§ 18-1-503.5 — Principles of criminal culpability

Colorado § 18-1-503.5

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(1) If the criminality of
conduct depends on a child being younger than eighteen years of age and the child
was in fact at least fifteen years of age, it shall be an affirmative defense that the
defendant reasonably believed the child to be eighteen years of age or older. This
affirmative defense shall not be available if the criminality of conduct depends on
the defendant being in a position of trust.

(2) If the criminality of conduct depends on a child's being younger than
eighteen years of age and the child was in fact younger than fifteen years of age,
there shall be no defense that the defendant reasonably believed the child was
eighteen years of age or older.

(3) If the criminality of conduct depends on a child being younger than
fifteen years of age, it shall be no defense that the defendant did not know the
child's age or that the defendant reasonably believed the child to be fifteen years
of age or older.

Legislative History

Source: L. 2001: Entire section added, p. 859, � 6, effective July 1. L. 2007: (1) amended, p. 1687, � 4, effective July 1.