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CRS/POST FINAL STUDY NOTECARDS
1 Homicide Table
Assault Offenses:
1st Degree Assault (C.R.S. 18-3-202):
Intentionally causes serious bodily injury (SBI) with a deadly weapon.
Causes disfigurement, or shows extreme indifference to life, creating a grave risk of death.
Felony 3 (F3) – Classified as a "Crime of Violence." Enhanced penalties apply.
Felony 5 (F5) – If the offense occurred in the "Heat of Passion."
2nd Degree Assault (C.R.S. § 18-3-203) [F4]:
Intentionally causes bodily injury with a deadly weapon.
Recklessly causes SBI with a deadly weapon.
Assaulting a peace officer, firefighter, EMT, etc., with the intent to interfere with their duties.
Intentionally causes unconsciousness or impairment via drugs.
Knowingly or recklessly causes bodily injury or knowingly applies force or bodily fluid to peace officers/firefighters while confined or in detention.
3rd Degree Assault (C.R.S. § 18-3-204) [M1]:
Defendant knowingly or recklessly causes bodily injury or does so with criminal negligence and a deadly weapon.
Intentionally causes a peace officer or firefighter to come into contact with bodily fluid.
Key Definitions:
Intentionally: Acting with a conscious objective to cause a specific result.
Knowingly: Being aware that conduct is practically certain to cause the offense.
Recklessly: Consciously disregarding a substantial and unjustifiable risk that the offense will occur.
Injuries:
Serious Bodily Injury (SBI): A substantial risk of death, disfigurement, or loss/impairment of body parts or organs (includes fractures and severe burns).
Bodily Injury: Physical pain, illness, or impairment of physical/mental condition.
Penalties:
Felony 3 (F3): Enhanced if SBI occurs during murder, robbery, arson, burglary, escape, kidnapping, or sexual offenses.
Felony 4 (F4): Crime of Violence, subject to aggravated sentencing ranges.
Felony 5 (F5): Applies if the offense is committed in the "Heat of Passion."
Felony 6 (F6): Also applies in certain "Heat of Passion" cases.
Misdemeanor 1 (M1): Extraordinary risk category.
This gives a breakdown of legal consequences depending on the type and severity of the assault and the victim involved.
Assault Table 1 (Persons)
Assault Offenses Under Colorado Revised Statutes (C.R.S.)
1st Degree Assault (C.R.S. 18-3-202)
Intentional serious bodily injury (SBI) using a deadly weapon.
Intentional disfigurement (weapon not required).
Extreme indifference to human life, creating a grave risk of death and causing SBI.
Threatens SBI with a deadly weapon with intent to cause injury, particularly targeting:
Judges, peace officers, firefighters, detention facility employees, human services employees.
Classification:
Felony 3 (F3): Crime of Violence (aggravated sentencing).
Felony 5 (F5): If committed in the "Heat of Passion."
2nd Degree Assault (C.R.S. § 18-3-203) [F4]
Intentionally causes bodily injury with a deadly weapon.
Recklessly causes SBI with a deadly weapon.
Assault on a peace officer, firefighter, EMT, with intent to interfere with their duties.
Causes unconsciousness or physical/mental impairment via drugs.
Forceful or fluid contact with peace officers, firefighters, judges, while confined/detained.
Classification:
Felony 4 (F4): Crime of Violence (aggravated sentencing).
Felony 5 (F5): If done in Heat of Passion.
3rd Degree Assault (C.R.S. § 18-3-204) [M1]
Knowingly or recklessly causes bodily injury to another person.
Criminal negligence results in bodily injury with a deadly weapon.
Causes contact with bodily fluids for peace officers or firefighters.
Classification:
Misdemeanor 1 (M1): Extraordinary Risk category.
Key Legal Definitions:
Intentionally: A conscious objective to cause a specific result.
Knowingly: Awareness that conduct is practically certain to cause the offense.
Recklessly: Conscious disregard of a substantial and unjustifiable risk that the offense will occur.
Injury Classifications:
Serious Bodily Injury (SBI): Includes substantial risk of death, permanent disfigurement, or protracted impairment/loss of body parts or organs (includes fractures, severe burns).
Bodily Injury: Defined as physical pain, illness, or impairment of physical/mental condition.
Sentencing Enhancements:
Felony 3 (F3): If SBI occurs during crimes like murder, robbery, arson, burglary, escape, kidnapping, or certain sexual offenses.
