2021 Colorado Code
Title 18 - Criminal Code
Article 9 - Offenses Against Public Peace, Order, and Decency
Part 1 - Public Peace and Order
§ 18-9-101. Definitions

As used in this part 1, unless the context otherwise requires:

1. “Destructive device” means any material, substance, or mechanism capable of being used, either by itself or in combination with any other substance, material, or mechanism, to cause sudden and violent injury, damage, destruction, or death.

   (1.4) “Funeral” means the ceremonies, rituals, and memorial services held in connection with the final disposition or memorial of a deceased person, including the assembly and dispersal of the mourners.

   (1.5) “Funeral site” means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other place where a funeral is conducted.
2. “Riot” means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.

History. Source: L. 71: R&RE, p. 466, § 1. C.R.S. 1963: § 40-9-101 . L. 95: (2) amended, p. 1255, § 18, effective July 1. L. 2006: (1.4) and (1.5) added, p. 1198, § 2, effective May 26. L. 2021: (1.4) amended,(SB 21-006), ch. 123, p. 496, § 23, effective September 7.

Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.

In 2006, subsections (1.4) and (1.5) were added by the “Right to Rest in Peace Act”. For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.

Provisions give clear warning that participation in riot forbidden. Subsection (2) of this section and § 18-9-104 give clear warning that knowing participation in the defined conduct is forbidden and provide explicit standards to guide persons charged with their enforcement. People v. Bridges, 620 P.2d 1 (Colo. 1980).

Engaging in a riot was a crime at common law requiring mens rea, or guilty mind, to be criminally actionable. People v. Bridges, 620 P.2d 1 (Colo. 1980).

Mental state “knowingly” is required for the offense of engaging in a riot. People v. Bridges, 620 P.2d 1 (Colo. 1980).