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2024 Colorado Revised Statutes
Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102)
Article 1 - Provisions Applicable to Offenses Generally (§§ 18-1-101 — 18-1-1109)
Part 4 - RIGHTS OF DEFENDANT (§§ 18-1-401 — 18-1-417)
Section 18-1-407 - Affirmative defense
Universal Citation:
CO Rev Stat § 18-1-407 (2024)
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- (1) "Affirmative defense" means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.
- (2) If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.
L. 71: R&RE, p. 400, § 1. C.R.S. 1963: § 40-1-507.
For the affirmative defense of impaired mental condition, see §§ 16-8-103.5 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1-710 and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 through 15 of this title 18.
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