reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417) › Section 18-1-417 - Ineffective assistance of counsel claims - waiver of confidentiality

(1)
Notwithstanding any other provision of law, whenever a defendant alleges ineffective assistance of counsel, the defendant automatically waives any confidentiality, including attorney-client and work-product privileges, between counsel and defendant, and between the defendant or counsel and any expert witness retained or appointed in connection with the representation, but only with respect to the information that is related to the defendant's claim of ineffective assistance. After the defendant alleges ineffective assistance of counsel, the allegedly ineffective counsel and an expert witness may discuss with, may disclose any aspect of the representation that is related to the defendant's claim of ineffective assistance to, and may produce documents related to such representation that are related to the defendant's claim of ineffective assistance to the prosecution without the need for an order by the court that confidentiality has been waived.
(2)
If the allegedly ineffective counsel or an expert witness has released his or her file or a portion thereof to defendant or defendant's current counsel, defendant or current counsel shall permit the prosecution to inspect and copy any or all portions of the file that are related to the defendant's claim of ineffective assistance upon request of the prosecution.
L. 2005: Entire section added, p. 424, § 2, effective April 29.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 5 - PRINCIPLES OF CRIMINAL CULPABILITY (§§ 18-1-501 — 18-1-505) › Section 18-1-501 - Definitions

The following definitions are applicable to the determination of culpability requirements for offenses defined in this code:
(1)
"Act" means a bodily movement, and includes words and possession of property.
(2)
"Conduct" means an act or omission and its accompanying state of mind or, where relevant, a series of acts or omissions.
(3)
"Criminal negligence". A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
(4)
"Culpable mental state" means intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal negligence, as these terms are defined in this section.
(5)
"Intentionally" or "with intent". All offenses defined in this code in which the mental culpability requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A person acts "intentionally" or "with intent" when his conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.
(6)
"Knowingly" or "willfully". All offenses defined in this code in which the mental culpability requirement is expressed as "knowingly" or "willfully" are declared to be general intent crimes. A person acts "knowingly" or "willfully" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts "knowingly" or "willfully", with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.
(7)
"Omission" means a failure to perform an act as to which a duty of performance is imposed by law.
(8)
"Recklessly". A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
(9)
"Voluntary act" means an act performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.
L. 71: R&RE, p. 403, § 1. C.R.S. 1963: § 40-1-601. L. 75: (3), (5), (6), and (8) R&RE, p. 616, § 1, effective July 21. L. 77: (4) amended and (5) and (6) R&RE, p. 959, §§ 1, 2, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 5 - PRINCIPLES OF CRIMINAL CULPABILITY (§§ 18-1-501 — 18-1-505) › Section 18-1-502 - Requirements for criminal liability in general and for offenses of strict liability and of mental culpability

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of "strict liability". If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of "mental culpability".
L. 71: R&RE, p. 404, § 1. C.R.S. 1963: § 40-1-602.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 5 - PRINCIPLES OF CRIMINAL CULPABILITY (§§ 18-1-501 — 18-1-505) › Section 18-1-503 - Construction of statutes with respect to culpability requirements

(1)
When the commission of an offense, or some element of an offense, requires a particular culpable mental state, that mental state is ordinarily designated by use of the terms "intentionally", "with intent", "knowingly", "willfully", "recklessly", or "criminal negligence" or by use of the terms "with intent to defraud" and "knowing it to be false" describing a specific kind of intent or knowledge.
(2)
Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such a culpable mental state.
(3)
If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly, or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly or intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally.
(4)
When a statute defining an offense prescribes as an element thereof a specified culpable mental state, that mental state is deemed to apply to every element of the offense unless an intent to limit its application clearly appears.
L. 71: R&RE, p. 404, § 1. C.R.S. 1963: § 40-1-603. L. 77: (1) amended, p. 960, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 5 - PRINCIPLES OF CRIMINAL CULPABILITY (§§ 18-1-501 — 18-1-505) › Section 18-1-503.5 - Principles of criminal culpability

(1)
If the criminality of conduct depends on a child being younger than eighteen years of age and the child was in fact at least fifteen years of age, it shall be an affirmative defense that the defendant reasonably believed the child to be eighteen years of age or older. This affirmative defense shall not be available if the criminality of conduct depends on the defendant being in a position of trust.
(2)
If the criminality of conduct depends on a child's being younger than eighteen years of age and the child was in fact younger than fifteen years of age, there shall be no defense that the defendant reasonably believed the child was eighteen years of age or older.
(3)
If the criminality of conduct depends on a child being younger than fifteen years of age, it shall be no defense that the defendant did not know the child's age or that the defendant reasonably believed the child to be fifteen years of age or older.
L. 2001: Entire section added, p. 859, § 6, effective July 1. L. 2007: (1) amended, p. 1687, § 4, 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 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 5 - PRINCIPLES OF CRIMINAL CULPABILITY (§§ 18-1-501 — 18-1-505) › Section 18-1-504 - Effect of ignorance or mistake upon culpability

