Principles of Culpability and Responsibilities - 3.08

This Chapter shall be applicable to all criminal offenses defined in Title 3 Municipal Court as well as any other criminal offenses prosecuted in the municipal court.

The minimum requirements for criminal liability are the performance by a person of conduct, which includes a voluntary act or the omission to perform an act, which he is physically capable of performing.

1. A person is not relieved of criminal liability for conduct because he is engaged in that conduct under a mistaken belief of fact unless:
   1. It negates the existence of a particular mental state essential to commission of the offense;
   2. Or the provision of this Code defining the offense or any provision relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or
   3. The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in Chapter 3.12 Parties to Offense--Accountability of this Title 3 Municipal Court.
2. A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief that it does not, as a matter of law, constitute an offense, unless the conduct is permitted by one of the following
   1. A statute or provision of this Code binding in the State and/or the Town;
   2. An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant such permission under a provision of this Code and/or Colorado Revised Statutes;
   3. An official written interpretation of this Code or law relating to the offense made or issued by a public servant, agency, or body legally charged or empowered with the responsibility of administering, enforcing, or interpreting any provision of this Code, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the Town and/or the State.

1. The consent of the victim to conduct charged to constitute an offense or to the result thereof is not a defense unless the consent negates an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
2. When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent is a defense only if the bodily injury consented to or threatened by the conduct consented to is not serious or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport, or the consent established a justification under this Code.
3. Unless otherwise provided by the this Code or by the law defining the offense, assent does not constitute consent if:
4. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense;
   1. It is given by a person who, by reason of immaturity, mental disease or mental defect, or intoxication, is manifestly unable and is known or reasonably should be known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense;
   2. It is given by a person whose consent is sought to be prevented by the law defining the offense, or
   3. It is induced by force, duress, or deception.

1. Intoxication of the accused is not a defense to any criminal offense, except as provided in subsection B of this Section, but in any prosecution of an offense evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negate the existence of a specific intent, if such intent is an element of the crime charged.
2. A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.
3. “Intoxication” as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.
4. “Self-induced intoxication” means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under similar circumstances that would afford a defense to a criminal offense.