COLORADO CRIMINAL CODE
QUESTIONS WITH ACCURATE
ANSWERS
18-1-402. Presumption of Innocence correct answer Presumed innocent until proven guilty.
18-1-403. Legal Assistance and Supporting Services correct answer Indigent (poor) persons, charged with
or held for the a crime are ENTITLED to legal representation and supporting services at STATE expense.
18-1-404. Preliminary Hearing or Waiver - Dispositional Hearing. correct answer -Person accused of a
class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the
right to a preliminary hearing within a REASONABLE TIME to determine whether PROBABLE CAUSE
EXISTS to believe that the offense charged was committed by defendant.
-In addition, persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which
felony requires mandatory sentencing or is a crime of violence as defined in section 18-1.3-406, or is a
sexual offense under part 4 of article 3 of this title, shall have the right to demand and receive a
preliminary hearing within a reasonable time to determine whether probable cause exists to believe
that the offense charged in the information or felony complaint was committed by the defendant.
-If person is accused of class 4,5, or 6 felony or level 3 or 4 drug felony and is held in custody they are
entitled to prelim hearing unless it is determined they are no longer in custody.
18-1-405 Speedy Trial correct answer six (6) months from entry of plea of NOT GUILTY or charges will be
dropped.
18-1-406 Right to Jury Trial correct answer -Misdemeanors entitled to jury of six (6)
-Felonies entitled to jury of twelve (12)
-decisions must be unanimous.
-Petty offenses are also entitled to a trial by jury as set forth in 16-10-109
,18-1-407 Affirmative Defense correct answer (1) "Affirmative defense" means that unless the state's
evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present
some credible evidence on that issue.
(2) If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be
established beyond a reasonable doubt as to that issue as well as all other elements of the offense.
*Think self-defense
18-1-408 Prosecution of Multiple Counts for Same Act correct answer Think stacking charges. charging
1st degree murder and 2nd degree murder for the same act of murder. or charging 1st degree assault,
2nd degree assault for the same charge when you clearly meet the level of first degree assault.
(the definition is really long and if anyone has anything to add or thinks I have this wrong let me know)
18-1-414 Preservation of Evidence correct answer (1) A petitioner shall not be entitled to relief based
solely on an allegation that a law enforcement agency failed to preserve biological evidence.
(2) (a) A court granting a motion for hearing pursuant to section 18-1-412 shall order the appropriate
law enforcement agency to preserve existing biological evidence for DNA testing.
courts can offer "remedies" if LE agecy negligently looses, destroys, or discards DNA.
Absent a court order from section (2) this law creates no liability for an LE agency for failing to preserve
biological evidence
Principles of Criminal Culpability
18-1-501. Definitions correct answer 1. "Act" means a bodily movement, and includes words and
possession of property.
,2. "Conduct" means an act or omission and its accompanying state of mind or, where relevant, a series
of acts or omissions.
3. "Criminal Negligence". A person acts with criminal negligence when through a gross deviation from
the standard of care that a reasonable person would exercise, he fails to perceive a substantial and
unjustifiable risk that a result will occur or that a circumstance exists.
4. "Culpable Mental State" means intentionally, or with intent, or knowingly, or willfully, or recklessly, or
with criminal negligence, as these terms are defined in this section.
5. "Intentionally" or "with intent". All offenses defined in this code in which the mental culpability
requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A
person acts "intentionally" or "with intent when his conscious objective is to cause the specific result
proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or
not the result actually occurred.
6. "Knowingly" or "willfully". All offenses defined in this code in which the mental culpability
requirement is expressed as "knowingly" or "willfully" are declared to be general intent crimes. A person
acts "knowingly" or "willfully" with respect to conduct or to a circumstance described by a statute
defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.
A person acts "knowingly" or "willfully", with respect to a result of his conduct, when he is aware that
his conduct is practically certain to cause the result.
7. "Omission" means a failure to perform an act as to which a duty of performance is imposed by law.
8. "Recklessly". A person acts recklessly when he co
Culpable mental states correct answer -intentionally, or with intent
-knowingly
-willfully
-recklessly
-criminal negligence
, Criminal Negligence correct answer through a GROSS DEVIATION from the standard of care that a
REASONABLE PERSON would exercise, he FAILS TO PERCEIVE a substantial and unjustifiable risk that a
result will occur or that a circumstance exists.
Recklessly correct answer A person acts recklessly when he CONSCIOUSLY DISREGARDS a substantial and
unjustifiable risk that a result will occur or that a circumstance exists.
"Knowingly" or "willfully" correct answer A person acts "knowingly" or "willfully", with respect to a
result of his conduct, when he is AWARE that his conduct is PRACTICALLY CERTAIN to cause the result.
general intent crimes
"Intentionally" or "with intent" correct answer when his CONSCIOUS OBJECTIVE is to cause the specific
result proscribed by the statute defining the offense. DOES NOT matter whether the result occurred or
not.
SPECIFIC INTENT CRIME
18-1-502. Criminal Liability correct answer Criminal Liability: The performance by a person of conduct
which includes a voluntary act or the omission to perform an act which he is physically capable of
performing.
Strict Liability: When conduct alone is all that is required for the commission of particular offense (DUI).
Mental Culpability: When a culpable mental state on the part of the actor is required with respect to any
material element of an offense (Murder).
18-1-603. Complicity correct answer A person is legally accountable as principal for the behavior of
another constituting a criminal offense if, with the intent to promote or facilitate the commission of the
offense, he or she aids, abets, advises, or encourages the other person in planning or committing the
offense.
18-1-702. Choice of evils. correct answer Think of the cabin example.
QUESTIONS WITH ACCURATE
ANSWERS
18-1-402. Presumption of Innocence correct answer Presumed innocent until proven guilty.
