Colorado § 16-8-101.5 Insanity defined - offenses committed on and after July 1, 1995

Colorado Statutes

§ 16-8-101.5 — Insanity defined - offenses committed on and after July 1, 1995

Colorado § 16-8-101.5

Title 16Criminal

Art.Insanity - Release

This text of Colorado § 16-8-101.5 (Insanity defined - offenses committed on and after July 1, 1995) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-8-101.5 (2026).

Text

(1)The applicable test of insanity shall be:

(a)A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or

(b)A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such

Free access — add to your briefcase to read the full text and ask questions with AI

(1) The applicable test of insanity shall be:

(a) A person who is so diseased or defective in mind at the time of the
commission of the act as to be incapable of distinguishing right from wrong with
respect to that act is not accountable; except that care should be taken not to
confuse such mental disease or defect with moral obliquity, mental depravity, or
passion growing out of anger, revenge, hatred, or other motives and kindred evil
conditions, for, when the act is induced by any of these causes, the person is
accountable to the law; or

(b) A person who suffered from a condition of mind caused by mental
disease or defect that prevented the person from forming a culpable mental state
that is an essential element of a crime charged, but care should be taken not to
confuse such mental disease or defect with moral obliquity, mental depravity, or
passion growing out of anger, revenge, hatred, or other motives and kindred evil
conditions because, when the act is induced by any of these causes, the person is
accountable to the law.

(2) Repealed.

(3) This section applies to offenses committed on or after July 1, 1995.

Legislative History

Source: L. 95: Entire section added, p. 71, � 2, effective July 1. L. 2020: (2) amended, (SB 20-221), ch. 279, p. 1365, � 2, effective July 13. L. 2021: IP(2) amended, (SB 21-266), ch. 423, p. 2800, � 14, effective July 2. L. 2025: (2) repealed and (3) amended, (HB 25-1058), ch. 15, p. 38, � 2, effective August 6.