As used in this part 3, and for no other purpose,
including the expansion of the rights of any defendant:
(1) Crime means any of the following offenses, acts, and violations as
defined by the statutes of the state of Colorado, whether committed by an adult or
a juvenile:
(a) Murder in the first degree, in violation of section 18-3-102, C.R.S.;
(b) Murder in the second degree, in violation of section 18-3-103, C.R.S.;
(c) Manslaughter, in violation of section 18-3-104, C.R.S.;
(d) Criminally negligent homicide, in violation of section 18-3-105, C.R.S.;
(e) Vehicular homicide, in violation of section 18-3-106, C.R.S.;
(f) Assault in the first degree, in violation of section 18-3-202, C.R.S.;
(g) Assault in the second degree, in violation of section 18-3-203, C.R.S.;
(h) Assault in the third degree, in violation of section 18-3-204, C.R.S.;
(i) Vehicular assault, in violation of section 18-3-205, C.R.S.;
(j) Menacing, in violation of section 18-3-206, C.R.S.;
(k) (Deleted by amendment, L. 95, p. 1256, � 22, effective July 1, 1995.)
(l) First degree kidnapping, in violation of section 18-3-301, C.R.S.;
(m) Second degree kidnapping, in violation of section 18-3-302, C.R.S.;
(n) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S.,
as it existed prior to July 1, 2000;
(o) Sexual assault in the second degree, in violation of section 18-3-403,
C.R.S., as it existed prior to July 1, 2000;
(p) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S.,
as it existed prior to July 1, 2000;
(q) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(r) Sexual assault on a child by one in a position of trust, in violation of
section 18-3-405.3, C.R.S.;
(s) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(s.3) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.;
(t) Robbery, in violation of section 18-4-301, C.R.S.;
(u) Aggravated robbery, in violation of section 18-4-302, C.R.S.;
(v) Aggravated robbery of controlled substances, in violation of section 18-4-303, as it existed prior to October 1, 2023;
(w) Repealed.
(x) Incest, in violation of section 18-6-301, C.R.S.;
(y) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(z) Child abuse, in violation of section 18-6-401, C.R.S.;
(aa) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(bb) Crimes against at-risk adults or at-risk juveniles, in violation of section
18-6.5-103, C.R.S.;
(bb.3) Any crime identified by law enforcement prior to the filing of charges
as domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(bb.7) An act identified by a district attorney in a formal criminal charge as
domestic violence, as defined in section 18-6-800.3 (1), C.R.S.;
(cc) Any crime, the underlying factual basis of which has been found by the
court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1), C.R.S.;
(cc.1) (I) Stalking, in violation of section 18-3-602, C.R.S.;
(II) Stalking, in violation of section 18-9-111 (4), C.R.S., as it existed prior to
August 11, 2010;
(cc.2) Harassment in violation of section 18-9-111 (1)(i);
(cc.3) A bias-motivated crime, in violation of section 18-9-121, C.R.S.;
(cc.4) Harassment that is bias-motivated, in violation of section 18-9-111 (2);
(cc.5) Careless driving, in violation of section 42-4-1402 (2)(c), that results in
the serious bodily injury or death of another person;
(cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601, where the accident results in the death or serious bodily injury of another
person;
(cc.7) False reporting of an emergency in violation of section 18-8-111 that is
a bias-motivated crime as described in section 18-9-121 (2);
(dd) Any criminal attempt, as described in section 18-2-101, C.R.S., any
conspiracy, as described in section 18-2-201, C.R.S., any criminal solicitation, as
described in section 18-2-301, C.R.S., and any accessory to a crime, as described in
section 18-8-105, C.R.S., involving any of the crimes specified in this subsection (1);
(ee) Retaliation against a witness or victim, in violation of section 18-8-706,
C.R.S.;
(ee.3) Intimidating a witness or a victim, in violation of section 18-8-704,
C.R.S.;
(ee.7) Aggravated intimidation of a witness or a victim, in violation of section
18-8-705, C.R.S.;
(ff) Tampering with a witness or victim, in violation of section 18-8-707,
C.R.S.;
(gg) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(hh) Violation of a protection order issued under section 18-1-1001 against a
person charged with committing sexual assault in violation of section 18-3-402,
sexual assault on a child in violation of section 18-3-405, sexual assault on a child
by one in a position of trust in violation of section 18-3-405.3, sexual assault on a
client by a psychotherapist in violation of section 18-3-405.5, or stalking in violation
of section 18-3-602;
(ii) Human trafficking in violation of section 18-3-503 or 18-3-504, C.R.S.;
(jj) First degree burglary, in violation of section 18-4-202, C.R.S.;
(jj.5) Second degree burglary of a dwelling, in violation of section 18-4-203
(2)(b)(I);
(kk) Retaliation against a judge or elected official, in violation of section 18-8-615; retaliation against a prosecutor, in violation of section 18-8-616; or
retaliation against a juror, in violation of section 18-8-706.5;
(ll) Child prostitution, in violation of section 18-7-401, C.R.S.; soliciting for
child prostitution, in violation of section 18-7-402, C.R.S.; procurement of a child for
sexual exploitation, in violation of section 18-6-404, C.R.S.; pimping of a child, in
violation of section 18-7-405, C.R.S.; inducement of child prostitution, in violation of
section 18-7-405.5, C.R.S.; or patronizing a prostituted child, in violation of section
18-7-406, C.R.S.;
(mm) Disclosing a private intimate image or intimate digital depiction for
harassment in violation of section 18-7-107 or disclosing a private intimate image or
intimate digital depiction for pecuniary gain in violation of section 18-7-108;
(nn) First degree arson, in violation of section 18-4-102;
(oo) Criminal invasion of privacy, in violation of section 18-7-801.
