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Home » US Law » 2022 Colorado Code » Title 18 - Criminal Code » Article 1 - Provisions Applicable to Offenses Generally » Part 7 - Justification and Exemptions From Criminal Responsibility

§ 18-1-701. Execution of Public Duty

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. A “provision […]

§ 18-1-702. Choice of Evils

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 […]

§ 18-1-703. Use of Physical Force – Special Relationships

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 parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person, and a teacher or other person entrusted with the care and […]

§ 18-1-704. Use of Physical Force in Defense of a Person – Definitions

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 other person, and he may use […]

§ 18-1-704.5. Use of Deadly Physical Force Against an Intruder

The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes. 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 […]

§ 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 […]

§ 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 […]

§ 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. Source: […]

§ 18-1-707. Use of Force by Peace Officers – Definitions

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 preventing an imminent threat of injury to the peace officer or another […]

§ 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 […]

§ 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 […]

§ 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. 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 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1-407 and […]

§ 18-1-712. Immunity for a Person Who Administers an Opiate Antagonist During an Opiate-Related Drug Overdose Event – Definitions

Legislative declaration. The general assembly hereby encourages the administration of opiate antagonists for the purpose of saving the lives of people who suffer opiate-related drug overdose events. A person who administers an opiate antagonist to another person is urged to call for emergency medical services immediately. General immunity. A person, other than a health-care provider […]

§ 18-1-714. Protective Hearing – Victim’s, Defendant’s, or Witness’s Gender Identity, Gender Expression, or Sexual Orientation – Definitions

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 not be admitted in any other proceeding except at a proceeding pursuant […]