Felony 4 (F4): Crime of Violence, which requires sentencing in the aggravated range.
Felony 5 (F5): Applicable in cases involving Heat of Passion.
Felony 6 (F6): Lesser charges in Heat of Passion cases.
Misdemeanor 1 (M1): Considered an Extraordinary Risk offense.
This detailed outline provides the different levels of assault under Colorado law and the associated legal consequences.
Assault Table 2 (Vehicle)
This section outlines additional "Person Offenses" under Colorado law, specifically vehicular-related assaults and homicides, menacing, reckless endangerment, and criminal extortion. Here’s a detailed breakdown:
Vehicular Offenses:
Vehicular Homicide (C.R.S. 18-3-106):
Reckless Driving (F4):
Operating a motor vehicle recklessly and causing the death of another person.
Proximate cause of death is required (i.e., "but for" the reckless driving, the death would not have occurred).
DUI (F3):
Driving under the influence (DUI) and causing the death of someone.
Strict liability applies.
DWAI (F4):
Driving while ability impaired (DWAI) and causing death.
Strict liability applies.
Vehicular Assault (C.R.S. § 18-3-205):
Reckless Driving (F5):
Operating a motor vehicle recklessly and causing serious bodily injury (SBI) to another person.
Proximate cause of SBI is required (i.e., "but for" the reckless driving, the SBI would not have occurred).
DUI (F4):
Driving under the influence and causing SBI.
Strict liability applies.
DWAI (F5):
Driving while ability impaired and causing SBI.
Strict liability applies.
Menacing (C.R.S. § 18-3-206):
Misdemeanor 1 (M1):
Threatening physical action or knowingly placing another in fear of imminent SBI.
No deadly weapon involved.
Felony 5 (F5):
Menacing with a deadly weapon, a simulated deadly weapon, or by verbally indicating that the person is armed.
Weapons include firearms, knives, bludgeons, or simulated weapons.
No separate charge for an attempt to menace — it’s part of the menacing offense itself.
Reckless Endangerment (C.R.S. 18-3-208):
Misdemeanor 2 (M2):
Recklessly engaging in conduct that creates a substantial risk of causing serious bodily injury (SBI) to another person.
Criminal Extortion / Aggravated Extortion (C.R.S. 18-3-207):
Felony 4 (F4):
Without legal authority, intending to induce another person to perform or refrain from a legal act by making a substantial threat (e.g., to confine, restrain, damage property, harm reputation, or cause economic hardship).
Demand for money or value can be involved.
Aggravated Extortion (F3):
Same as above, but involving threats with chemical, biological, radioactive agents, poison, or harmful weapons.
Key Definitions:
Proximate Cause: An event sufficiently related to the injury (death or SBI) for it to be legally considered the cause. There must be a nexus between reckless driving and the harm (i.e., the harm wouldn’t have occurred "but for" the reckless conduct).
Recklessly: Conscious disregard of a substantial and unjustifiable risk that the offense will occur.
Knowingly: Awareness that the conduct is practically certain to cause the offense.
Assault Table 3 (Kidnapping)
Kidnapping Offenses:
1st Degree Kidnapping (C.R.S. 18-3-301):
Elements:
With intent to force a concession (e.g., ransom, sexual assault, or anything of value) to secure the release of the victim, the defendant:
Forcibly seizes and carries any person from one place to another; or
Entices or persuades any person to move; or
Imprisons or forcibly conceals any person.
Penalties:
Class 1 Felony: If the person kidnapped suffers serious bodily injury (SBI). However, if the victim is liberated alive before conviction, the death penalty does not apply.
Class 2 Felony: Applies to all other cases of 1st-degree kidnapping.
2nd Degree Kidnapping (C.R.S. § 18-3-302):
Elements:
The defendant knowingly seizes and carries any person from one place to another, without consent and without lawful justification.
Also applies to anyone who entices or decoys away a child under 18 (not their own) with the intent to sell, trade, or barter the child.
Penalties:
Class 2 Felony: If the victim is sexually assaulted or robbed.
Class 3 Felony: If a deadly weapon is used or threatened (crime of violence).
Class 4 Felony: For all other circumstances.
False Imprisonment (C.R.S. § 18-3-303):
Elements:
The defendant knowingly confines or detains another person without consent and without legal authority.
Penalties:
Class 2 Misdemeanor: General false imprisonment.
Class 5 Felony: If force or the threat of force is used, or if the person is detained for more than 12 hours.
