reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 14 - COMPETENCY OF PERSONS TO BE EXECUTED (§§ 18-1.3-1401 — 18-1.3-1407) › Section 18-1.3-1401 - Definitions

As used in this part 14, unless the context otherwise requires:
(1)
"Colorado mental health institute" means the Colorado mental health institute at Pueblo.
(2)
"Mentally incompetent to be executed" means that, due to a mental disease or defect, a person who has been sentenced to death is presently unaware that he or she is to be punished for the crime of murder or that the impending punishment for that crime is death.
L. 2002: Entire article added with relocations, p. 1459, § 2, effective October 1.
This section is similar to former § 16-8-301 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 14 - COMPETENCY OF PERSONS TO BE EXECUTED (§§ 18-1.3-1401 — 18-1.3-1407) › Section 18-1.3-1402 - Mental competency to be executed - presumptions

(1)
A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed.
(2)
Any convicted person who is sentenced to death is presumed mentally competent to be executed. A convicted person may be found mentally incompetent to be executed only on clear and convincing evidence of such condition. The party asserting that the convicted person is mentally incompetent to be executed bears the burden of proof regarding such condition and the burden of producing evidence of such condition.
L. 2002: Entire article added with relocations, p. 1459, § 2, effective October 1.
This section is similar to former § 16-8-302 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 14 - COMPETENCY OF PERSONS TO BE EXECUTED (§§ 18-1.3-1401 — 18-1.3-1407) › Section 18-1.3-1405 - Mentally incompetent to be executed - untimely or successive motions

(1)
A motion raising the issue of whether a convicted person is mentally incompetent to be executed that is filed pursuant to section
18-1.3-1404
fewer than thirty-five days before the scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:
(a)
At least one affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that states the physician's, psychiatrist's, or psychologist's opinion that the convicted person is mentally incompetent to be executed; and
(b)
A statement that establishes good cause for the failure to file the motion in a timely manner.
(2)
(a)
Except as provided in paragraph (b) of this subsection (2), if the court has determined, pursuant to section
18-1.3-1404
or
18-1.3-1406(3)
, that a convicted person is not mentally incompetent to be executed, no further consideration of the convicted person's mental incompetence to be executed may be granted by the court.
(b)
A successive motion raising the issue of whether a convicted person is mentally incompetent to be executed may be filed only if the successive motion is accompanied by an affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that shows a substantial change of circumstances since the previous motion was denied or the prior determination of restoration to competency to be executed was made and the showing is sufficient to raise a significant question regarding whether the convicted person is mentally incompetent to be executed.
L. 2002: Entire article added with relocations, p. 1462, § 2, effective October 1. L. 2012: IP(1) amended, (SB 12-175), ch. 208, p. 870, § 124, effective July 1.
This section is similar to former § 16-8-305 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 14 - COMPETENCY OF PERSONS TO BE EXECUTED (§§ 18-1.3-1401 — 18-1.3-1407) › Section 18-1.3-1406 - Persons mentally incompetent to be executed - restoration to competency

(1)
The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person's attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer mentally incompetent to be executed.
(2)
At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by clear and convincing evidence shall be upon the party asserting that the convicted person is mentally competent to be executed.
(3)
At the hearing, the court shall determine whether the convicted person is mentally competent to be executed and, if so, shall order that the execution be conducted according to the original warrant issued pursuant to section
18-1.3-1205
, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.
L. 2002: Entire article added with relocations, p. 1463, § 2, effective October 1.
This section is similar to former § 16-8-306 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 14 - COMPETENCY OF PERSONS TO BE EXECUTED (§§ 18-1.3-1401 — 18-1.3-1407) › Section 18-1.3-1407 - Appeal of determination of mental incompetency to be executed