(1.2) Cold case means a felony crime reported to law enforcement that has
remained unsolved for over one year after the crime was initially reported to law
enforcement and for which the applicable statute of limitations has not expired.
(1.3) Correctional facility means any private or public entity providing
correctional services to offenders pursuant to a court order including, but not
limited to a county jail, a community corrections provider, the division of youth
services, and the department of corrections.
(1.5) Correctional official means any employee of a correctional facility.
(2) Critical stages means the following stages of the criminal justice
process:
(a) The filing of charges against a person accused of a crime;
(a.3) Any hearing for the disclosure of the name and identifying information
of a child victim or child witness pursuant to section 24-72-304 (4.5)(a.5);
(a.5) The decision not to file charges against a person accused of a crime;
(a.7) The decision to enter into a diversion agreement pursuant to section 18-1.3-101, or to make a referral to the bridges wraparound care program pursuant to
section 16-8.6-108;
(b) The preliminary hearing;
(c) (I) Any court action involving a bond reduction or modification at which
the following occurs:
(A) A bond is set lower than the scheduled or customary amount for the
specific charge, including any adjustments made by the court to the amount of
bond to correspond to the specific charge to which the defendant pled guilty or for
which the defendant was convicted, if the adjusted bond is lower than the
scheduled or customary amount for the specific charge;
(B) A change in the type of bond;
(C) A modification to a condition of the bond;
(D) A defendant is permitted to appear without posting a bond;
(E) In a case involving a capital offense, the court grants the defendant's
motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or
(F) For jurisdictions that do not have a bond schedule or customary amount
for bond, a bond is modified to a lower amount than that set at the initial bond
hearing.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c),
the following shall not constitute a bond reduction or modification:
(A) The initial setting of a bond, whether set by the court at the first
appearance or by another entity authorized to do so by the court prior to the first
appearance;
(B) The setting of a new bond upon the filing of charges by the district
attorney, so long as the bond is set at or above the scheduled or customary amount
for the specific charge filed; and
(C) For nonbailable offenses pursuant to section 16-4-101, C.R.S., the
subsequent setting of a bond by the court.
(d) The arraignment of a person accused of a crime;
(e) Any hearing on motions concerning evidentiary matters or pre-plea or
post-plea relief;
(e.5) Any subpoena or application for records concerning the victim's
medical history; mental health; education; victim's compensation; or records that
are privileged pursuant to section 13-90-107;
(f) Any disposition of the complaint or charges against the person accused;
(g) The trial;
(h) Any sentencing or resentencing hearing;
(i) Any appellate review or appellate decision;
(j) Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the
Colorado rules of criminal procedure or any other provision of state or federal law;
(j.5) Any court-ordered modification of the terms and conditions of probation
as described in section 18-1.3-204 or 19-2.5-1108 and as outlined in section 24-4.1-303 (13.5)(a);
(k) Any probation revocation hearing;
(k.3) The filing of any complaint, summons, or warrant filed by the probation
department;
(k.5) The change of venue or transfer of probation supervision from one
jurisdiction to another;
(k.7) The request for any release from probation supervision prior to the
expiration of the defendant's sentence;
(l) An attack on a judgment or conviction for which a court hearing is set;
(m) Any parole application hearing and full parole board review hearing;
(n) The parole, release, or discharge from imprisonment of a person
convicted of a crime;
(o) Any parole revocation hearing;
(p) The transfer to or placement of a person convicted of a crime in a
nonsecured facility;
(q) The transfer, release, or escape of a person charged with or convicted of
a crime from any state hospital;
(r) Any petition or motion to terminate sex offender registration filed
pursuant to section 16-22-113;
(r.3) (I) Except as provided in subsection (2)(r.3)(II) of this section, any
hearing concerning a petition for expungement as described in section 19-1-306.