Violation of Custody Orders (C.R.S. § 18-3-304):
Elements:
Any person, including a natural parent, who knowingly takes or entices a child under 18 from the lawful custody or care of the child’s parents, guardian, or lawful custodian, knowing they have no legal right to do so.
Also applies to violations of a lawful court order regarding custody or parental responsibility with the intent to deprive the lawful custodian.
Penalties:
Class 5 Felony: General violation of custody orders.
Class 4 Felony: If the child is taken out of the country.
Key Legal Definitions:
Intentionally: Acting with a conscious objective to cause the specific result.
Knowingly: Being aware that conduct is practically certain to cause the offense.
Penalty Overview:
Class 1 Felony: For 1st-degree kidnapping if SBI is inflicted on the victim, but no death penalty if the victim is released alive before conviction.
Class 2 Felony: Applies to certain 1st-degree kidnapping cases and 2nd-degree kidnapping involving sexual assault or robbery.
Class 3 Felony: For 2nd-degree kidnapping if a deadly weapon is used or threatened (crime of violence).
Class 4 Felony: Applies to other 2nd-degree kidnapping cases or custody violations when the child is taken out of the country.
Class 5 Felony: Applies to false imprisonment cases involving force, or custody violations without leaving the country.
Class 2 Misdemeanor: For general false imprisonment cases without force or extended detention.
This summary provides a clear breakdown of kidnapping and related offenses under Colorado law and the associated legal consequences.
Skipped crimes against women and Human Trafficking / Stalking
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Unlawful Sexual Behavior 1
Definitions (C.R.S. 18-3-401):
"Actor": The person accused of a sexual offense.
"Victim": The person alleging to have been subjected to a sexual assault.
"Consent": The cooperation in act or attitude through free will and with knowledge of the nature of the act. A prior relationship is not sufficient to imply consent.
"Sexual Penetration": Includes vaginal intercourse, cunnilingus, oral/fellatio, anal intercourse, and analingus. Emission is not required to prove the offense. Any penetration, however slight, qualifies.
"Sexual Intrusion": Any slight intrusion by any object or part of a person’s body (except the mouth, tongue, or penis) into the genital/anal opening of another for sexual arousal, gratification, or abuse.
"Sexual Contact": Knowing touching of intimate parts by the actor or the victim, whether over or under clothing.
"Intimate Parts": Includes external genitalia, breasts, perineum, anus, buttocks, or pubic areas.
Ways to Commit Sexual Assault (C.R.S. 18-3-402):
There are eight different ways to commit sexual assault under Colorado law:
Sufficient Consequence:
The actor knowingly inflicts sexual intrusion/penetration, causing submission through force or threats calculated to cause submission against the victim’s will.
Victim Incapable of Appraisal:
The actor knowingly inflicts sexual intrusion/penetration and knows the victim is incapable of understanding the nature of the act.
Erroneous Victim Spouse:
The actor knowingly inflicts sexual intrusion/penetration where the victim believes the actor is their spouse, but this belief is erroneous.
Victim Under 15 Years of Age, Actor 4 Years Older:
The actor knowingly inflicts sexual intrusion/penetration when the victim is under 15 years of age, and the actor is at least 4 years older (and not the spouse).
Victim Aged 15-17, Actor 10 Years Older:
The actor knowingly inflicts sexual intrusion/penetration when the victim is at least 15 but under 17 years old, and the actor is at least 10 years older (Class 6 Felony).
Law Enforcement or Hospital Custody:
The actor knowingly inflicts sexual intrusion/penetration when the victim is in custody or detained by law enforcement or hospital staff, and the actor uses their position of authority to coerce submission (unless related to a lawful search).
Not Bona Fide Medical Treatment:
The actor knowingly inflicts sexual intrusion/penetration while pretending to offer medical services, though it is not legitimate treatment.
Victim Physically Helpless:
The actor knowingly inflicts sexual intrusion/penetration when the victim is physically helpless, and the actor knows the victim has not consented.
Penalties (C.R.S. 18-3-402):
Class 4 Felony (F4): General sexual assault.
Class 3 Felony (F3): If submission is caused by:
Actual physical force or threats of harm (serious bodily injury (SBI), death);
Threats of future retaliation;
Use of drugs or intoxicants to impair the victim's ability to appraise the situation without the victim's consent;
Victim is physically helpless.
Class 2 Felony (F2): If any of the following occur during the sexual assault:
The defendant is physically aided or abetted by one or more people;
The victim suffers SBI;
The defendant is armed with a deadly weapon.