(1)
A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless:
(a)
It negatives the existence of a particular mental state essential to commission of the offense; or
(b)
The statute defining the offense or a statute relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or
(c)
The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in sections
18-1-701
to
18-1-707
.
(2)
A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless the conduct is permitted by one or more of the following:
(a)
A statute or ordinance binding in this state;
(b)
An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant the permission under the laws of the state of Colorado;
(c)
An official written interpretation of the statute or law relating to the offense, made or issued by a public servant, agency, or body legally charged or empowered with the responsibility of administering, enforcing, or interpreting a statute, ordinance, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the state of Colorado.
(3)
Any defense authorized by this section is an affirmative defense.
L. 71: R&RE, p. 404, § 1. C.R.S. 1963: § 40-1-604.
For other provisions concerning affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 through 18 of this title 18.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 5 - PRINCIPLES OF CRIMINAL CULPABILITY (§§ 18-1-501 — 18-1-505) › Section 18-1-505 - Consent

(1)
The consent of the victim to conduct charged to constitute an offense or to the result thereof is not a defense unless the consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
(2)
When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent to that conduct or to the infliction of that injury is a defense only if the bodily injury consented to or threatened by the conduct consented to is not serious, or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport, or the consent establishes a justification under sections
18-1-701
to
18-1-707
.
(3)
Unless otherwise provided by this code or by the law defining the offense, assent does not constitute consent if:
(a)
It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or
(b)
It is given by a person who, by reason of immaturity, behavioral or mental health disorder, or intoxication, is manifestly unable and is known or reasonably should be known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
(c)
It is given by a person whose consent is sought to be prevented by the law defining the offense; or
(d)
It is induced by force, duress, or deception.
(4)
Any defense authorized by this section is an affirmative defense.
Amended by 2017 Ch. 263,§ 138, eff. 5/25/2017.
L. 71: R&RE, p. 405, § 1. C.R.S. 1963: § 40-1-605. L. 81: (2) amended, p. 980, § 1, effective May 13. L. 2017: (3)(b) amended, (SB 17-242), ch. 263, p. 1305, § 138, effective May 25.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 6 - PARTIES TO OFFENSES - ACCOUNTABILITY (§§ 18-1-601 — 18-1-607) › Section 18-1-601 - Liability based upon behavior

A person is guilty of an offense if it is committed by the behavior of another person for which he is legally accountable as provided in sections
18-1-602
to
18-1-607
.
L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-701.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 6 - PARTIES TO OFFENSES - ACCOUNTABILITY (§§ 18-1-601 — 18-1-607) › Section 18-1-602 - Behavior of another

(1)
A person is legally accountable for the behavior of another person if:
(a)
He is made accountable for the conduct of that person by the statute defining the offense or by specific provision of this code; or
(b)
He acts with the culpable mental state sufficient for the commission of the offense in question and he causes an innocent person to engage in such behavior.
(2)
As used in subsection (1) of this section, "innocent person" includes any person who is not guilty of the offense in question, despite his behavior, because of duress, legal incapacity or exemption, or unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose, or any other factor precluding the mental state sufficient for the commission of the offense in question.
L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-702.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 6 - PARTIES TO OFFENSES - ACCOUNTABILITY (§§ 18-1-601 — 18-1-607) › Section 18-1-603 - Complicity

A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense.
L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-703. L. 97: Entire section amended, p. 1540, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 6 - PARTIES TO OFFENSES - ACCOUNTABILITY (§§ 18-1-601 — 18-1-607) › Section 18-1-604 - Exemptions from liability based upon behavior of another

(1)
Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting an offense if he is a victim of that offense or the offense is so defined that his conduct is inevitably incidental to its commission.
(2)
It shall be an affirmative defense to a charge under section
18-1-603
if, prior to the commission of the offense, the defendant terminated his effort to promote or facilitate its commission and either gave timely warning to law enforcement authorities or gave timely warning to the intended victim.
L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-704.
For other provisions concerning 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 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 6 - PARTIES TO OFFENSES - ACCOUNTABILITY (§§ 18-1-601 — 18-1-607) › Section 18-1-605 - Liability based on behavior of another - no defense

In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to sections
18-1-601
to
18-1-604
, it is no defense that the other person has not been prosecuted for or convicted of any offense based upon the behavior in question or has been convicted of a different offense or degree of offense, or the defendant belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.
L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-705.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 6 - PARTIES TO OFFENSES - ACCOUNTABILITY (§§ 18-1-601 — 18-1-607) › Section 18-1-607 - Criminal liability of an individual for corporate conduct

