Colorado Revised Statutes Title 18. Criminal Code § 18-1-501. Definitions

The following definitions are applicable to the determination of culpability requirements for offenses defined in this code:

(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 consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

(9) “Voluntary act” means an act performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.


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