Colorado § 18-18-431 - Defenses.
Full text of Colorado Colorado Revised Statutes § 18-18-431 — Defenses., with citation guidance and answers to common questions.
§ 18-18-431. Defenses.
The common law defense known as the "procuring agent defense" is not a defense to any crime in this title.
Source: L. 92: Entire article R&RE, p. 378, § 1, effective July 1.
Editor's note: This section is similar to former § 12-22-324 as it existed prior to 1992.
ANNOTATION
Annotator's note. Since this section is similar to § 18-18-110 as it existed prior to the repeal and reenactment of this article in 1992, a relevant case construing that provision has been included in the annotations to this section.
Where the information charged the defendant with "sale and distribution" of a controlled substance, and although the verdict found that he "sold or distributed" such a substance, thereby charging and sustaining only one offense, the trial court properly instructed the jury as to the elements of the crime of sale or distribution of cocaine and as to the pertinent definition of distribution, its refusal to instruct on the "procuring agent" defense was not error. People v. Farris, 812 P.2d 654 (Colo. 1991).
Cases relied on by the defendant all involved charges for sale or conspiracy to sell narcotic drugs under the old statute rather than for distribution of drugs after the enactment of the Colorado Controlled Substances Act in 1981 and are distinguishable under the rationale expressed in People v. Dinkel (189 Colo. 404, 541 P.2d 898 (1975)), which has now been formally codified in this section. People v. Farris, 812 P.2d 654 (Colo. 1991).
Frequently Asked Questions About Colorado § 18-18-431
What does Colorado Revised Statutes § 18-18-431 cover?
Section 18-18-431 ("Defenses.") 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 § 18-18-431?
A common citation format is "Colorado Revised Statutes § 18-18-431" (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 § 18-18-431 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.