(1) The information is sufficient if it can be understood therefrom:
(a) That it is presented by the person authorized by law to prosecute the offense;
(b) That the defendant is identified therein, either by name or by the defendant's patterned chemical structure of genetic information, or described as a person whose name is unknown to the informant;
(c) That the offense was committed within the jurisdiction of the court or is triable therein;
(d) That the offense charged is set forth with such degree of certainty that the court may pronounce judgment upon a conviction.
(2) The information may be in the following form:
STATE OF COLORADO ) ) ss. County of.................................................)
In the ........ Court ........ The People of the State of Colorado, against ........ A ........ B ........ C ........ D ........, district attorney within and for the .......... judicial district of the state of Colorado, in the county of .......... in the state aforesaid, in the name and by the authority of the people of the state of Colorado, informs the court that A ........ B ........ on the ........ day of ......... A.D. 20 ...., at the said county of .........., did (here state the offense) against the peace and dignity of the people of the state of Colorado. C ............................................. D ............................................ District Attorney.
or C ....................... D ......................, District Attorney, by H ...................... M ......................, Deputy.
(3) An information may be filed using the language of the statute defining the offense, including either conjunctive or disjunctive clauses. Pleading in either the conjunctive or the disjunctive shall place a defendant on notice that the prosecution may rely on any or all of the alternatives alleged.
(4) A court shall not refuse to accept a complaint or information that contains the requirements of this section. Source: L. 72: R&RE, p. 214, § 1. C.R.S. 1963: § 39-5-202. L. 2000: (1) amended, p. 454, § 13, effective April 24. L. 2003: (3) and (4) added, p. 972, § 2, effective April 17.
Notes of Decisions
People v. Perez-Hernandez, 2013 COA 160, 348 P.3d 451.
· cites it 11× “Indeed, the division did not mention section 16-5-202, and did not conclude that the information was insufficient under that provision.”
People v. Vigil, 251 P.3d 442 (Colo. Ct. App. 2010).
· cites it 2× “§ 16-5-202(1), C.R.S.2009; see Crim. P. 7(b)(2) (stating identical requirements); People v.”
People v. Melillo, 25 P.3d 769 (Colo. 2001).
· cites it 2× “7(b)(2) is identical to section 16-5-202(1), 6 C.R.S. (2000). . Since count three clearly meets requirements I, II and III, we do not address them.”
People v. Williams, 984 P.2d 56 (Colo. 1999).
· cites it 4× “Section 16-5-202(1), 6 C.R.S. (1998), sets forth the requisites of an information: The information is sufficient if it can be understood therefrom: (a) That it is presented by the person authorized by law to prosecute the offense; (b) That the defendant is named therein or…”
People v. Steiner, 640 P.2d 250 (Colo. Ct. App. 1981).
· cites it 6× “" Section 16-5-202, C.R.S.1973 (1978 Repl. Vol.”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
· cites it 6× “" Section 16-5-202(1), C.R.S.1973 (1978 Repl.”
People v. McIntier, 134 P.3d 467 (Colo. Ct. App. 2006).
· cites it 2× “See § 16-5-202(3), C.R.S.2005. The requirement that the information identify the essential elements of the crime charged is satisfied if the language in the charge tracks the statutory language.”
People v. Albo, 575 P.2d 427 (Colo. 1978).
· cites it 3× “The information states that the defendant did “cause the submission of the said victim by threat of extreme pain.”
& 14CA1436. People v. Harris, 2016 COA 159, 405 P.3d 361.
· cites it 2× “3d at 778 (information was sufficient where it tracked statutory language but did not specify how the defendant committed the crime of sexual assault on a child); see also § 16-5-202(3), C.R.S.' 2016 (“An information may be filed using the language of the statute.”
People v. Wilson, 114 P.3d 19 (Colo. Ct. App. 2005).
· cites it 3× “Section 16-5-202(l)(d), C.R.S. 2003, and Crim.”
People v. Moody, 674 P.2d 366 (Colo. 1984).
· cites it 6× “7(b)(2)(IV); section 16-5-202(1)(d), C.R.S.1973 (1978 Repl.”
People v. Rubanowitz, 688 P.2d 231 (Colo. 1984).
· cites it 2× “(1978), the General Assembly has provided the following requirements respecting the sufficiency of an information: (1) The information is sufficient if it can be understood therefrom: (a) That it is presented by the person authorized by law to prosecute the offense; (b) That the…”
Colo. Rev. Stat. § 16-5-202(1): 9 cases
People v. Vigil, 251 P.3d 442 (Colo. Ct. App. 2010).
“§ 16-5-202(1), C.R.S.2009; see Crim. P. 7(b)(2) (stating identical requirements); People v.”
People v. Melillo, 25 P.3d 769 (Colo. 2001).
“7(b)(2) is identical to section 16-5-202(1), 6 C.R.S. (2000). . Since count three clearly meets requirements I, II and III, we do not address them.”
People v. Williams, 984 P.2d 56 (Colo. 1999).
“Section 16-5-202(1), 6 C.R.S. (1998), sets forth the requisites of an information: The information is sufficient if it can be understood therefrom: (a) That it is presented by the person authorized by law to prosecute the offense; (b) That the defendant is named therein or…”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
“" Section 16-5-202(1), C.R.S.1973 (1978 Repl.”
Colo. Rev. Stat. § 16-5-202(1)(c): 3 cases
People v. Perez-Hernandez, 2013 COA 160, 348 P.3d 451.
“Indeed, the division did not mention section 16-5-202, and did not conclude that the information was insufficient under that provision.”
Colo. Rev. Stat. § 16-5-202(1)(d): 4 cases
People v. Moody, 674 P.2d 366 (Colo. 1984).
“7(b)(2)(IV); section 16-5-202(1)(d), C.R.S.1973 (1978 Repl.”
Colo. Rev. Stat. § 16-5-202(3): 6 cases
People v. McIntier, 134 P.3d 467 (Colo. Ct. App. 2006).
“See § 16-5-202(3), C.R.S.2005. The requirement that the information identify the essential elements of the crime charged is satisfied if the language in the charge tracks the statutory language.”
& 14CA1436. People v. Harris, 2016 COA 159, 405 P.3d 361.
“3d at 778 (information was sufficient where it tracked statutory language but did not specify how the defendant committed the crime of sexual assault on a child); see also § 16-5-202(3), C.R.S.' 2016 (“An information may be filed using the language of the statute.”
People v. Perez-Hernandez, 2013 COA 160, 348 P.3d 451.
“Indeed, the division did not mention section 16-5-202, and did not conclude that the information was insufficient under that provision.”
Colo. Rev. Stat. § 16-5-202(8): 1 case
Colo. Rev. Stat. § 16-5-202(l)(c): 1 case
Colo. Rev. Stat. § 16-5-202(l)(d): 6 cases
People v. Albo, 575 P.2d 427 (Colo. 1978).
“The information states that the defendant did “cause the submission of the said victim by threat of extreme pain.”
People v. Wilson, 114 P.3d 19 (Colo. Ct. App. 2005).
“Section 16-5-202(l)(d), C.R.S. 2003, and Crim.”
People v. Moody, 674 P.2d 366 (Colo. 1984).
“7(b)(2)(IV); section 16-5-202(1)(d), C.R.S.1973 (1978 Repl.”
Colo. Rev. Stat. § 16-5-202(l)(e): 1 case
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