Responsibility (18-1, Article part 8) Flashcards
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 ten years of age shall be found guilty of any offense.
18-1-801 Insufficient Age
(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 section 16-8-103, C.R.S .
(b) This subsection (1) applies to offenses committed before July 1, 1995.
(2) (a) A person who is insane, as defined in section 16-8-101.5, 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 section 16-8-103, C.R.S .
(b) This subsection (2) shall apply to offenses occurring on or after July 1, 1995.
18-1-802 Insanity
(1) Evidence of an impaired mental condition, as defined in section 16-8-102(2.7), C.R.S ., 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 which is an element of the offense charged.
SEE STATUTE FOR ADDITIONAL SECTIONS
18-1-803 Impaired mental condition
(1) Intoxication is not a defense to a criminal charge, except as provided in subsection (3).
(2) Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 18-1-802
(3) A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law
(4) defines “intoxication” and (5) defines “Self-induced intoxication”
18-1-804 Intoxication
