a juvenile delinquent adjudication or deferred adjudication.    This part 11 does not impose a statutory duty to retain or store evidence other than in the situations described in this section.     History. Source: L. 2009: Entire part R&RE,(HB 09-1121), ch. 20, p. 97, § 1, effective March 18.    Editor's note:   This section is similar to former § 18-1-1102 as it existed prior to 2009.
CO Code § 18-1-1103 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1103. Duty to Preserve Dna Evidence

  A law enforcement agency that collects DNA evidence in conducting a criminal investigation of a felony that does not result in or has not resulted in charges being filed shall preserve the DNA evidence for the length of the statute of limitations for the felony crime that was investigated.    Except as provided in sections 18-1-1105 to 18-1-1107, a law enforcement agency that collects DNA evidence in conducting a criminal investigation that results in a conviction listed in section 18-1-1102 (1) shall preserve the DNA evidence for the life of the defendant who is convicted.     History. Source: L. 2009: Entire part R&RE,(HB 09-1121), ch. 20, p. 98, § 1, effective March 18.    Editor's note:   This section is similar to former § 18-1-1102 as it existed prior to 2009.
CO Code § 18-1-1104 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1104. Manner and Location of Preservation of Dna Evidence

  When DNA evidence that is subject to preservation pursuant to section 18-1-1103 is processed for the development of a DNA profile, the DNA profile shall be preserved by the accredited laboratory in Colorado that develops the DNA profile. If the DNA profile is not developed by an accredited laboratory in Colorado, the laboratory that processes the DNA profile shall send the DNA profile to an accredited laboratory in Colorado for preservation.    A law enforcement agency that has custody of DNA evidence that is subject to preservation pursuant to section 18-1-1103 shall preserve the evidence in an amount and manner sufficient to develop a DNA profile, based on the best scientific practices at the time of collection, from the biological material contained in or included on the evidence. If DNA evidence is of such a size, bulk, or physical character as to render retention impracticable, the law enforcement agency shall remove and preserve portions of the evidence likely to contain DNA related to the offense in a quantity sufficient, based on the best scientific practices at the time of collection, to permit future DNA testing. The preserved DNA evidence shall, whenever possible, include a sample sufficient to allow for independent testing by the defendant. After preserving the necessary amount of the DNA evidence, the law enforcement agency may dispose of the remainder of the evidence.    If a law enforcement agency is asked to produce DNA evidence that is subject to preservation pursuant to section 18-1-1103 and cannot produce the evidence, the chief evidence custodian for the law enforcement agency shall provide an affidavit in which he or she describes, under penalty of perjury, the efforts taken to locate the DNA evidence and affirms that the DNA evidence could not be located.    If upon request a law enforcement agency cannot produce DNA evidence that is subject to preservation pursuant to section 18-1-1103, the court shall determine whether the disposal of the DNA evidence violated the defendant's due process rights, and, if so, the court shall order an appropriate remedy.     History. Source: L. 2009: Entire part R&RE,(HB 09-1121), ch. 20, p. 98, § 1, effective March 18.    Editor's note:   This section is similar to former § 18-1-1102 as it existed prior to 2009.   ANNOTATION   Defendant's due process rights not violated because of destruction of DNA evidence. Defendant failed to show that evidence possessed exculpatory value that was apparent before it was destroyed. People v. Young, 2014 COA 169 , 412 P.3d 676.
CO Code § 18-1-1106 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1106. Defendant Request for Disposition of or Waiver of Preservation of Dna Evidence - Procedures

  In a case described in section 18-1-1102 (1), a defendant may petition the court on his or her own behalf for the disposal of DNA evidence in his or her case. The defendant shall provide a copy of the petition to the district attorney, who may join with or object to the defendant's petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply. By filing a petition for disposition of DNA evidence, the defendant waives any right to preservation of that evidence under this part 11. However, a defendant may not be compelled to file a motion under this section in order to obtain a plea or sentence agreement.    In a case described in section 18-1-1102 (1), a defendant may waive his or her right to preservation of DNA evidence under this part 11 at any stage of the proceeding by making a knowing and voluntary waiver. A waiver executed as a part of a plea bargain or sentencing agreement shall be voluntarily agreed to by all parties and shall include a written list describing all evidence to be disposed of.     History. Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 101, § 1, effective March 18.
CO Code § 18-1-1107 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 1 - Provisions Applicable to Offenses Generally|Part 11 - Preservation of Dna Evidence|§ 18-1-1107. Victim Request for Disposition of Dna Evidence - Procedures

 In a case described in section 18-1-1102 (1) , if DNA evidence is being held that is the property of the victim, as defined in section 24-4.1-302 (5) , C.R.S., of the crime, the victim may request the district attorney to review whether the DNA evidence may be returned. If the district attorney determines the DNA evidence may be returned, the district attorney may file a petition with the court for the return of the DNA evidence. The district attorney shall provide notice to the defendant of the petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply.   History. Source: L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 102, § 1, effective March 18.