Class 6 Felony (F6): If the victim is between 15-17 years old, and the defendant is at least 10 years older.
Sexual Offender Registration:
All individuals convicted of sexual assault are subject to registration as sexual offenders and may face indeterminate sentencing based on the nature of the offense.
This summary captures the legal definitions, methods of committing sexual assault, and the corresponding legal consequences under Colorado law.
Unlawful Sexual Behavior 2 (Contact)
Unlawful Sexual Contact (C.R.S. 18-3-404):
Any actor who knowingly subjects a victim to sexual contact can be charged with unlawful sexual contact if the actor is aware of any of the following:
Victim does not consent.
Victim is incapable of appraising the nature of the conduct.
Victim is physically helpless and has not consented.
Victim’s power to appraise the situation has been substantially impaired by intoxicants provided by the actor.
Victim is in law enforcement custody or a hospital, and the actor, having supervisory authority, uses their position to engage in sexual contact.
Victim was treated or examined by the actor for less than a bona fide medical purpose.
This constitutes a Class 4 Felony (F4).
Unlawful Sexual Contact – Coercing a Child (C.R.S. § 18-3-404):
With or without actual sexual contact, any person who knowingly:
Induces or coerces a child (anyone under 18 years old) to expose their intimate parts; or
Induces or coerces a child to engage in sexual contact, intrusion, or penetration with another person for the purpose of the actor’s own sexual gratification.
A person can be convicted of unlawful sexual contact with a child even by just watching the act.
This also constitutes a Class 4 Felony (F4).
Unlawful Sexual Contact - Penalties (C.R.S. § 18-3-404):
Class 4 Felony (F4): If the victim is compelled by the use of force, intimidation, or threat. Indeterminate sentencing may apply.
Misdemeanor 1 (M1): If there is no force or threat involved, it is considered a Class 1 misdemeanor. This is no longer classified as an Extraordinary Risk crime, with a maximum sentence of 364 days in jail.
Additionally, a conviction requires sexual offender registration.
Key Definitions:
"Knowingly": The actor is aware that their conduct is practically certain to result in the offense.
This outlines the legal framework for unlawful sexual contact and coercion, emphasizing child-related offenses and penalties.
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Unlawful Sexual Behavior 3 (Children)
Sexual Assault on a Child (C.R.S. 18-3-405):
Defendant knowingly subjects another person (not a spouse) to any sexual contact, and:
The victim is less than 15 years of age.
The actor is at least four years older than the victim.
Consent is not a defense in this case.
Penalties:
Class 4 Felony (F4) generally.
Class 3 Felony (F3) if:
Force is used against the victim.
Threats of death, serious bodily injury, pain, or kidnapping.
Threats of retaliation.
A pattern of abuse (two or more incidents of sexual contact between the same actor and the child victim).
This crime often involves indeterminate sentencing and requires sexual offender registration.
Sexual Assault on a Child by One in a Position of Trust (C.R.S. § 18-3-405.3):
Defendant knowingly subjects another person (not a spouse) to any sexual contact, and:
The victim is less than 18 years of age.
The actor is in a position of trust over the victim.
Position of Trust: Includes parents, guardians, teachers, psychologists, physicians, or any person responsible for the child's welfare, regardless of the time frame.
Penalties:
Class 3 Felony (F3) if:
The victim is less than 15 years old, or
There is a pattern of sexual abuse.
Class 4 Felony (F4) if:
The victim is 15-17 years old.
This offense also includes indeterminate sentencing and requires sexual offender registration.
Internet Sexual Exploitation of a Child (C.R.S. § 18-3-405.4):
Actor knowingly invites or entices a person whom the actor knows or believes to be under 15 years old, and:
The actor is at least four years older than the victim.
The invitation or enticement occurs through electronic messaging to:
Expose or touch the child’s intimate parts during communication, or
Observe the actor’s intimate parts via electronic messaging.
Penalties:
Class 4 Felony (F4).
This offense includes indeterminate sentencing and requires sexual offender registration.
Sexual Assault on a Client by a Psychotherapist (C.R.S. § 18-3-405.5):
A psychotherapist cannot engage in sexual penetration or intrusion with a client-victim, including through therapeutic deception.
Psychotherapist: Any licensed professional who performs or claims to perform psychotherapy on a client.
Penalties:
Class 4 Felony (F4) generally.
Penalties Recap:
Class 4 Felony (F4): General sexual assault on a child or related offenses.
