§ 18-2-202 — Joinder and venue in conspiracy prosecutions

(1) Subject to the
provisions of subsection (2) of this section, two or more persons charged with
criminal conspiracy may be prosecuted jointly if:

(a) They are charged with conspiring with one another; or

(b) They are charged with being involved in conspiracies that are so related
as to constitute different aspects of a scheme of organized criminal conduct. In
such case it is immaterial that the persons charged are not parties to the same
conspiracy.

(2) In any joint prosecution under subsection (1) of this section:

(a) No defendant shall be charged with a conspiracy in any judicial district
other than one in which he entered into the conspiracy or in which an overt act
pursuant to such conspiracy was done by him or by a person with whom he
conspired; and

(b) Neither the liability of any defendant nor the admissibility against him of
evidence of acts or declarations of another shall be enlarged by this joinder; and

(c) The court shall order a severance or take a special verdict as to any
defendant who so requests, if it deems it necessary or appropriate to promote the
fair determination of his guilt or innocence.

Legislative History

Source: L. 71: R&RE, p. 415, � 1. C.R.S. 1963: � 40-2-202.