§ 18-1-901 — Definitions

Colorado § 18-1-901

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

Text

(1) Definitions set forth in any section of this title
apply wherever the same term is used in the same sense in another section of this
title unless the definition is specifically limited or the context indicates that it is
inapplicable.

(2) The terms defined in section 18-1-104 and in section 18-1-501, as well as
the terms defined in subsection (3) of this section, are terms which appear in
various articles of this code. Other terms which need definition but which are used
only in a limited number of sections of this code are defined in the particular section
or article in which the terms appear.

(3) (a) To aid or to assist includes knowingly to give or lend money or
extend credit to be used for, or to make possible or available, or to further the
activity thus aided or assisted.

(b) Benefit means any gain or advantage to the beneficiary including any
gain or advantage to another person pursuant to the desire or consent of the
beneficiary.

(c) Bodily injury means physical pain, illness, or any impairment of physical
or mental condition.

(d) Deadly physical force means force, the intended, natural, and probable
consequence of which is to produce death, and which does, in fact, produce death.

(e) Deadly weapon means:

(I) A firearm, whether loaded or unloaded; or

(II) A knife, bludgeon, or any other weapon, device, instrument, material, or
substance, whether animate or inanimate, that, in the manner it is used or intended
to be used, is capable of producing death or serious bodily injury.

(III) and (IV) (Deleted by amendment, L. 2013.)

(f) Deface means to alter the appearance of something by removing,
distorting, adding to, or covering all or a part of the thing.

(g) Dwelling means a building which is used, intended to be used, or
usually used by a person for habitation.

(h) Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun,
or other instrument or device capable or intended to be capable of discharging
bullets, cartridges, or other explosive charges.

(h.5) Gender identity and gender expression mean a person's gender-related identity and gender-related appearance or behavior whether or not that
gender-related identity, appearance, or behavior is associated with the person's
assigned sex at birth.

(i) Government includes the United States, any state, county, municipality,
or other political unit, any branch, department, agency, or subdivision of any of the
foregoing, and any corporation or other entity established by law to carry out any
governmental function.

(j) Governmental function includes any activity which a public servant is
legally authorized to undertake on behalf of government.

(k) Motor vehicle includes any self-propelled device by which persons or
property may be moved, carried, or transported from one place to another by land,
water, or air, except devices operated on rails, tracks, or cables fixed to the ground
or supported by pylons, towers, or other structures.

(l) Repealed.

(m) Pecuniary benefit means benefit in the form of money, property,
commercial interests, or anything else, the primary significance of which is
economic gain.

(n) Public place means a place to which the public or a substantial number
of the public has access, and includes but is not limited to highways, transportation
facilities, schools, places of amusement, parks, playgrounds, and the common areas
of public and private buildings and facilities.

(o) Public servant means any officer or employee of government, whether
elected or appointed, and any person participating as an advisor, consultant,
process server, or otherwise in performing a governmental function, but the term
does not include witnesses.

(o.5) Restorative justice practices means practices that emphasize
repairing the harm caused to victims and the community by offenses. Restorative
justice practices include victim-offender conferences, family group conferences,
circles, community conferences, and other similar victim-centered practices.
Restorative justice practices are facilitated meetings attended voluntarily by the
victim or victim's representatives, the victim's supporters, the offender, and the
offender's supporters and may include community members. By engaging the
parties to the offense in voluntary dialogue, restorative justice practices provide an
opportunity for the offender to accept responsibility for the harm caused to the
victim and community, promote victim healing, and enable the participants to agree
on consequences to repair the harm, to the extent possible, including but not
limited to apologies, community service, reparation, restoration, and counseling.
Restorative justice practices may be used in addition to any other conditions,
consequences, or sentence imposed by the court.

(p) Serious bodily injury means bodily injury that, either at the time of the
actual injury or at a later time, involves a substantial risk of death; a substantial risk
of serious permanent disfigurement; a substantial risk of protracted loss or
impairment of the function of any part or organ of the body; or breaks, fractures, a
penetrating knife or penetrating gunshot wound, or burns of the second or third
degree.

(q) Tamper means to interfere with something improperly, to meddle with
it, or to make unwarranted alterations in its condition.

(r) Thing of value includes real property, tangible and intangible personal
property, contract rights, choses in action, services, confidential information,
medical records information, and any rights of use or enjoyment connected
therewith.

(r.5) Transgender identity means identity based on an individual's gender
identity or expression being different from that typically associated with their sex
at birth.

(s) Utility means an enterprise which provides gas, sewer, electric, steam,
water, transportation, or communication services, and includes any carrier, pipeline,
transmitter, or source, whether publicly or privately owned or operated.