Class 3 Felony (F3): If force, threats, or a pattern of abuse is involved, or if the victim is under 15 years old.
Indeterminate sentencing: Often applied in these cases, requiring ongoing review of the offender’s status.
Sexual offender registration: Mandatory for those convicted of these offenses.
This legal framework ensures stringent penalties and registration requirements for offenders involved in sexual crimes against children and those in positions of trust.
Unlawful Sexual Behavior 4 (ETC)
Invasion of Privacy for Sexual Gratification (C.R.S. 18-3-405.6):
Defendant knowingly observes or takes photographs/videos of another person’s intimate parts without their consent.
This must occur in a situation where the person has a reasonable expectation of privacy.
The observation or recording must be for the purpose of the observer’s sexual gratification.
Penalties:
M1 Extraordinary Risk (E/R) if the defendant has no previous convictions.
F6 E/R if:
The defendant has a prior felony conviction.
The victim is under 15 years of age, and the defendant is at least four years older than the victim.
Victim & Witness’s Prior Sexual History – Rape Shield (C.R.S. § 18-3-407):
Generally, evidence about a victim’s or witness’s prior sexual conduct, opinions, or reputation is inadmissible in court unless it meets certain criteria:
It is evidence of the victim’s or witness’s prior sexual conduct with the actor (defendant).
It is evidence of specific sexual acts to show the source of pregnancy, disease, or injury, or to prove that the acts were not committed by the defendant.
Sexual Offenses – Lie Detector Tests (C.R.S. § 18-3-407.5):
Law enforcement cannot require a sexual assault victim to take a polygraph (lie detector) test as a condition to move forward with a criminal investigation unless written, informed consent is provided.
If such consent is provided, the agency must inform the victim of the possible uses of the test.
A victim’s cooperation in the investigation cannot be conditioned on undergoing a forensic medical examination (including evidence collection).
Statute of Limitations for Sexual Offenses (C.R.S. § 18-3-411(2)):
For felonies, the statute of limitations is 10 years from the time the crime occurred.
For misdemeanors, the statute of limitations is 5 years from the time the crime occurred.
Failure to Register as a Sex Offender (C.R.S. 18-3-412.5):
Sex offenders convicted of certain offenses are required to register annually with local law enforcement.
Offenders must de-register and re-register whenever they change their residence.
Failure to do so may result in additional criminal penalties.
Penalties:
M2 for failing to verify location.
M1 for failing to register with a prior misdemeanor offense.
F6 for failing to register with a prior felony offense.
Penalties Recap:
M1 E/R: Applied when the defendant has a prior misdemeanor conviction.
F6 E/R: Applied if the defendant has a prior felony conviction or if the victim involved is under 15 years old, and the defendant is at least four years older than the victim.
Property Crime (Burglary)
-1. Degrees of Burglary:
1st Degree Burglary (C.R.S. 18-4-202):
Felony (F3/F2): Occurs when someone unlawfully enters or remains in a building or occupied structure with intent to commit a crime (other than trespassing), and:
The defendant or another person assaults or menaces someone, or
They are armed with explosives or a deadly weapon.
F2: If burglary involves a controlled substance dispensary.
2nd Degree Burglary (C.R.S. § 18-4-203):
Felony (F4/F3): Knowingly breaks in, enters, or unlawfully remains in a building, occupied structure, or dwelling with intent to commit a crime.
F3: If the burglary involves theft of a controlled substance, firearm, or ammunition.
3rd Degree Burglary (C.R.S. § 18-4-204):
Misdemeanor (M1/M2): Knowingly breaks into or enters any vault, safe, cash register, or other containers with the intent to commit a crime, especially theft.
M1: If the intent is to steal a controlled substance.
M2: If violating a written notice or court order restraining entry into retail locations.
2. Key Terms:
“Intentionally”: The conscious objective to cause a specific result.
“Knowingly”: The awareness that conduct is practically certain to lead to the offense.
“Premises”: Refers to real estate and improvements.
“Enters Unlawfully”/“Remains Unlawfully”: Refers to when a person is not licensed, invited, or otherwise privileged to be on the premises.
“Dwelling”: Any building used for habitation (C.R.S. § 18-1-901(3)(g)).
3. Possession of Burglary Tools (C.R.S. 18-4-205):
M2: Possession of any tool, instrument, or other article adapted to facilitate forcible entry or theft.
F5: If possessed with the intent to use in the forcible entry of a residence or theft.