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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) When the commission of an offense, or some element of an offense, requires a particular culpable mental state, that mental state is ordinarily designated by use of the terms “intentionally”, “with intent”, “knowingly”, “willfully”, “recklessly”, or “criminal negligence” or by use of the terms “with intent to defraud” and “knowing it to be false” describing a specific kind of intent or knowledge.
(2) Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of that offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such a culpable mental state.
(3) If a statute provides that criminal negligence suffices to establish an element of an offense, that element also is established if a person acts recklessly, knowingly, or intentionally. If recklessness suffices to establish an element, that element also is established if a person acts knowingly or intentionally. If acting knowingly suffices to establish an element, that element also is established if a person acts intentionally.
(4) When a statute defining an offense prescribes as an element thereof a specified culpable mental state, that mental state is deemed to apply to every element of the offense unless an intent to limit its application clearly appears.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Criminal Code § 18-1-503. Construction of statutes with respect to culpability requirements - last updated January 01, 2025 | https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-1-503/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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