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.
Source: 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.
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.
Source: L. 71: R&RE, p. 404, � 1. C.R.S. 1963: � 40-1-602.
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.
Source: L. 71: R&RE, p. 404, � 1. C.R.S. 1963: � 40-1-603. L. 77: (1) amended, p. 960, � 3, effective July 1.