18-1-403. Legal Assistance and Supporting Services correct answer Indigent (poor) persons, charged with
or held for the a crime are ENTITLED to legal representation and supporting services at STATE expense.
18-1-404. Preliminary Hearing or Waiver - Dispositional Hearing. correct answer -Person accused of a
class 1, 2, or 3 felony or level 1 or level 2 drug felony by direct information or felony complaint has the
right to a preliminary hearing within a REASONABLE TIME to determine whether PROBABLE CAUSE
EXISTS to believe that the offense charged was committed by defendant.
-In addition, persons accused of a class 4, 5, or 6 felony by direct information or felony complaint which
felony requires mandatory sentencing or is a crime of violence as defined in section 18-1.3-406, or is a
sexual offense under part 4 of article 3 of this title, shall have the right to demand and receive a
preliminary hearing within a reasonable time to determine whether probable cause exists to believe
that the offense charged in the information or felony complaint was committed by the defendant.
-If person is accused of class 4,5, or 6 felony or level 3 or 4 drug felony and is held in custody they are
entitled to prelim hearing unless it is determined they are no longer in custody.
18-1-405 Speedy Trial correct answer six (6) months from entry of plea of NOT GUILTY or charges will be
dropped.
18-1-406 Right to Jury Trial correct answer -Misdemeanors entitled to jury of six (6)
-Felonies entitled to jury of twelve (12)
-decisions must be unanimous.
-Petty offenses are also entitled to a trial by jury as set forth in 16-10-109
,18-1-407 Affirmative Defense correct answer (1) "Affirmative defense" means that unless the state's
evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present
some credible evidence on that issue.
(2) If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be
established beyond a reasonable doubt as to that issue as well as all other elements of the offense.
*Think self-defense
18-1-408 Prosecution of Multiple Counts for Same Act correct answer Think stacking charges. charging
1st degree murder and 2nd degree murder for the same act of murder. or charging 1st degree assault,
2nd degree assault for the same charge when you clearly meet the level of first degree assault.
(the definition is really long and if anyone has anything to add or thinks I have this wrong let me know)
18-1-414 Preservation of Evidence correct answer (1) A petitioner shall not be entitled to relief based
solely on an allegation that a law enforcement agency failed to preserve biological evidence.
(2) (a) A court granting a motion for hearing pursuant to section 18-1-412 shall order the appropriate
law enforcement agency to preserve existing biological evidence for DNA testing.
courts can offer "remedies" if LE agecy negligently looses, destroys, or discards DNA.
Absent a court order from section (2) this law creates no liability for an LE agency for failing to preserve
biological evidence
Principles of Criminal Culpability
18-1-501. Definitions correct answer 1. "Act" means a bodily movement, and includes words and
possession of property.
,2. "Conduct" means an act or omission and its accompanying state of mind or, where relevant, a series
of acts or omissions.
3. "Criminal Negligence". A person acts with criminal negligence when through a gross deviation from
the standard of care that a reasonable person would exercise, he fails to perceive a substantial and
unjustifiable risk that a result will occur or that a circumstance exists.
4. "Culpable Mental State" means intentionally, or with intent, or knowingly, or willfully, or recklessly, or
with criminal negligence, as these terms are defined in this section.
5. "Intentionally" or "with intent". All offenses defined in this code in which the mental culpability
requirement is expressed as "intentionally" or "with intent" are declared to be specific intent offenses. A
person acts "intentionally" or "with intent when his conscious objective is to cause the specific result
proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or
not the result actually occurred.
6. "Knowingly" or "willfully". All offenses defined in this code in which the mental culpability
requirement is expressed as "knowingly" or "willfully" are declared to be general intent crimes. A person
acts "knowingly" or "willfully" with respect to conduct or to a circumstance described by a statute
defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.
A person acts "knowingly" or "willfully", with respect to a result of his conduct, when he is aware that
his conduct is practically certain to cause the result.
7. "Omission" means a failure to perform an act as to which a duty of performance is imposed by law.
8. "Recklessly". A person acts recklessly when he co
Culpable mental states correct answer -intentionally, or with intent
-knowingly
-willfully
-recklessly
-criminal negligence
, Criminal Negligence correct answer through a GROSS DEVIATION from the standard of care that a
REASONABLE PERSON would exercise, he FAILS TO PERCEIVE a substantial and unjustifiable risk that a
result will occur or that a circumstance exists.
Recklessly correct answer A person acts recklessly when he CONSCIOUSLY DISREGARDS a substantial and
unjustifiable risk that a result will occur or that a circumstance exists.
"Knowingly" or "willfully" correct answer A person acts "knowingly" or "willfully", with respect to a
result of his conduct, when he is AWARE that his conduct is PRACTICALLY CERTAIN to cause the result.
general intent crimes
"Intentionally" or "with intent" correct answer when his CONSCIOUS OBJECTIVE is to cause the specific
result proscribed by the statute defining the offense. DOES NOT matter whether the result occurred or
not.
SPECIFIC INTENT CRIME
18-1-502. Criminal Liability correct answer Criminal Liability: The performance by a person of conduct
which includes a voluntary act or the omission to perform an act which he is physically capable of
performing.
Strict Liability: When conduct alone is all that is required for the commission of particular offense (DUI).
Mental Culpability: When a culpable mental state on the part of the actor is required with respect to any
material element of an offense (Murder).
18-1-603. Complicity correct answer A person is legally accountable as principal for the behavior of
another constituting a criminal offense if, with the intent to promote or facilitate the commission of the
offense, he or she aids, abets, advises, or encourages the other person in planning or committing the
offense.
18-1-702. Choice of evils. correct answer Think of the cabin example.
