Part 1. Purpose and Scope of Code—Classification of Offenses
§ 18-1-101. Citation of Title 18
(1) This title shall be known and may be cited as the “Colorado Criminal Code”; within this title, the “Colorado Criminal Code” is sometimes referred to as “this code”.
(2) The portion of any section, subsection, paragraph, or subparagraph contained in this code which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the “introductory portion” of the section, subsection, paragraph, or subparagraph.
§ 18-1-102.Purpose of Code, Statutory Construction
(1) This code shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely:
(a) To define offenses, to define adequately the act and mental state which constitute each offense, to place limitations upon the condemnation of conduct as criminal when it is without fault, and to give fair warning to all persons concerning the nature of the conduct prohibited and the penalties authorized upon conviction;
(b) To forbid the commission of offenses and to prevent their occurrence through the deterrent influence of the sentences authorized; to provide for the rehabilitation of those convicted and their punishment when required in the interests of public protection;
(c) To differentiate on reasonable grounds between serious and minor offenses, and prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities as between individual offenders;
(d) To prevent arbitrary or oppressive treatment of persons accused or convicted of offenses and to identify certain minimum standards for criminal justice which, within the concept of due process of law, have the stature of substantive rights of persons accused of crime;
(e) To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.
§ 18-1-102.5. Purposes of Code with Respect to Sentencing
(1) The purposes of this code with respect to sentencing are:
(a) To punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense;
(b) To assure the fair and consistent treatment of all convicted offenders by eliminating unjustified disparity in sentences, providing fair warning of the nature of the sentence to be imposed, and establishing fair procedures for the imposition of sentences;
(c) To prevent crime and promote respect for the law by providing an effective deterrent to others likely to commit similar offenses;
(d) To promote rehabilitation by encouraging correctional programs that elicit the voluntary cooperation and participation of convicted offenders;
(e) To select a sentence, a sentence length, and a level of supervision that addresses the offender's individual characteristics and reduces the potential that the offender will engage in criminal conduct after completing his or her sentence; and
(f) To promote acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community while attempting to reduce recidivism and the costs to society by the use of restorative justice practices.
§ 18-1-103. Scope and Application of Code
(1) Except as otherwise expressly provided by sections 18-1.3-402 and 18-1.3-504, or unless the context otherwise requires, the provisions of this code govern the construction of and punishment for any offense defined in any statute of this state, whether in this title or elsewhere, and which is committed on or after July 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.
(2) Except as otherwise provided by section 18-1-410, the provisions of this code do not apply to or govern the construction of, prosecution for, and punishment for any offense committed prior to July 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be tried and disposed of according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. All pending actions shall proceed to final disposition in the same manner as if this code had not been enacted.
(3) The provisions of this code do not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action for any conduct which this code makes punishable; and the civil injury is not merged in the offense.
§ 18-1-104. “Offense” Defined—Offenses Classified—Common-Law Crimes Abolished
(1) The terms “offense” and “crime” are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.
<Text of (2) effective until March 1, 2022>
(2) Each offense falls into one of eleven classes, one of six drug offense levels, or one unclassified category. There are six classes of felonies as described in section 18-1.3-401 and four levels of drug felonies as described in section 18-1.3-401.5, three classes of misdemeanors as described in section 18-1.3-501 and two levels of drug misdemeanors as described in section 18-1.3-501, two classes of petty offenses as described in section 18-1.3-503, and the category of drug petty offense as described in section 18-1.3-501(1)(e).
<Text of (2) effective March 1, 2022>
(2) Each offense falls into one of eleven classes, one of six drug offense levels, or one unclassified category. There are six classes of felonies as described in section 18-1.3-401 and four levels of drug felonies as described in section 18-1.3-401.5, two classes of misdemeanors as described in section 18-1.3-501 and two levels of drug misdemeanors as described in section 18-1.3-501, petty offenses as described in section 18-1.3-503, civil infractions as described in section 18-1.3-503, and the category of drug petty offense as described in section 18-1.3-501(1)(e).
(3) Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state, but this provision does not affect the power of a court to punish for contempt, or to employ any sanction authorized by law for the enforcement of an order lawfully entered, or a civil judgment or decree; nor does it affect the use of case law as an interpretive aid in the construction of the provisions of this code.
§ 18-1-105. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
§ 18-1-106. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
§ 18-1-107. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
§ 18-1-108. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
§ 18-1-109. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
§ 18-1-110. Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002
Repealed by Laws 2002, Ch. 318, § 3, eff. Oct. 1, 2002