§ 18-1-501 — Definitions

The following definitions are applicable to the
determination of culpability requirements for offenses defined in this code:

(1) Act means a bodily movement, and includes words and possession of
property.

(2) Conduct means an act or omission and its accompanying state of mind
or, where relevant, a series of acts or omissions.

(3) Criminal negligence. A person acts with criminal negligence when,
through a gross deviation from the standard of care that a reasonable person would
exercise, he fails to perceive a substantial and unjustifiable risk that a result will
occur or that a circumstance exists.

(4) Culpable mental state means intentionally, or with intent, or knowingly,
or willfully, or recklessly, or with criminal negligence, as these terms are defined in
this section.

(5) Intentionally or with intent. All offenses defined in this code in which
the mental culpability requirement is expressed as intentionally or with intent
are declared to be specific intent offenses. A person acts intentionally or with
intent when his conscious objective is to cause the specific result proscribed by
the statute defining the offense. It is immaterial to the issue of specific intent
whether or not the result actually occurred.

(6) Knowingly or willfully. All offenses defined in this code in which the
mental culpability requirement is expressed as knowingly or willfully are
declared to be general intent crimes. A person acts knowingly or willfully with
respect to conduct or to a circumstance described by a statute defining an offense
when he is aware that his conduct is of such nature or that such circumstance
exists. A person acts knowingly or willfully, with respect to a result of his
conduct, when he is aware that his conduct is practically certain to cause the result.

(7) Omission means a failure to perform an act as to which a duty of
performance is imposed by law.

(8) Recklessly. A person acts recklessly when he consciously disregards a
substantial and unjustifiable risk that a result will occur or that a circumstance
exists.

(9) Voluntary act means an act performed consciously as a result of effort
or determination, and includes the possession of property if the actor was aware of
his physical possession or control thereof for a sufficient period to have been able
to terminate it.

Legislative History

Source: L. 71: R&RE, p. 403, � 1. C.R.S. 1963: � 40-1-601. L. 75: (3), (5), (6), and (8) R&RE, p. 616, � 1, effective July 21. L. 77: (4) amended and (5) and (6) R&RE, p. 959, �� 1, 2, effective July 1.