Title 18, Criminal Code

(1) This code shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely: (a) To define offenses, to define adequately the act and mental state which constitute each offense, to place limitations upon the condemnation of conduct as crimina…

(1) The purposes of this code with respect to sentencing are: (a) To punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense; (b) To assure the fair and consistent treatment of all convicted offenders by elimi…

(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 elsewhe…

(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. The…

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 i…

(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 offen…

(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…

(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…

(1) A law enforcement agency may not request permission to dispose of DNA evidence in cases described in section 18-1-1102 (1)(a) and (1)(b). (2) In cases described in section 18-1-1102 (1)(c) and (1)(d), a law enforcement agency may seek to dispose of DNA evidence by providing n…

(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 defen…

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 dist…

(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 t…

(1) A person is subject to prosecution in this state for an offense which he commits, by his own conduct or that of another for which he is legally accountable, if: (a) The conduct constitutes an offense and is committed either wholly or partly within the state; or (b) The conduc…

(1) Except as otherwise provided by law, criminal actions shall be tried in the county where the offense was committed, or in any other county where an act in furtherance of the offense occurred. (2) If a person committing an offense upon the person of another is in one county an…

(1) If a prosecution is for a violation of the same provision of law and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances: (a) The former prosecution resulted in an acquittal. There is an acquittal if t…

(1) Although a prosecution is for a violation of a different provision of law than a former prosecution or is based on different facts, it is barred by the former prosecution under the following circumstances: (a) The former prosecution resulted in an acquittal or a conviction as…

(1) If conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States, or another state, or of a municipality, a prosecution in any other of these jurisdictions is a bar to a subsequent prosecution in this state under either of the follow…

(1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution: (a) Was before a court that lacked jurisdiction over the defendant or the offense; or (b) Was procured by the defendant without the knowledge of the appropriate p…

It is the intent of this part 4 to confer upon every person accused of an offense the benefits arising from said part 4 as a matter of substantive right, in implementation of minimum standards of criminal justice within the concept of due process of law. Source: L. 71: R&RE, p. 3…

Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt. Source: L. 71: R&RE, p. 398, § 1. C.R.S. 1963: § 40-1-502. ANNOTATION I. General Consideration. II. Presumption of Inno…

All indigent persons who are charged with or held for the commission of a crime are entitled to legal representation and supporting services at state expense, to the extent and in the manner provided for in articles 1 and 2 of title 21, C.R.S. Source: L. 71: R&RE, p. 398, § 1. C.…

(1) Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the right to demand and receive a preliminary hearing within a reasonable time to determine whether probable cause exists to believe that the offe…

(1) Except as otherwise provided in this section, if a defendant is not brought to trial on the issues raised by the complaint, information, or indictment within six months from the date of the entry of a plea of not guilty, he shall be discharged from custody if he has not been …

(1) Except as otherwise provided in subsection (7) of this section, every person accused of a felony has the right to be tried by a jury of twelve whose verdict shall be unanimous. In matters involving misdemeanors, the accused is entitled to be tried by a jury of six. In matters…

(1) "Affirmative defense" means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue. (2) If the issue involved in an affirmative defense is raised, then the guilt of…

(1) When any conduct of a defendant establishes the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not be convicted of more than one offense if: (a) One offense is included in the other, as defined in subsection (5) of this sect…

(1) When a sentence is imposed upon any person following a conviction of any felony, other than a class 1 felony in which a death sentence is automatically reviewed pursuant to section 18-1.3-1201 (6) for an offense charged prior to July 1, 2020, or pursuant to section 18-1.3-130…

(1) Notwithstanding the fact that no review of a conviction of crime was sought by appeal within the time prescribed therefor, or that a judgment of conviction was affirmed upon appeal, every person convicted of a crime is entitled as a matter of right to make applications for po…

(1) The general assembly finds that: (a) A criminal defendant cannot challenge an unconstitutional guilty plea when that plea has been withdrawn and the underlying charges dismissed following the successful completion of a deferred judgment or the dismissal of charges pursuant to…

(1) The general assembly finds that: (a) Since the Colorado supreme court decision in People v. Pozo, 746 P.2d 523 (Colo. 1987), noncitizen defendants in Colorado have a constitutional right to effective assistance of counsel that requires defense counsel who knows the client is …

(1) (a) An individual may file a motion with the court where a conviction was obtained against the individual requesting that the conviction be vacated if the underlying offense resulting in the conviction was committed as a result of the individual being a victim of human traffi…

As used in this section and in sections 18-1-412 to 18-1-416, unless the context otherwise requires: (1) Repealed. (2) "Actual or constructive possession" means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or…

(1) An eligible person may apply at any time to the district court in the district where the conviction was secured for DNA testing concerning the conviction and sentence. (2) A motion filed pursuant to this section shall include specific facts sufficient to support a prima facie…

(1) The court shall order DNA testing if: (a) It finds a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution; (b) It finds by a preponderance of the evidence th…

(1) A petitioner shall not be entitled to relief based solely on an allegation that a law enforcement agency failed to preserve biological evidence. (2) (a) A court granting a motion for hearing pursuant to section 18-1-412 shall order the appropriate law enforcement agency to pr…

If the court orders DNA testing, the testing must be conducted by the Colorado bureau of investigation; except that the court, upon request of the petitioner and after the petitioner establishes good cause, may order testing by another testing laboratory or agency that conforms t…

(1) Notwithstanding any law or rule of procedure that bars a motion for postconviction review as untimely or successive, a petitioner may use the results of a DNA test ordered pursuant to section 18-1-413 as the grounds for filing a motion for postconviction review pursuant to se…

(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 …

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…

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, …

(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…

(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 af…

(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 o…

(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) W…

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. Source: L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-701. ANNOTATION Applied in People v. Calvaresi, 198 Colo. …

(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 commiss…