(1)
Within seven days after the district court rules on a motion raising the issue of whether a convicted person is mentally incompetent to be executed filed pursuant to this part 14, a party may file with the Colorado supreme court a petition to obtain a review of the district court's decision and requesting a stay of execution pending the review.
(2)
The supreme court shall expedite its review of the district court's decision and, if the designated week of execution in an existing warrant of conviction has not passed, shall not take more than seven days to render its decision.
L. 2002: Entire article added with relocations, p. 1463, § 2, effective October 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 871, § 125, effective July 1.
This section is similar to former § 16-8-307 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.4 - CLASS 1 FELONIES COMMITTED - JULY 1, 1995, THROUGH JULY 12, 2002 (§§ 18-1.4-101 — 18-1.4-102) › Section 18-1.4-101 - Applicability of procedure for the imposition of sentences in class 1 felony cases

(1)
It is the expressed intention of the general assembly that there be no hiatus in the imposition of the death penalty as a sentence for the commission of a class 1 felony in the state of Colorado as a result of the holding of the United States supreme court in
Ring v. Arizona,
536 U.S. 584
(2002). Toward that end, the provisions of section
16-11-103
, C.R.S., as it existed prior to the passage of Senate Bill 95-54, enacted at the first regular session of the sixtieth general assembly, are reenacted as section
18-1.4-102
, and are hereby made applicable to offenses committed on or after July 1, 1995, and prior to July 12, 2002.
(2)
It is the expressed intention of the general assembly that the adoption of section
18-1.4-102
shall not be construed by any court as a legislative statement that the provisions of Senate Bill 95-54, enacted at the first regular session of the sixtieth general assembly, are unconstitutional in any way or that any death sentence obtained pursuant to the provisions of Senate Bill 95-54, enacted at the first regular session of the sixtieth general assembly, is invalid in any way.
(3)
It is the expressed intention of the general assembly that this article is independent from section
16-11-103
, C.R.S., as it existed prior to October 1, 2002, and section
18-1.3-1201
and that, if any provision of this article or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the application of section
16-11-103
, C.R.S., as it existed prior to October 1, 2002, and section
18-1.3-1201
to any offense committed on or after the effective date of amendments to said sections enacted at the third extraordinary session of the sixty-third general assembly.
L. 2002, 3rd Ex. Sess.: Entire article added, p. 16, § 12, effective July 12. L. 2005: (1) amended, p. 766, § 27, effective June 1.
For the legislative declaration contained in the 2002 act enacting this article, see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.5 - [Repealed] (§ 18-1.5-101) › Section 18-1.5-101 - to 18-1.5-105 - [Repealed]

(1) This article was added in 1989.
(2) Section 18-1.5-105 provided for the repeal of this article, effective March 15, 1994. (See L. 89, p. 833.)
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.7 - [Repealed] (§ 18-1.7-101) › Section 18-1.7-101 - to 18-1.7-106 - [Repealed]

(1) This article was added in 2000 and was not amended prior to its repeal in 2003. For the text of this article prior to 2003, consult the 2002 Colorado Revised Statutes.
(2) Section 18-1.7-106 provided for the repeal of this article, effective July 1, 2003. (See L. 2000, p. 1567.)
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.8 - [Repealed] (§ 18-1.8-101) › Section 18-1.8-101 - [Repealed]

L. 2012: Entire article repealed, (HB 12-1151), ch. 174, p. 621, § 1, effective August 8.
This article was added in 2005 and consisted of only § 18-1.8-101 and was not amended prior to its repeal in 2012.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.9 - CONTINUING EXAMINATION OF THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS (§§ 18-1.9-101 — 18-1.9-107) › Section 18-1.9-102 - Definitions

