Colorado § 18-2-401 - Nonavailability of defenses.

§ 18-2-401. Nonavailability of defenses.

(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 defendant or another or which makes more difficult the consummation of the crime; or

(b) A decision to postpone the crime until another time or to substitute another victim or another but similar objective.

Source: L. 71: R&RE, p. 417, § 1. C.R.S. 1963: § 40-2-401.

ANNOTATION

Where defense of abandonment available in attempt cases. Even though the crime of attempt is complete once the actor intentionally takes a substantial step towards the commission of the crime, the affirmative defense of abandonment is present if he thereafter voluntarily renunciates his criminal intent. People v. Johnson, 41 Colo. App. 220, 585 P.2d 306 (1978).

A defendant cannot abandon and renounce the crimes charged after they are completed. People v. Mason, 642 P.2d 8 (Colo. 1982); People v. Jacobs, 91 P.3d 438 (Colo. App. 2003).

Abandonment is no defense to completed crime of criminal mischief. People v. Johnson, 41 Colo. App. 220, 585 P.2d 306 (1978).

To present an affirmative defense for abandonment to the jury, defendant must present "some credible evidence" on the issue of the claimed defense. It is not necessarily the case, however, that the defense of abandonment is not available once defendant has injured the victim. O'Shaughnessy v. People, 2012 CO 9, 269 P.3d 1233.

ARTICLE 3

Offenses Against the Person

PART 1

HOMICIDE AND RELATED OFFENSES

18-3-101. Definition of terms.

18-3-102. Murder in the first degree.

18-3-103. Murder in the second degree - definitions.

18-3-104. Manslaughter.

18-3-105. Criminally negligent homicide.

18-3-106. Vehicular homicide.

18-3-107. First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration.

PART 2

ASSAULTS

18-3-201. Definitions.

18-3-202. Assault in the first degree.

18-3-203. Assault in the second degree.

18-3-204. Assault in the third degree.

18-3-205. Vehicular assault.

18-3-206. Menacing.

18-3-207. Criminal extortion - aggravated extortion.

18-3-208. Reckless endangerment.

18-3-209. Assault on the elderly or persons with disabilities - legislative declaration. (Repealed)

18-3-210. Unlawfully aiming a laser device at an aircraft - definitions.

PART 3

KIDNAPPING

18-3-301. First degree kidnapping.

18-3-302. Second degree kidnapping.

18-3-303. False imprisonment.

18-3-304. Violation of custody order or order relating to parental responsibilities.

18-3-305. Enticement of a child.

18-3-306. Internet luring of a child.

PART 4

UNLAWFUL SEXUAL BEHAVIOR

18-3-401. Definitions.

18-3-402. Sexual assault.

18-3-403. Sexual assault in the second degree. (Repealed)

18-3-404. Unlawful sexual contact.

18-3-405. Sexual assault on a child.

18-3-405.3. Sexual assault on a child by one in a position of trust.

18-3-405.4. Internet sexual exploitation of a child.

18-3-405.5. Sexual assault on a client by a psychotherapist - definitions.

18-3-405.6. Invasion of privacy for sexual gratification.

18-3-405.7. Unlawful sexual conduct by a peace officer - definition.

18-3-406. Criminality of conduct. (Repealed)

18-3-407. Victim's and witness's prior history - evidentiary hearing - victim's identity - protective order.

18-3-407.5. Victim evidence - forensic evidence - electronic lie detector exam without victim's consent prohibited.

18-3-407.7. Sexual assault victim emergency payment program - creation - eligibility.

18-3-407.9. Forensic nurse examiners - telehealth program - creation - appropriation.

18-3-408. Jury instruction prohibited.

18-3-408.5. Jury instruction on consent - when required.

18-3-409. Marital defense.

18-3-410. Medical exception.

18-3-411. Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition.

18-3-412. Habitual sex offenders against children - indictment or information - verdict of the jury.

18-3-412.5. Failure to register as a sex offender.

18-3-412.6. Failure to verify location as a sex offender.

18-3-413. Video tape depositions - children - victims of sexual offenses.

18-3-413.5. Use of closed circuit television - child victims of sexual offenses. (Repealed)

18-3-414. Payment of treatment costs for the victim or victims of a sexual offense against a child.

18-3-414.5. Sexually violent predators - assessment - annual report - definitions.

18-3-415. Testing for persons charged with sexual offense.

18-3-415.5. Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing.

18-3-416. Reports of convictions to department of education.

18-3-417. Reports of sexual assault by applicants, registrants, or licensed professionals.

18-3-418. Unlawful electronic sexual communication - person in a position of trust - definitions.

PART 5

HUMAN TRAFFICKING AND SLAVERY

18-3-501. Legislative declaration.

18-3-502. Definitions.

18-3-503. Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude.

18-3-504. Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude.

18-3-505. Human trafficking council - created - duties - repeal.

PART 6

STALKING

18-3-601. Legislative declaration.

18-3-602. Stalking - penalty - definitions - Vonnie's law.

PART 1

HOMICIDE AND RELATED OFFENSES