Title 18, Criminal Code
0 chapters · 803 sections in this title.
Colo. Rev. Stat. § 18-1-501 Definitions
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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,…
Colo. Rev. Stat. § 18-1-502 Requirements for criminal liability in general and for offenses of strict liability and of mental culpability
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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, …
Colo. Rev. Stat. § 18-1-503 Construction of statutes with respect to culpability requirements
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(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…
Colo. Rev. Stat. § 18-1-503.5 Principles of criminal culpability
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(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…
Colo. Rev. Stat. § 18-1-504 Effect of ignorance or mistake upon culpability
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(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…
Colo. Rev. Stat. § 18-1-505 Consent
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(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…
Colo. Rev. Stat. § 18-1-601 Liability based upon behavior
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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.
Colo. Rev. Stat. § 18-1-602 Behavior of another
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(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…
Colo. Rev. Stat. § 18-1-603 Complicity
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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 offens…
Colo. Rev. Stat. § 18-1-604 Exemptions from liability based upon behavior of another
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(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.…
Colo. Rev. Stat. § 18-1-605 Liability based on behavior of another - no defense
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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…
Colo. Rev. Stat. § 18-1-606 Criminal liability of business entities - definitions
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(1) A business entity is guilty of an offense if: (a) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on the business entity by law; or (b) The conduct constituting the offense is engaged in, authorized,…
Colo. Rev. Stat. § 18-1-607 Criminal liability of an individual for corporate conduct
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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. Source: L. 71: R&RE, p. 407, � 1. C…
Colo. Rev. Stat. § 18-1-701 Execution of public duty
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(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 b…
Colo. Rev. Stat. § 18-1-702 Choice of evils
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(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 emergenc…
Colo. Rev. Stat. § 18-1-703 Use of physical force - special relationships
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(1) The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: (a) A parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent pers…
Colo. Rev. Stat. § 18-1-704 Use of physical force in defense of a person - definitions
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(1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that othe…
Colo. Rev. Stat. § 18-1-704.5 Use of deadly physical force against an intruder
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(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…
Colo. Rev. Stat. § 18-1-705 Use of physical force in defense of premises
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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 pre…
Colo. Rev. Stat. § 18-1-706 Use of physical force in defense of property
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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…
Colo. Rev. Stat. § 18-1-706.5 Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle
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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…
Colo. Rev. Stat. § 18-1-707 Use of force by peace officers - definitions
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(1) Peace officers, in carrying out their duties, shall apply nonviolent means, when possible, before resorting to the use of physical force. A peace officer may use physical force only if nonviolent means would be ineffective in effecting an arrest, preventing an escape, or prev…
Colo. Rev. Stat. § 18-1-708 Duress
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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 reas…
Colo. Rev. Stat. § 18-1-709 Entrapment
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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 purpo…
Colo. Rev. Stat. § 18-1-710 Affirmative defense
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The issues of justification or exemption from criminal liability under sections 18-1-701 to 18-1-709 are affirmative defenses. Source: L. 71: R&RE, p. 412, � 1. C.R.S. 1963: � 40-1-810. Cross references: For the affirmative defense of impaired mental condition, see �� 16-8-103.5 …
Colo. Rev. Stat. § 18-1-711 Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal
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(1) A person is immune from arrest and prosecution for an offense described in subsection (3) of this section if: (a) The person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider, or the per…
Colo. Rev. Stat. § 18-1-712 Immunity for a person who administers an opioid antagonist during an opioid-related drug overdose event - definitions
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(1) Legislative declaration. The general assembly hereby encourages the administration and distribution of opioid antagonists, including expired opioid antagonists, by persons and entities, including law enforcement personnel, school district personnel, and health-care providers,…
Colo. Rev. Stat. § 18-1-712.3 Possession of opioid antagonist - insufficient for probable cause
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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.
Colo. Rev. Stat. § 18-1-712.5 Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition
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(1) As used in this section, unless the context otherwise requires, “person” means: (a) A person who is the victim of an offense set forth in subsection (3) of this section; (b) A person who is a victim of human trafficking of a minor for sexual servitude pursuant to section 18-3…
Colo. Rev. Stat. § 18-1-713 Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses
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(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…
Colo. Rev. Stat. § 18-1-714 Protective hearing - victim’s, defendant’s, or witness’s gender identity, gender expression, or sexual orientation - definitions
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(1) Evidence of a victim’s, defendant’s, or witness’s actual or perceived gender identity, gender expression, or sexual orientation offered in relation to an affirmative defense or pursuant to rule 404 of the Colorado rules of evidence may be admissible only at trial and shall no…
Colo. Rev. Stat. § 18-1-801 Insufficient age
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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 t…
Colo. Rev. Stat. § 18-1-802 Insanity
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(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 s…
Colo. Rev. Stat. § 18-1-803 Impaired mental condition
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(1) Evidence of an impaired mental condition, as defined in section 16-8-102 (4), 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 that is an element of the offense charged. (2) An intention t…
Colo. Rev. Stat. § 18-1-804 Intoxication
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(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 existe…
Colo. Rev. Stat. § 18-1-805 Responsibility - affirmative defense
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The issue of responsibility under sections 18-1-801 to 18-1-804 is an affirmative defense. Source: L. 71: R&RE, p. 412, � 1. C.R.S. 1963: � 40-1-905. Cross references: For other provisions concerning affirmative defenses generally, see �� 18-1-407 and 18-1-710; for affirmative de…
Colo. Rev. Stat. § 18-1-901 Definitions
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(1) Definitions set forth in any section of this title apply wherever the same term is used in the same sense in another section of this title unless the definition is specifically limited or the context indicates that it is inapplicable. (2) The terms defined in section 18-1-104…
Colo. Rev. Stat. § 18-2-101 Criminal attempt
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(1) A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or …
Colo. Rev. Stat. § 18-2-201 Conspiracy
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(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 agree…
Colo. Rev. Stat. § 18-2-202 Joinder and venue in conspiracy prosecutions
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(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 relat…
Colo. Rev. Stat. § 18-2-203 Renunciation of criminal purpose
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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. Source: L. 71: R&RE, p. 416, � 1. C.…
Colo. Rev. Stat. § 18-2-204 Duration of conspiracy
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(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 defe…
Colo. Rev. Stat. § 18-2-205 Incapacity, irresponsibility, or immunity of party to conspiracy
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(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 …
Colo. Rev. Stat. § 18-2-206 Penalties for criminal conspiracy - when convictions barred
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(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 felo…
Colo. Rev. Stat. § 18-2-301 Criminal solicitation
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(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 he…
Colo. Rev. Stat. § 18-2-401 Nonavailability of defenses
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(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 defend…
Colo. Rev. Stat. § 18-3-101 Definition of terms
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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 posit…
Colo. Rev. Stat. § 18-3-102 Murder in the first degree
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(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 pro…
Colo. Rev. Stat. § 18-3-103 Murder in the second degree - definitions
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(1) A person commits the crime of murder in the second degree if: (a) The person knowingly causes the death of a person; or (b) Acting either alone or with one or more persons, he or she commits or attempts to commit felony arson, robbery, burglary, kidnapping, sexual assault as …
Colo. Rev. Stat. § 18-3-104 Manslaughter
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(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) Mansla…