Colorado Revised Statutes Title 18. Criminal Code § 18-1-504. Effect of ignorance or mistake upon culpability
Current as of January 01, 2022 | Updated by FindLaw Staff
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(1) A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless:
(a) It negatives the existence of a particular mental state essential to commission of the offense; or
(b) The statute defining the offense or a statute relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or
(c) The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in sections 18-1-701 to 18-1-707.
(2) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless the conduct is permitted by one or more of the following:
(a) A statute or ordinance binding in this state;
(b) An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant the permission under the laws of the state of Colorado;
(c) An official written interpretation of the statute or law relating to the offense, made or issued by a public servant, agency, or body legally charged or empowered with the responsibility of administering, enforcing, or interpreting a statute, ordinance, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the state of Colorado.
(3) Any defense authorized by this section is an affirmative defense.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 18. Criminal Code § 18-1-504. Effect of ignorance or mistake upon culpability - last updated January 01, 2022 | https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-1-504/
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