A person is criminally liable for conduct constituting an offense which he performs or causes to occur in the name of or in behalf of a corporation to the same extent as if that conduct were performed or caused by him in his own name or behalf.
L. 71: R&RE, p. 407, § 1. C.R.S. 1963: § 40-1-707.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-701 - Execution of public duty

(1)
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.
(2)
A "provision of law" and a "judicial decree" in subsection (1) of this section mean:
(a)
Laws defining duties and functions of public servants;
(b)
Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
(c)
Laws governing the execution of legal process;
(d)
Laws governing the military service and conduct of war;
(e)
Judgments and orders of court.
L. 71: R&RE, p. 407, § 1. C.R.S. 1963: § 40-1-801.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-702 - Choice of evils

(1)
Unless inconsistent with other provisions of sections
18-1-703
to
18-1-707
, 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 necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
(2)
The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.
L. 71: R&RE, p. 407, § 1. C.R.S. 1963: § 40-1-802.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-704.5 - Use of deadly physical force against an intruder

(1)
The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
(2)
Notwithstanding the provisions of section
18-1-704
, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
(3)
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
(4)
Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.
(5)
As used in this section, unless the context otherwise requires, "dwelling" does not include any place of habitation in a detention facility, as defined in section
18-8-211(4)
.
Amended by 2016 Ch. 87,§ 1, eff. 8/10/2016.
L. 85: Entire section added, p. 662, § 1, effective June 6. L. 2016: (5) added, (HB 16-1190), ch. 87, p. 245, § 1, effective August 10.
For limitations on civil suits against persons using physical force in defense of a person or to prevent the commission of a felony, see § 13-80-119.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 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.
L. 71: R&RE, p. 409, § 1. C.R.S. 1963: § 40-1-805.
For first degree arson, see § 18-4-102.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 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
.
L. 71: R&RE, p. 409, § 1. C.R.S. 1963: § 40-1-806.
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.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 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
.
Added by 2017 Ch. 127,§ 2, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1179), ch. 127, p. 436, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-708 - Duress

A person may not be convicted of an offense, other than a class 1 felony, based upon conduct in which he engaged at the direction of another person because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally or recklessly places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof. The choice of evils defense, provided in section
18-1-702
, shall not be available to a defendant in addition to the defense of duress provided under this section unless separate facts exist which warrant its application.
L. 71: R&RE, p. 411, § 1. C.R.S. 1963: § 40-1-808. L. 88: Entire section amended, p. 712, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-709 - Entrapment

The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender's fear of detection are used.
L. 71: R&RE, p. 411, § 1. C.R.S. 1963: § 40-1-809.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 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.
L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-810.
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.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-712.3 - Possession of opioid antagonist - insufficient for probable cause

The mere presence of a drug approved by the federal food and drug administration for opioid overdose reversal is not indicative of a crime and shall not be used to support probable cause.
Added by 2024 Ch. 458,§ 4, eff. 6/6/2024.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-713 - Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses

(1)
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)
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
(b)
Forced or coerced into engaging in the criminal act charged.
Added by 2019 Ch. 147,§ 5, eff. 5/6/2019.
L. 2019: Entire section added, (SB 19-185), ch. 1766, p. 1766, § 5, effective May 6.
For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 8 - RESPONSIBILITY (§§ 18-1-801 — 18-1-805) › Section 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.
L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-901.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 8 - RESPONSIBILITY (§§ 18-1-801 — 18-1-805) › Section 18-1-802 - Insanity

(1)
(a)
A person who is insane, as defined in section
16-8-101
, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section
16-8-103
, C.R.S.
(b)
This subsection (1) applies to offenses committed before July 1, 1995.
(2)
(a)
A person who is insane, as defined in section
16-8-101.5
, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section
16-8-103
, C.R.S.
(b)
This subsection (2) shall apply to offenses occurring on or after July 1, 1995.
L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-902. L. 72: p. 268, § 7. L. 96: Entire section amended, p. 5, § 4, effective January 31.
(1) For pleading the defense of insanity, see Crim. P. 11(e). (2) For the legislative intent of the 1996 amendments to this section, see § 16-8-101.3.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 8 - RESPONSIBILITY (§§ 18-1-801 — 18-1-805) › Section 18-1-803 - Impaired mental condition