As used in this article 1.9, unless the context otherwise requires:
(1)
"Behavioral health" refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health problems and disorders include substance use disorders, serious psychological distress, suicide, depression, and other mental health disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and treatable diseases are included in the term "behavioral health". The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health, prevention and treatment services for mental health and substance use disorders, and recovery support.
(2)
"Co-occurring disorder" means a disorder that commonly coincides with mental health disorders and may include, but is not limited to, substance abuse and substance use disorders, behavioral health disorders, intellectual and developmental disabilities, fetal alcohol syndrome, and traumatic brain injury.
(3)
"Legislative oversight committee" or "committee" means the legislative oversight committee concerning the treatment of persons with behavioral health disorders in the criminal and juvenile justice systems established pursuant to section
18-1.9-103
.
(4)
"Previous task force" means the task force concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems that existed prior to July 1, 2022.
(5)
"Task force" means the task force concerning the treatment of persons with behavioral health disorders in the criminal and juvenile justice systems established pursuant to section
18-1.9-104
.
Amended by 2022 Ch. 471,§1, eff. 6/8/2022.
Amended by 2017 Ch. 176,§2, eff. 4/28/2017.
Amended by 2014 Ch. 348,§1, eff. 7/1/2014.
L. 2004: Entire article added, p. 1868, § 1, effective June 4. L. 2009: (1.5) added, (HB 09-1021), ch. 33, p. 139, §1, effective August 5. L. 2014: (2) amended, (SB 14-021), ch. 348, p. 1562, § 1, effective July 1. L. 2017: Entire section amended, (SB 17-246), ch. 176, p. 641, § 2, effective April 28.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.9 - CONTINUING EXAMINATION OF THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS (§§ 18-1.9-101 — 18-1.9-107) › Section 18-1.9-105 - Task force funding - staff support

(1)
The legislative council staff shall supply staff assistance, within existing appropriations, to the task force as the committee deems appropriate. If existing appropriations are not adequate to supply staff assistance through the legislative council staff, the director of legislative council staff shall request additional necessary funding in its annual budget request.
(2)
The division of criminal justice in the department of public safety, the behavioral health administration in the department of human services, and any state department or agency with an active representative on the task force are authorized to receive and expend gifts, grants, and donations, including donations of in-kind services for staff support, from any public or private entity for any direct or indirect costs associated with the duties of the task force.
Amended by 2022 Ch. 471, § 1, eff. 6/8/2022.
Amended by 2022 Ch. 222, § 252, eff. 7/1/2022.
Amended by 2022 Ch. 222, § 29, eff. 7/1/2022.
Amended by 2018 Ch. 274, § 24, eff. 5/29/2018.
Amended by 2017 Ch. 25, § 2, eff. 8/9/2017.
Amended by 2014 Ch. 348, § 4, eff. 7/1/2014.
L. 2004: Entire article added, p. 1874, § 1, effective June 4. L. 2014: (2) amended, (SB 14-021), ch. 348, p. 1565, § 4, effective July 1. L. 2017: Entire section amended, (HB 17-1020), ch. 25, p. 75, § 2, effective August 9. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1702, § 24, effective May 29.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.9 - CONTINUING EXAMINATION OF THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS (§§ 18-1.9-101 — 18-1.9-107) › Section 18-1.9-106 - Treatment of persons with behavioral health disorders in the criminal and juvenile justice systems fund

(1)
The treatment of persons with behavioral health disorders in the criminal and juvenile justice systems fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money appropriated or transferred to the fund by the general assembly and any private and public funds received through gifts, grants, or donations for the purpose of implementing the provisions of this article 1.9. Money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article 1.9. Money in the fund not expended for the purpose of implementing this article 1.9 may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The state treasurer shall transfer all unexpended and unencumbered money remaining in the fund as of July 1, 2025, to the general fund.
(2)
The chair of the executive committee of the legislative council shall approve any compensation provided for in sections
18-1.9-103(1)(g)
,
18-1.9-104(2)(h)
, and
18-1.9-105
for members of the general assembly, specified members of the task force, and staff assistance to the committee and task force, as provided by the director of research of the legislative council and the director of the office of legislative legal services. Compensation must be paid by vouchers and warrants drawn as provided by law from money appropriated for such purpose and allocated to the executive committee of the legislative council from the fund.
Amended by 2022 Ch. 471,§1, eff. 6/8/2022.
Amended by 2017 Ch. 25,§3, eff. 8/9/2017.
Amended by 2017 Ch. 176,§5, eff. 4/28/2017.
Amended by 2014 Ch. 348,§5, eff. 7/1/2014.
L. 2004: Entire article added, p. 1875, § 1, effective June 4. L. 2009: (1) amended, (HB 09-1021), ch. 33, p. 142, §6, effective August 5. L. 2014: (1) amended and (1.5) added, (SB 14-021), ch. 348, p. 1565, § 5, effective July 1. L. 2017: (1) amended and (1.3) added, (SB 17-246), ch. 176, p. 645, § 5, effective April 28; (1) amended, (HB 17-1020), ch. 25, p. 76, § 3, effective August 9.
(1) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2015. (See L. 2014, p. 1565.)
(2) Subsection (1) was amended by HB 17-1020 and was further amended by SB 17-246. Amendments to subsection (1) by SB 17-246 were effective April 28, 2017; however, amendments to subsection (1) by HB 17-1020 did not take effect until August 9, 2017.
(3) Subsection (1.3)(b) provided for the repeal of subsection (1.3), effective September 1, 2018. (See L. 2017, p. 645.)
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.9 - CONTINUING EXAMINATION OF THE TREATMENT OF PERSONS WITH BEHAVIORAL HEALTH DISORDERS WHO ARE INVOLVED IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS (§§ 18-1.9-101 — 18-1.9-107) › Section 18-1.9-107 - Repeal of article

