Colorado § 18-3-409 - Marital defense.
Full text of Colorado Colorado Revised Statutes § 18-3-409 — Marital defense., with citation guidance and answers to common questions.
§ 18-3-409. Marital defense.
Any marital relationship, whether established statutorily, putatively, or by common law, between an actor and a victim shall not be a defense to any offense under this part 4 unless such defense is specifically set forth in the applicable statutory section by having the elements of the offense specifically exclude a spouse.
Source: L. 75: Entire part R&RE, p. 631, § 1, effective July 1. L. 88: Entire section R&RE, p. 725, § 2, effective July 1.
ANNOTATION
Law reviews. For article, "Mens Rea and the Colorado Criminal Code", see 52 U. Colo. L. Rev. 167 (1981).
Annotator's note. The cases annotated below were all decided prior to the 1988 amendment to this section.
Marital exception of this section is neither arbitrary nor irrational as it may remove an obstacle to the resumption of normal marital relations and also avoids the difficult emotional issues and problems of proof inherent in this sensitive area. People v. Brown, 632 P.2d 1025 (Colo. 1981).
Section 18-3-402 and this section are severable, so that even if the former were invalidated the latter would still be capable of enforcement. People v. Brown, 632 P.2d 1025 (Colo. 1981).
Former law. For cases construing requirement of former rape statute that the victim could not be the wife of the actor, see Waelchi v. People, 77 Colo. 147, 234 P. 1113 (1925); Schreiner v. People, 95 Colo. 392, 36 P.2d 764 (1934); Efsiever v. People, 105 Colo. 88, 96 P.2d 8 (1939); McGee v. People, 160 Colo. 46, 413 P.2d 901 (1966).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 18-3-409
What does Colorado Revised Statutes § 18-3-409 cover?
Section 18-3-409 ("Marital defense.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 18-3-409?
A common citation format is "Colorado Revised Statutes § 18-3-409" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 18-3-409 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.