2021 Colorado Code
Title 18 - Criminal Code
Article 7 - Offenses Relating to Morals
Part 1 - Obscenity - Offenses
§ 18-7-105. Severability

If any provision of this part 1 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this part 1 are valid, unless it appears to the court that the valid provisions of this part 1 are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

History. Source: L. 81: Entire part R&RE, p. 1002, § 1, effective July 1.

Qualified severability clause used by court in determining legislative intent. Such a clause creates a presumption that the legislature would have been satisfied with the portions of the statute that remain after the unconstitutional provisions are stricken. People v. Seven Thirty-five East Colfax, Inc., 697 P.2d 348 (Colo. 1985).