Legislative History

Source: L. 71: R&RE, p. 413, � 1. C.R.S. 1963: � 40-1-1001. L. 73: p. 534, � 1. L. 75: (3)(l) amended, p. 1315, � 8, effective July 14. L. 77: (3)(l) amended, p. 949, � 11, effective August 1. L. 79: (3)(l) amended, p. 1212, � 1, effective June 21; (3)(r) amended, p. 726, � 2, effective July 1; (3)(e) amended, p. 731, � 1, effective October 1. L. 80: (3)(l) amended, p. 531, � 1, effective January 29. L. 81: (3)(e) and (3)(l) amended, p. 972, �� 2, 3, effective July 1. L. 82: (3)(l) amended, p. 384, � 2, effective April 30. L. 84: (3)(l) amended, p. 921, � 8, effective January 1, 1985. L. 85: (3)(p) amended, p. 664, � 1, effective March 1. L. 86: (3)(l) R&RE, p. 773, � 1, effective July 1; (3)(l)(III) amended, p. 1236, � 45, effective July 1. L. 87: (3)(l)(III) amended, p. 1489, � 1, effective April 30; (3)(l)(IV) amended, p. 817, � 20, effective October 1. L. 88: (3)(l)(II) and (3)(l)(IV) amended and (3)(l)(IV.5) added, pp. 664, 720, �� 5, 1, effective July 1. L. 89: (3)(l)(II) and (3)(l)(III) amended, p. 888, � 1, effective April 6; (3)(l)(II) amended, p. 890, � 1, effective April 8. L. 90: (3)(l)(IV) and (3)(l)(IV.5)(C) amended, pp. 1613, 565, �� 8, 38, effective July 1. L. 91: (3)(l)(III) amended, p. 1582, � 7, effective June 4; (3)(p) amended, p. 405, � 8, effective June 6. L. 92: (3)(l)(I), (3)(l)(II), and IP(3)(l)(IV.5) amended, p. 1097, � 6, effective March 6; (3)(l)(II) and (3)(l)(III) amended, p. 431, � 1, effective April 23. L. 93: (3)(l)(IV.5)(A) and (3)(l)(IV.5)(B) amended, p. 56, � 1, effective March 22; (3)(l)(II)(B) amended, p. 1776, � 38, effective June 6; (3)(l)(IV) amended, p. 1236, � 5, effective July 1. L. 94: (3)(l)(III) amended, p. 1731, � 11, effective May 31; (3)(l)(II)(A) amended, p. 1716, � 6, effective July 1; (3)(l)(IV) amended, p. 1311, � 11, effective July 1. L. 95: (3)(l)(II)(A) and (3)(l)(III) amended, p. 870, � 1, effective May 24; (3)(l)(III) amended, p. 109, � 1, effective July 1. L. 96: (3)(l)(III) and (3)(l)(IV) amended, p. 1004, � 10, effective May 23; (3)(l)(IV.5) and (3)(l)(V) amended and (3)(l)(IV.7) added, p. 1574, � 6, effective June 3; (3)(l)(IV) amended, p. 1691, � 24, effective January 1, 1997. L. 97: (3)(l)(III) amended, p. 301, � 12, effective July 1. L. 98: (3)(l)(III) amended, p. 1186, � 3, effective July 1. L. 99: (3)(l)(II)(A) and (3)(l)(III) amended, p. 424, � 4, effective April 30. L. 2000: (3)(l)(II)(A) amended, p. 42, � 1, effective March 10; (3)(l)(II)(A) amended, p. 230, � 4, effective March 29. L. 2002: (3)(l)(I) and (3)(l)(III) amended, p. 839, � 1, effective May 30; (3)(l)(II)(A) amended, p. 1212, � 8, effective June 3; (3)(l)(III) amended, p. 71, � 4, effective August 7; (3)(l)(III) amended, p. 1511, � 181, effective October 1. L. 2003: (3)(l) repealed, p. 1605, � 1, effective August 6. L. 2011: (3)(o.5) added, (HB 11-1032), ch. 296, p. 1402, � 6, effective August 10. L. 2013: (3)(e) amended, (HB 13-1043), ch. 39, p. 110, � 1, effective March 15; (3)(o.5) amended, (HB 13-1254), ch. 341, p. 1981, � 1, effective August 7. L. 2020: (3)(h.5) added, (SB 20-221), ch. 279, p. 1368, � 5, effective July 13. L. 2023: (3)(p) amended, (SB 23-034), ch. 316, p. 1916, � 1, effective July 1. L. 2024: (3)(r.5) added, (SB 24-189), ch. 305, p. 2068, � 3, effective July 1.