(II) The entry of an order of expungement is not a critical stage if:
(A) The case resulted in a not guilty verdict at trial;
(B) The case was dismissed in its entirety;
(C) The juvenile completed a sentence for a petty offense, any drug petty
offense, any level 1 or level 2 drug misdemeanor, or a class 2 or class 3
misdemeanor offense not involving unlawful sexual behavior as defined in section
16-22-109 (9), domestic violence as described in section 18-6-800.3, or a crime that
is a crime listed under section 24-4.1-302 (1); or
(D) The juvenile completed a sentence for a municipal offense not involving
domestic violence as described in section 18-6-800.3.
(s) The execution of an offender in a capital case;
(t) A hearing held pursuant to section 18-1-414 (2)(b), C.R.S.;
(u) The decision, whether by court order, stipulation of the parties, or
otherwise, to conduct postconviction DNA testing pursuant to section 18-1-413, the
results of any such postconviction DNA testing, and court proceedings initiated
based on the result of the postconviction DNA testing. An inmate's written or oral
request for such testing is not a critical stage.
(u.5) A hearing held pursuant to section 18-1-416 (1.5);
(v) A hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710;
(w) A hearing held pursuant to section 24-31-902 (2)(c);
(x) A hearing held pursuant to section 18-1.3-103.7 or 19-2.5-1118.5;
(y) A petition for modification of sentence filed pursuant to section 18-1.3-406 (1)(b) and any associated hearing;
(z) A petition for modification of sentence filed pursuant to section 18-1.3-801 (6) and any associated hearing.
(3) Lawful representative means any person who is designated by the
victim or appointed by the court to act in the best interests of the victim.
(3.5) Modification of sentence means an action taken by the court to
modify the length, terms, or conditions of an offender's sentence pursuant to rule
35 (a) or (b) of the Colorado rules of criminal procedure; a resentencing following a
probation revocation hearing; or a request for early termination of probation. As
used in this subsection (3.5), action taken by the court includes an order by the
court modifying an offender's sentence upon review of the written motion without a
hearing but does not include an order denying a motion to modify a sentence
without a hearing.
(4) Significant other means any person who is in a family-type living
arrangement with a victim and who would constitute a spouse of the victim if the
victim and such person were married.
(5) Victim means any natural person against whom any crime has been
perpetrated or attempted, unless the person is accountable for the crime or a crime
arising from the same conduct or plan as crime is defined under the laws of this
state or of the United States, or, if such person is deceased or incapacitated, the
person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild,
significant other, or other lawful representative. For purposes of notification under
this part 3, any person under the age of eighteen years is considered incapacitated,
unless that person is legally emancipated. It is the intent of the general assembly
that this definition of the term victim shall apply only to this part 3 and shall not
be applied to any other provision of the laws of the state of Colorado that refer to
the term victim.
(6) Victim's immediate family means the spouse, any child by birth or
adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian,
significant other, or a lawful representative of the victim.
(7) Witness means any natural person:
(a) Having knowledge of the existence or nonexistence of facts relating to
any crime;
(b) Whose declaration under oath is received or has been received as
evidence for any purpose;
(c) Who has reported any crime to any peace officer, correctional officer, or
judicial officer;
(d) Who has been served with a subpoena issued under the authority of any
court in this state, of any other state, or of the United States; or
(e) Who would be believed by any reasonable person to be an individual
described in paragraph (a), (b), (c), or (d) of this subsection (7).
Source: L. 84: Entire part added, p. 654, � 3, effective May 14. L. 87: (2)
amended, p. 1581, � 35, effective July 10. L. 92: Entire section amended, p. 415, � 2,
effective January 14, 1993. L. 93: (1)(k) and (1)(w) amended, p. 1653, � 53, effective
July 1. L. 95: (1)(w) repealed, p. 1110, � 64, effective May 31; IP(1), (1)(bb), (1)(cc), (2)(c),
(2)(e), (2)(l), and (5) amended and (1)(dd) added, p. 1402, � 4, effective July 1; (1)(k)
and (1)(bb) amended, p. 1256, � 22, effective July 1. L. 97: (1)(cc) and (1)(dd) amended
and (1)(cc.1), (1)(cc.3), (1)(cc.5), (1)(cc.6), (2)(k.3), (2)(k.5), and (2)(k.7) added, pp. 1560,
1561, �� 4, 5, effective July 1. L. 99: (1)(cc.1) amended, p. 794, � 2, effective July 1. L.
2000: (1)(cc.6) amended and (1)(ee), (1)(ff), (1.3), and (1.5) added, pp. 241, 240, �� 4, 3,
effective March 29; (1)(n), (1)(o), and (1)(p) amended, p. 707, � 34, effective July 1. L.
