(1) Except as otherwise expressly provided by sections 18-1.3-402 and 18-1.3-504, or unless the context otherwise requires, the provisions of this code govern the construction of and punishment for any offense defined in any statute of this state, whether in this title or elsewhere, and which is committed on or after July 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.
(2) Except as otherwise provided by section 18-1-410, the provisions of this code do not apply to or govern the construction of, prosecution for, and punishment for any offense committed prior to July 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be tried and disposed of according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. All pending actions shall proceed to final disposition in the same manner as if this code had not been enacted.
(3) The provisions of this code do not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this code makes punishable; and the civil injury is not merged in the offense.
Source: L. 71: R&RE, p. 389, � 1. C.R.S. 1963: � 40-1-103. L. 73: p. 533, � 1. L. 95: (3) amended, p. 16, � 8, effective March 9. L. 2002: (1) amended, p. 1509, � 176, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
18-1-104. Offense defined - offenses classified - common-law crimes abolished. (1) The terms offense and crime are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.
(2) Each offense falls into one of nine classes, one of six drug offense levels, or one unclassified category. There are six classes of felonies as described in section 18-1.3-401 and four levels of drug felonies as described in section 18-1.3-401.5, two classes of misdemeanors as described in section 18-1.3-501 and two levels of drug misdemeanors as described in section 18-1.3-501, petty offenses as described in section 18-1.3-503, civil infractions as described in section 18-1.3-503, and the category of drug petty offense as described in section 18-1.3-501 (1)(e).
(3) Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state, but this provision does not affect the power of a court to punish for contempt, or to employ any sanction authorized by law for the enforcement of an order lawfully entered, or a civil judgment or decree; nor does it affect the use of case law as an interpretive aid in the construction of the provisions of this code.
Source: L. 71: R&RE, p. 389, � 1. C.R.S. 1963: � 40-1-104. L. 89: (2) amended, p. 829, � 39, effective July 1. L. 2002: (2) amended, p. 1510, � 177, effective October 1. L. 2014: (2) amended, (SB 14-163), ch. 391, p. 1969, � 5, effective June 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3166, � 177, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 343, � 16, effective March 1.
Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (2) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.