This article 1.9 is repealed, effective July 1, 2027.
Amended by 2022 Ch. 471,§1, eff. 6/8/2022.
Amended by 2020 Ch. 129,§3, eff. 6/26/2020.
Amended by 2014 Ch. 348,§6, eff. 7/1/2014.
L. 2004: Entire article added, p. 1875, § 1, effective June 4. L. 2009: Entire section amended, (HB 09-1021), ch. 142, p. 142, § 7, effective August 5. L. 2014: Entire section amended, (SB 14-021), ch. 1566, p. 1566, § 6, effective July 1. L. 2020: Entire section amended, (SB 20-042), ch. 557, p. 557, § 3, effective June 26.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 2 - CRIMINAL CONSPIRACY (§§ 18-2-201 — 18-2-206) › Section 18-2-201 - Conspiracy

(1)
A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.
(2)
No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.
(3)
If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity.
(4)
If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.
(4.5)
Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section
18-1.3-406
is itself a crime of violence for the purposes of that section.
(5)
If a person conspires to commit a felony which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, the person commits a class 6 felony. If a person conspires to commit a misdemeanor which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, the person commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 191, eff. 3/1/2022.
L. 71: R&RE, p. 415, § 1. C.R.S. 1963: §
40-2-201
. L. 74: (5) added, p. 250, § 1, effective February 13. L. 89, 1st Ex. Sess.: (5) amended, p. 21, § 12, effective July 1. L. 95: (4.5) added, p. 1250, § 5, effective July 1. L. 2002: (4.5) amended, p. 1512, § 183, effective October 1. L. 2021: (5) amended, (SB 21-271), ch. 3172, p. 3172, § 191, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (4.5), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 2 - CRIMINAL CONSPIRACY (§§ 18-2-201 — 18-2-206) › Section 18-2-202 - Joinder and venue in conspiracy prosecutions

(1)
Subject to the provisions of subsection (2) of this section, two or more persons charged with criminal conspiracy may be prosecuted jointly if:
(a)
They are charged with conspiring with one another; or
(b)
They are charged with being involved in conspiracies that are so related as to constitute different aspects of a scheme of organized criminal conduct. In such case it is immaterial that the persons charged are not parties to the same conspiracy.
(2)
In any joint prosecution under subsection (1) of this section:
(a)
No defendant shall be charged with a conspiracy in any judicial district other than one in which he entered into the conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; and
(b)
Neither the liability of any defendant nor the admissibility against him of evidence of acts or declarations of another shall be enlarged by this joinder; and
(c)
The court shall order a severance or take a special verdict as to any defendant who so requests, if it deems it necessary or appropriate to promote the fair determination of his guilt or innocence.
L. 71: R&RE, p. 415, § 1. C.R.S. 1963: §
40-2-202
.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 2 - CRIMINAL CONSPIRACY (§§ 18-2-201 — 18-2-206) › Section 18-2-203 - Renunciation of criminal purpose

