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Colorado State - Murder (Homicide)

Murder is the unlawful taking of another human life with malice aforethought (intent). In many cases murder is also the charge associated with the killing of another person during the commission of another felony. Commonly considered the most serious of all criminal offenses the punishment differs according to the existence of mitigating factors and the intent of the defendant at the time of the killing. The possible punishments in the United States vary by state and range from a prison term to the death penalty in those states which still employ that as a criminal sentence.

The Colorado criminal statutes define first degree murder in 18-3-102 as follows :

  1. A person commits the crime of murder in the first degree if :
    1. After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or
    2. Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault as prohibited by 18-3-402, sexual assault in the first or second degree as prohibited by 18-3-402 or 18-3-403 as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in 18-3-405(2), or the crime of escape as provided in 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone; or
    3. By perjury or subornation of perjury he procures the conviction and execution of any innocent person; or
    4. Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or
    5. He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in 18-18-407(2), and the death of such person is caused by the use of such controlled substance; or
    6. The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.
  2. It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:
    1. Was not the only participant in the underlying crime; and
    2. ) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
    3. Was not armed with a deadly weapon; and
    4. Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
    5. Did not engage himself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury; and
    6. Endeavored to disengage himself from the commission of the underlying crime or flight therefrom immediately upon having reasonable grounds to believe that another participant is armed with a deadly weapon, instrument, article, or substance, or intended to engage in conduct likely to result in death or serious bodily injury.
  3. Murder in the first degree is a class 1 felony.
  4. The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for the crime of murder in the first degree as described in paragraph (f) of subsection (1) of this section.

The Colorado criminal statutes define murder in the second degree in 18-3-103 as follows :

  1. A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.
  2. Diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree.
    (2.5) Deleted by Laws 1996, H.B.96-1087, 12, eff. July 1, 1996.
    1. Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony.
    2. Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony.
  4. A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of 18-1.3-406.

To prove the crime of murder in the first degree the State of Colorado must establish beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to cause the death of a person other than himself, and
  5. after deliberation,
  6. caused the death of that person or another person.

To convict a person of first degree felony murder the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. acting alone or with one or more persons,
  4. committed or attempted to commit arson, robbery, burglary, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual assault on a child, or escape, and
  5. in the course of or furtherance of the above felony, or in the immediate flight therefrom,
  6. the death of a person, other than one of the participants, is caused by anyone.

Another manner in which the State of Colorado can convict a person of first degree murder is to prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally,
  4. knowingly,
  5. engaged in conduct that created a grave risk of death to a person or persons other than himself, and
  6. thereby, caused the death of another.

To convict a person of second degree murder the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. caused the death of another person.