2005: (1)(cc.3) amended, p. 1501, � 6, effective July 1. L. 2006: IP(1), (1)(ee), (2)(k.5),
(2)(k.7), and (2)(p) amended and (1)(bb.3), (1)(bb.7), (1)(ee.3), (1)(ee.7), (1)(gg), (1)(hh),
(1.2), (2)(a.5), (2)(e.5), (2)(r), and (2)(s) added, pp. 643, 644, �� 1, 2, 3, effective July 1. L. 2007: (2)(l) amended, p. 839, � 1, effective May 14. L. 2008: (2)(c) amended, p.
325, � 1, effective April 7; (2)(r) and (2)(s) amended and (2)(t) added, p. 1513, � 3,
effective May 28. L. 2010: (1)(cc.1) amended, (HB 10-1233), ch. 88, p. 296, � 7,
effective August 11. L. 2011: (1)(s.3) added, (HB 11-1303), ch. 264, p. 1164, � 55,
effective July 1, 2012. L. 2012: (1)(gg), (2)(s), (2)(t), and (5) amended and (1)(ii), (1)(jj),
(1)(kk), (2)(u), and (3.5) added, (HB 12-1053), ch. 244, p. 1151, � 1, effective August 8. L. 2013: (2)(a.7) added, (HB 13-1156), ch. 336, p. 1958, � 7, effective August 7; (2)(r.3)
added, (HB 13-1082), ch. 238, p. 1157, � 2, effective August 7. L. 2014: (1)(ii)
amended, (HB 14-1273), ch. 282, pp. 1157, 1158, �� 23, 26, effective July 1; (1)(ii), (1)(jj),
(2)(j), and (5) amended and (1)(ll) and (2)(j.5) added, (HB 14-1148), ch. 95, p. 347, � 1,
effective August 6. L. 2015: (1)(kk) amended, (HB 15-1229), ch. 239, p. 885, � 3,
effective May 29. L. 2016: (2)(h) amended, (SB 16-181), ch. 353, p. 1452, � 6,
effective June 10. L. 2017: (1.3) amended, (HB 17-1329), ch. 381, p. 1981, � 52,
effective June 6; (1)(cc.6), (1)(hh), (2)(j.5), (2)(m), and (3.5) amended and (1)(mm)
added, (SB 17-051), ch. 155, p. 527, � 1, effective August 9; (2)(r.3) amended, (HB 17-1204), ch. 206, p. 784, � 6, effective November 1. L. 2019: (2)(t) amended and (2)(v)
added, (HB 19-1275), ch. 295, p. 2747, � 4, effective August 2. L. 2020: (2)(w) added,
(SB 20-217), ch. 110, p. 457, � 11, effective June 19. L. 2021: (1)(cc.4) added, (SB 21-280), ch. 372 p. 2465, � 3, effective June 28; (1)(kk) amended, (SB 21-064), ch. 190, p.
1008, � 2, effective July 1; (2)(r) amended, (HB 21-1064), ch. 320, p. 1969, � 10,
effective September 1; (2)(v) amended, (HB 21-1214), ch. 455, p. 3036, � 8, effective
September 7; (2)(j.5) amended, (SB 21-059), ch. 136, p. 742, � 108, effective October
1; (1)(jj.5) added, (SB 21-271), ch. 462, p. 3223, � 403, effective March 1, 2022. L.
2022: (1)(nn) and (1)(oo) added and (2)(e.5) and (2)(k.3) amended, (SB 22-049), ch.
152, p. 969, � 2, effective May 6. L. 2023: (1)(cc.7) added, (SB 23-249), ch. 418, p.
2470, � 4, effective June 7; (2)(y) and (2)(z) added, (HB 23-1292), ch. 297, p. 1781, � 3,
effective July 1; (2)(a.3) added, (SB 23-075), ch. 242, p. 1300, � 2, effective August 7;
(2)(x) added, (HB 23-1187), ch. 246, p. 1347, � 9, effective August 7; (1)(v) amended,
(HB 23-1293), ch. 298, p. 1796, � 61, effective October 1; (2)(u) amended and (2)(u.5)
added, (HB 23-1034), ch. 15, p. 47, � 7, effective October 1. L. 2024: (2)(a.7)
amended, (HB 24-1355), ch. 471, p. 3315, � 15, effective August 7. L. 2025: (1)(cc.5)
amended, (SB 25-281), ch. 346, p. 1871, � 2, effective June 2; (1)(cc.2) added, (HB 25-1290), ch. 353, p. 1909, � 3, effective August 6; (1)(jj.5) amended, (SB 25-300), ch.
428, p. 2448, � 27, effective August 6; (1)(mm) amended, (SB 25-288), ch. 339, p.
1837, � 7, effective August 6.