It is an affirmative defense to a charge of conspiracy that the offender, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal intent.
L. 71: R&RE, p. 416, § 1. C.R.S. 1963: §
40-2-203
.
For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 2 - CRIMINAL CONSPIRACY (§§ 18-2-201 — 18-2-206) › Section 18-2-204 - Duration of conspiracy

(1)
Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired.
(2)
Abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.
(3)
If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he gives timely notice to those with whom he conspired of his abandonment and the notice is evidenced by circumstances corroborating the giving of the same, or he informs the law enforcement authorities, having jurisdiction, of the existence of the conspiracy and of his participation therein.
L. 71: R&RE, p. 416, § 1. C.R.S. 1963: § 40-2-204.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 2 - CRIMINAL CONSPIRACY (§§ 18-2-201 — 18-2-206) › Section 18-2-205 - Incapacity, irresponsibility, or immunity of party to conspiracy

(1)
It is immaterial to the liability of a person who conspires with another to commit a crime that:
(a)
He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of the crime, if he believes that one of them does; or
(b)
The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.
L. 71: R&RE, p. 416, § 1. C.R.S. 1963: § 40-2-205.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 2 - CRIMINAL CONSPIRACY (§§ 18-2-201 — 18-2-206) › Section 18-2-206 - Penalties for criminal conspiracy - when convictions barred

(1)
Conspiracy to commit a class 1 felony is a class 2 felony; conspiracy to commit a class 2 felony is a class 3 felony; conspiracy to commit a class 3 felony is a class 4 felony; conspiracy to commit a class 4 felony is a class 5 felony; conspiracy to commit a class 5 or 6 felony is a class 6 felony.
(2)
A person may not be convicted of conspiracy to commit an offense if he is acquitted of the offense which is the object of the conspiracy where the sole evidence of conspiracy is the evidence establishing the commission of the offense which is the object of the conspiracy.
(3)
If the particular conduct charged to constitute a criminal conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither that conduct nor the offender presents a public danger warranting the grading of the offense under this section, the court may enter judgment and impose sentence for a crime of a lesser class or, in extreme cases, may dismiss the prosecution.
(4)
Conspiracy to commit a class 1 misdemeanor or class 2 misdemeanor is a class 2 misdemeanor.
(5)
Repealed.
(6)
Conspiracy to commit a petty offense is a crime of the same class as the offense itself.
(7)
(a)
Except as otherwise provided by law, conspiracy to commit a level 1 drug felony is a level 2 drug felony; conspiracy to commit a level 2 drug felony is a level 3 drug felony; conspiracy to commit a level 3 drug felony is a level 4 drug felony; and conspiracy to commit a level 4 drug felony is a level 4 drug felony.
(b)
Except as otherwise provided by law, conspiracy to commit a level 1 drug misdemeanor is a level 2 drug misdemeanor; and conspiracy to commit a level 2 drug misdemeanor is a level 2 drug misdemeanor.
Amended by 2021 Ch. 462, § 192, eff. 3/1/2022.
Amended by 2014 Ch. 391, § 15, eff. 7/1/2014.
Amended by 2013 Ch. 333, § 67, eff. 10/1/2013.
L. 71: R&RE, p. 416, § 1. C.R.S. 1963: § 40-2-206. L. 75: (1) amended and (4) to (6) added, p. 617, § 4, effective July 21. L. 89, 1st Ex. Sess.: (1) amended, p. 22, § 13, effective July 1. L. 2013: (7) added, (SB 13-250), ch. 1942, p. 1942, § 67, effective October 1. L. 2014: (7)(a) amended, (SB 14-163), ch. 391, p. 1975, § 15, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 3172, p. 3172, § 192, effective 3/1/2022; (5)(b) added by revision, (SB 21-271), ch. 462, pp. 3172, 3331, §§ 192, 803.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 3 - CRIMINAL SOLICITATION (§ 18-2-301) › Section 18-2-301 - Criminal solicitation

