Colorado § 18-1-803 Impaired mental condition

Colorado Statutes

§ 18-1-803 — Impaired mental condition

Colorado·Title 18 Criminal·Art. Provisions Applicable to

(1)Evidence of an impaired mental condition, as defined in section 16-8-102 (4), though not legal insanity, may be offered in a proper case as bearing upon the capacity of the accused to form the culpable mental state that is an element of the offense charged.

(2)An intention to assert the affirmative defense of impaired mental condition shall be made pursuant to section 16-8-103.5, C.R.S.

(3)When the affirmative defense of impaired mental condition has been raised, the jury will be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges which are before the court. If the trier of fact concludes that guilt has been proven beyond a reasonable doubt as to one or more of the felony charges submitted f

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(1) Evidence of an impaired mental
condition, as defined in section 16-8-102 (4), though not legal insanity, may be
offered in a proper case as bearing upon the capacity of the accused to form the
culpable mental state that is an element of the offense charged.

(2) An intention to assert the affirmative defense of impaired mental
condition shall be made pursuant to section 16-8-103.5, C.R.S.

(3) When the affirmative defense of impaired mental condition has been
raised, the jury will be given special verdict forms containing interrogatories. The
trier of fact shall decide first the question of guilt as to felony charges which are
before the court. If the trier of fact concludes that guilt has been proven beyond a
reasonable doubt as to one or more of the felony charges submitted for
consideration, the special interrogatories shall not be answered. Upon completion
of its deliberations on the felony charges as previously set forth in this subsection
(3), the trier of fact shall consider any other charges before the court in a similar
manner; except that it shall not answer the special interrogatories regarding such
charges if it has previously found guilt beyond a reasonable doubt with respect to
one or more felony charges. The interrogatories shall provide for specific findings
of the jury with respect to the affirmative defense of impaired mental condition in
accordance with the Colorado rules of criminal procedure. When the court sits as
the trier of fact, it shall enter appropriate specific findings with respect to the
affirmative defense of impaired mental condition. If the trier of fact finds that the
defendant is not guilty by reason of the affirmative defense of impaired mental
condition, the court shall commit the defendant to the department of human
services pursuant to section 16-8-103.5 (5), C.R.S.

(4) This section shall apply to offenses committed before July 1, 1995.

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Legislative History

Source: L. 71: R&RE, p. 412, � 1. C.R.S. 1963: � 40-1-903. L. 83: Entire section amended, p. 677, � 11, effective July 1. L. 94: (3) amended, p. 2654, � 136, effective July 1. L. 96: (4) added, p. 5, � 5, effective January 31. L. 2025: (1) amended, (HB 25-1058), ch. 15, p. 58, � 25, effective August 6.