18-1-504. Effect of ignorance or mistake upon culpability.
254 words·~1 min read·
/co/title-18-criminal-code/article-1-provisions-applicable-to/18-1-504·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless:
(a)It negatives the existence of a particular mental state essential to commission of the offense; or
(b)The statute defining the offense or a statute relating thereto expressly provides that a factual mistake or the mental state resulting therefrom constitutes a defense or exemption; or
(c)The factual mistake or the mental state resulting therefrom is of a kind that supports a defense of justification as defined in sections 18-1-701 to 18-1-707.
(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 or more of the following:
(a)A statute or ordinance binding in this state;
(b)An administrative regulation, order, or grant of permission by a body or official authorized and empowered to make such order or grant the permission under the laws of the state of Colorado;
(c)An official written interpretation of the statute 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 a statute, ordinance, regulation, order, or law. If such interpretation is by judicial decision, it must be binding in the state of Colorado.
(3)Any defense authorized by this section is an affirmative defense.