(1)
Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if he or she commands, induces, entreats, or otherwise attempts to persuade another person, or offers his or her services or another's services to a third person, to commit a felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that crime, and under circumstances strongly corroborative of that intent.
(2)
It is a defense to a prosecution under this section that, if the criminal object were achieved, the defendant would be the sole victim of the offense or the offense is so defined that his conduct would be inevitably incident to its commission or he otherwise would not be guilty under the statute defining the offense or under section
18-1-603
dealing with complicity.
(3)
It is no defense to a prosecution under this section that the person solicited could not be guilty of the offense because of lack of responsibility or culpability, or other incapacity.
(4)
It is an affirmative defense to a prosecution under this section that the defendant, after soliciting another person to commit a felony, persuaded him not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal intent.
(5)
Criminal solicitation is subject to the penalties provided for criminal attempt in section
18-2-101
.
L. 71: R&RE, p. 417, § 1. C.R.S. 1963: § 40-2-301. L. 98: (1) amended, p. 1443, § 29, effective July 1.
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 2 - INCHOATE OFFENSES (§§ 18-2-101 — 18-2-401) › Part 4 - RENUNCIATION AND ABANDONMENT (§ 18-2-401) › Section 18-2-401 - Nonavailability of defenses

(1)
Renunciation and abandonment are not voluntary and complete so as to be a defense to prosecution under this article if they are motivated in whole or in part by:
(a)
A belief that a circumstance exists which increases the probability of detection or apprehension of the defendant or another or which makes more difficult the consummation of the crime; or
(b)
A decision to postpone the crime until another time or to substitute another victim or another but similar objective.
L. 71: R&RE, p. 417, § 1. C.R.S. 1963: § 40-2-401.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 1 - HOMICIDE AND RELATED OFFENSES (§§ 18-3-101 — 18-3-107) › Section 18-3-101 - Definition of terms

As used in this part 1, unless the context otherwise requires:
(1)
"Homicide" means the killing of a person by another.
(2)
"Person", when referring to the victim of a homicide, means a human being who had been born and was alive at the time of the homicidal act.
(2.5)
One in a "position of trust" includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.
(3)
The term "after deliberation" means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.
L. 71: R&RE, p. 417, § 1. C.R.S. 1963: §
40-3-101
. L. 74: (1)(c) R&RE, p. 251, § 1, effective 1/1/1975. L. 95: (2.5) added, p. 1221, § 1, effective July 1.
For the statutory provision that declares that the withholding or withdrawal of life-sustaining procedures does not constitute suicide or homicide, see § 15-18-111 ; for the effect of homicide on probate matters, see § 15-11-803 .
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 1 - HOMICIDE AND RELATED OFFENSES (§§ 18-3-101 — 18-3-107) › Section 18-3-102 - Murder in the first degree