(1)
Evidence of an impaired mental condition, as defined in section
16-8-102
(2.7), C.R.S., though not legal insanity may be offered in a proper case as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged.
(2)
An intention to assert the affirmative defense of impaired mental condition shall be made pursuant to section
16-8-103.5
, C.R.S.
(3)
When the affirmative defense of impaired mental condition has been raised, the jury will be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges which are before the court. If the trier of fact concludes that guilt has been proven beyond a reasonable doubt as to one or more of the felony charges submitted for consideration, the special interrogatories shall not be answered. Upon completion of its deliberations on the felony charges as previously set forth in this subsection (3), the trier of fact shall consider any other charges before the court in a similar manner; except that it shall not answer the special interrogatories regarding such charges if it has previously found guilt beyond a reasonable doubt with respect to one or more felony charges. The interrogatories shall provide for specific findings of the jury with respect to the affirmative defense of impaired mental condition in accordance with the Colorado rules of criminal procedure. When the court sits as the trier of fact, it shall enter appropriate specific findings with respect to the affirmative defense of impaired mental condition. If the trier of fact finds that the defendant is not guilty by reason of the affirmative defense of impaired mental condition, the court shall commit the defendant to the department of human services pursuant to section
16-8-103.5(5)
, C.R.S.
(4)
This section shall apply to offenses committed before July 1, 1995.
L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-903. L. 83: Entire section amended, p. 677, § 11, effective July 1. L. 94: (3) amended, p. 2654, § 136, effective July 1. L. 96: (4) added, p. 5, § 5, effective January 31.
(1) For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 to 18 of this title 18. (2) For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 8 - RESPONSIBILITY (§§ 18-1-801 — 18-1-805) › Section 18-1-804 - Intoxication

(1)
Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negative the existence of a specific intent if such intent is an element of the crime charged.
(2)
Intoxication does not, in itself, constitute mental disease or defect within the meaning of section
18-1-802
.
(3)
A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.
(4)
"Intoxication", as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.
(5)
"Self-induced intoxication" means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime.
L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-904.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 8 - RESPONSIBILITY (§§ 18-1-801 — 18-1-805) › Section 18-1-805 - Responsibility - affirmative defense

The issue of responsibility under sections
18-1-801
to
18-1-804
is an affirmative defense.
L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-905.
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.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 10 - ORDERS AND PROCEEDINGS AGAINST DEFENDANT (§§ 18-1-1001 — 18-1-1002) › Section 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.
L. 94: Entire section added, p. 1717, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1101 - Definitions

As used in this part 11, unless the context otherwise requires:
(1)
"Disposed of" means evidence is destroyed, thrown away, or returned to the owner or his or her designee.
(2)
"DNA" means deoxyribonucleic acid.
(3)
"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.
(4)
"DNA profile" means an identifier obtained as a result of a specific DNA analysis.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 97, §1, effective March 18.
This section is similar to former § 18-1-1101 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1102 - Scope

(1)
The provisions of this part 11 shall apply to the preservation of DNA evidence only when:
(a)
The investigation of a felony does not result in or has not resulted in charges being filed; or
(b)
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
(c)
The filed charges resulted in a conviction for a felony not covered by paragraph (b) of this subsection (1); or
(d)
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)
.
(2)
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.
(3)
This part 11 does not impose a statutory duty to retain or store evidence other than in the situations described in this section.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 97, §1, effective March 18.
This section is similar to former § 18-1-1102 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1103 - Duty to preserve DNA evidence

(1)
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.
(2)
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.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 98, §1, effective March 18.
This section is similar to former § 18-1-1102 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1104 - Manner and location of preservation of DNA evidence

(1)
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.
(2)
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.
(3)
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.
(4)
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.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 98, §1, effective March 18.
This section is similar to former § 18-1-1102 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1106 - Defendant request for disposition of or waiver of preservation of DNA evidence - procedures

(1)
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.
(2)
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.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 101, §1, effective March 18.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 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.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 102, §1, effective March 18.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 11 - PRESERVATION OF DNA EVIDENCE (§§ 18-1-1101 — 18-1-1109) › Section 18-1-1108 - Notice - form and sufficiency

(1)
Notice to the defendant as required by this part 11 shall be proper if it is sent by United States mail or hand-delivered to the attorney of record for the defendant as defined in rule 44 of the Colorado rules of criminal procedure. If there is no attorney of record, notice to the defendant shall be proper if it is sent by United States mail to the last-known address of the defendant as reflected in the current motor vehicle records or, if no such record exists, the last-known address in the court file. Prior to sending notice by United States mail, however, the district attorney shall first review the department of corrections records to determine whether the defendant is in the physical custody of the department of corrections or on parole. If the defendant is in the physical custody of the department of corrections or on parole, the district attorney shall send notice by United States mail to the correctional facility in which, according to the department's records, the defendant is housed or to the address to which the defendant has been paroled. If the letter is returned because the defendant has been transferred to a different correctional facility, the district attorney shall send notice to the new facility in which the defendant is housed.
(2)
The department of public safety, in consultation with state and local law enforcement agencies, shall develop a form to be used by all law enforcement agencies for providing notice to the district attorney and the defendant as described in section
18-1-1105(2)
.
L. 2009: Entire part R&RE, (HB 09-1121), ch. 20, p. 102, §1, effective March 18.