(1)
A person commits the crime of murder in the first degree if:
(a)
After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or
(b)
Repealed.
(c)
By perjury or subornation of perjury he procures the conviction and execution of any innocent person; or
(d)
Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or
(e)
He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section
18-18-407 (2)
, or
18-18-407 (1)(g)(I)
for offenses committed on or after October 1, 2013, and the death of such person is caused by the use of such controlled substance; or
(f)
The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.
(2)
Repealed.
(3)
Murder in the first degree is a class 1 felony.
(4)
The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for the crime of murder in the first degree as described in paragraph (f) of subsection (1) of this section.
Amended by 2021 Ch. 58, § 1, eff. 9/15/2021.
Amended by 2019 Ch. 390, § 12, eff. 8/2/2019.
L. 71: R&RE, p. 418, § 1. C.R.S. 1963: §
40-3-102
. L. 74: (1)(a) amended, p. 251, § 2, effective 1/1/1975. L. 75: (1)(b) amended, p. 632, § 5, effective July 1; (1)(b) amended, p. 617, § 5, effective July 21. L. 77: (1)(d) amended, p. 960, § 5, effective July 1. L. 81: (1)(d) amended, p. 973, § 4, effective July 1. L. 88: (1)(b) amended, p. 712, § 16, effective July 1. L. 90: (1)(e) added, p. 1006, § 2, effective July 1. L. 92: (1)(e) amended, p. 392, § 20, effective July 1. L. 95: (1)(f) and (4) added, pp. 1221, 1222, §§ 2, 3, effective July 1. L. 97: (1)(e) amended, p. 1543, § 11, effective July 1. L. 2000: (1)(b) amended, p. 703, § 28, effective July 1. L. 2019: (1)(e) amended, (SB 19-241), ch. 3465, p. 3465, § 12, effective August 2. L. 2021: (1)(b) and (2) repealed, (SB 21 -124), ch. 235, p. 235, § 1, effective September 15.
Section 6(2) of chapter 58 (SB 21-124), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 15, 2021.
2021 Ch. 58, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 ; for the statutory privilege between patient and physician and between husband and wife, see § 13-90-107 .
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 1 - HOMICIDE AND RELATED OFFENSES (§§ 18-3-101 — 18-3-107) › Section 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.)
(2)
Manslaughter is a class 4 felony.
(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.
L. 71: R&RE, p. 419, § 1. C.R.S. 1963: §
40-3-104
. L. 75: (1)(c) amended, p. 623, § 1, effective March 19; (1)(c) amended, p. 618, § 6, effective July 21. L. 79: (1)(c) amended, p. 726, § 3, effective July 1. L. 86: (1)(c) amended, p. 770, § 4, effective July 1. L. 93: Entire section amended, p. 1986, § 13, effective July 1. L. 94: (3) added, p. 1059, § 3, effective May 4. L. 96: (1)(b), (1)(c), and (2) amended, p. 1844, § 13, effective July 1. L. 2006: (4) added, p. 313, § 1, effective July 1. L. 2012: (4)(b)(II) amended, (HB 12-1332), ch. 238, p. 1059, § 15, effective August 8.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 1 - HOMICIDE AND RELATED OFFENSES (§§ 18-3-101 — 18-3-107) › Section 18-3-105 - Criminally negligent homicide

Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony.
L. 71: R&RE, p. 419, § 1. C.R.S. 1963: §
40-3-105
. L. 77: (1)(b) amended, p. 960, § 7, effective July 1. L. 81: Entire section R&RE, p. 973, § 5, effective July 1. L. 85: Entire section amended, p. 665, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 2 - ASSAULTS (§§ 18-3-201 — 18-3-210) › Section 18-3-204 - Assault in the third degree

(1)
A person commits the crime of assault in the third degree if:
(a)
The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or
(b)
The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
(2)
Repealed.
(3)
Assault in the third degree is a class 1 misdemeanor.
(4)
Repealed.
Amended by 2022 Ch. 68,§20, eff. 3/1/2022.
Amended by 2016 Ch. 304,§5, eff. 7/1/2016.
Amended by 2015 Ch. 337,§3, eff. 9/1/2015.
Amended by 2015 Ch. 109,§2, eff. 7/1/2015.
L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-204. L. 77: Entire section amended, p. 961, § 10, effective July 1. L. 2004: Entire section amended, p. 635, § 4, effective August 4. L. 2009: Entire section amended, (HB 09-1120), ch. 305, p. 1649, §1, effective July 1. L. 2011: (1)(b) amended and (4) added, (HB 11-1105), ch. 250, p. 1088, §2, effective August 10. L. 2012: (1)(b) amended, (HB 12-1059), ch. 271, p. 1435, § 13, effective July 1. L. 2015: (2) R&RE and (4) repealed, (SB 15-126), ch. 109, p. 317, § 2, effective July 1; (1)(b) amended and (4) repealed, (SB 15-067), ch. 337, p. 1367, § 3, effective September 1. L. 2016: (2) repealed, (HB 16-1393), ch. 304, p. 1226, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 2 - ASSAULTS (§§ 18-3-201 — 18-3-210) › Section 18-3-206 - Menacing

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.
Amended by 2021 Ch. 462, § 195, eff. 3/1/2022.
L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-206. L. 77: Entire section amended, p. 961, § 12, effective July 1. L. 2000: Entire section amended, p. 694, § 5, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3173, p. 3173, § 195, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 2 - ASSAULTS (§§ 18-3-201 — 18-3-210) › Section 18-3-207 - Criminal extortion - aggravated extortion

(1)
A person commits criminal extortion if:
(a)
The person, without legal authority and with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship or bodily injury to, or damage the property or reputation of, the threatened person or another person; and
(b)
The person threatens to cause the results described in paragraph (a) of this subsection (1) by:
(I)
Performing or causing an unlawful act to be performed; or
(II)
Invoking action by a third party, including, but not limited to, the state or any of its political subdivisions, whose interests are not substantially related to the interests pursued by the person making the threat.
(1.5)
A person commits criminal extortion if the person, with the intent to induce another person against that other person's will to give the person money or another item of value, or with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act, threatens to report to law enforcement officials the immigration status of the threatened person or another person.
(2)
A person commits aggravated criminal extortion if, in addition to the acts described in subsection (1) of this section, the person threatens to cause the results described in paragraph (a) of subsection (1) of this section by means of chemical, biological, or harmful radioactive agents, weapons, or poison.
(3)
For the purposes of this section, "substantial threat" means a threat that is reasonably likely to induce a belief that the threat will be carried out and is one that threatens that significant confinement, restraint, injury, or damage will occur.
(4)
Criminal extortion, as described in subsections (1) and (1.5) of this section, is a class 4 felony. Aggravated criminal extortion, as described in subsection (2) of this section, is a class 3 felony.
Amended by 2021 Ch. 158,§1, eff. 7/1/2021.
L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-207. L. 75: Entire section amended, p. 618, § 8, effective July 21. L. 81: Entire section amended, p. 981, § 4, effective May 13; entire section amended, p. 974, § 8, effective July 1. L. 82: (2) amended, p. 623, § 17, effective April 2. L. 94: Entire section R&RE, p. 1619, § 1, effective May 31. L. 2006, 1st Ex. Sess.: (1.5) added and (4) amended, p. 11, § 1, effective July 31. L. 2021: (1.5) amended, (HB 21-1057), ch. 903, p. 903, § 1, effective July 1.
(1) Amendments to this section by House Bill 81-1167 and Senate Bill 81-183 were harmonized.
(2) Section 2 of chapter 158 (HB 21-1057), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after July 1, 2021.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 2 - ASSAULTS (§§ 18-3-201 — 18-3-210) › Section 18-3-208 - Reckless endangerment

A person who recklessly engages in conduct that creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 196, eff. 3/1/2022.
L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-208. L. 2021: Entire section amended, (SB 21-271), ch. 3173, p. 3173, § 196, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 2 - ASSAULTS (§§ 18-3-201 — 18-3-210) › Section 18-3-209 - [Repealed]

L. 84: Entire section added, p. 542, § 2, effective April 12. L. 86: (2) amended, p. 777, § 4, effective July 1. L. 93: Entire section amended, p. 1634, § 18, effective July 1. L. 95: Entire section repealed, p. 1251, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 3 - OFFENSES AGAINST THE PERSON (§§ 18-3-101 — 18-3-602) › Part 2 - ASSAULTS (§§ 18-3-201 — 18-3-210) › Section 18-3-210 - Unlawfully aiming a laser device at an aircraft - definitions

(1)
A person who knowingly points, focuses, or aims the beam of a laser device at an aircraft in flight or on the ground while occupied, and the incident is reported by the pilot or a crew member of the impacted aircraft to a law enforcement officer or law enforcement agency, commits the offense of unlawfully aiming a laser device at an aircraft, which is a class 6 felony.
(2)
The offense described in subsection (1) of this section does not apply if the person:
(a)
Is an authorized individual conducting research and development or flight test operations for an aircraft manufacturer or the federal aviation administration, or any other person authorized by the federal aviation administration to conduct research and development or flight test operations;
(b)
Is a member of the United States department of defense or the United States department of homeland security acting in an official capacity for the purpose of research, development, operations, testing, or training; or
(c)
Uses a laser device with the intent of sending an emergency distress signal.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Aircraft" means a device manned by a person that is used or intended to be used for flight in the air.
(b)
"Laser device" means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam in the ultraviolet, visible, or infrared region of the spectrum.
Added by 2023 Ch. 29, § 1, eff. 7/1/2023.