(1) The terms "offense" and "crime" are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.
(2) Each offense falls into one of nine classes, one of six drug offense levels, or one unclassified category. There are six classes of felonies as described in section 18-1.3-401 and four levels of drug felonies as described in section 18-1.3-401.5, two classes of misdemeanors as described in section 18-1.3-501 and two levels of drug misdemeanors as described in section 18- 1.3-501, petty offenses as described in section 18-1.3-503, civil infractions as described in section 18-1.3-503, and the category of drug petty offense as described in section 18-1.3-501 (1)(e).
(3) Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state, but this provision does not affect the power of a court to punish for contempt, or to employ any sanction authorized by law for the enforcement of an order lawfully entered, or a civil judgment or decree; nor does it affect the use of case law as an interpretive aid in the construction of the provisions of this code.
Source: L. 71: R&RE, p. 389, § 1. C.R.S. 1963: § 40-1-104. L. 89: (2) amended, p. 829, § 39, effective July 1. L. 2002: (2) amended, p. 1510, § 177, effective October 1. L. 2014: (2) amended, (SB 14-163), ch. 391, p. 1969, § 5, effective June 6. L. 2021: (2) amended, (SB 21- 271), ch. 462, p. 3166, § 177, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 343, § 16, effective March 1. Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (2) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
50
cases (
4 in the last 5 years), 1980–2026 · leading case:
Robbins v. People, 107 P.3d 384 (Colo. 2005).
Robbins v. People, 107 P.3d 384 (Colo. 2005).
· cites it 8× “, § 18-1-104(3), C.R.S. (2004). We have found no such statement here with regard to equitable defenses such as laches.”
Doubleday v. People, 2016 CO 3 (Colo. 2016).
· cites it 3× “" § 18-1-104(1), C.R.S. (2015). Accordingly, to establish the commission of a predicate "crime" within the meaning of section 18-8-102(1)(b), the prosecution must prove beyond a reasonable doubt the violation of, or conduct defined by, any state statute for which a fine or…”
People v. Torrez, 316 P.3d 25 (Colo. Ct. App. 2013).
· cites it 3× “" Section 18-1-104(1), C.R.S. 2012, defines the word "crime" to mean "a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.”
State Farm Mut. Auto. Ins. Co. v. Johnson, 396 P.3d 651 (Colo. 2017).
· cites it 2× “§ 18-1-104(3), C.R.S. (2016) (“Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state.”
People v. Melillo, 25 P.3d 769 (Colo. 2001).
· cites it 3× “(2000) ("no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state"); § 18-1-104(1) ("[the terms 'offense' and 'crime' are synonymous").”
Oram v. People, 255 P.3d 1032 (Colo. 2011).
· cites it 3× “Therefore, an act is only criminal if it has been defined by the General Assembly.”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
· cites it 12× “Section 18-1-104(1), C.R.S. 1973 (1978 Repl.”
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002).
· cites it 2× “The prosecution relied upon the statutory definition of "erime" contained in § 18-1-104, C.R.S.2000, which states that the terms "offense" and "erime" are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.”
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
· cites it 6× “Section 18-1-104(1), 8B C.R.S. (1986), defines the term "offense" and "crime" as meaning "a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.”
People v. Kriho, 996 P.2d 158 (Colo. Ct. App. 1999).
· cites it 4× “107 and § 18-1-104(3), C.R.S.1998. The contempt citation alleged that she should be held in contempt for: (1) disobedience to an order of the court, (2) obstructing the administration of justice, and (3) committing Perjury in the First Degree, C.”
People v. R. V., 635 P.2d 892 (Colo. 1981).
· cites it 6× “8), as follows: "The terms `offense' and `crime' are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed." No fine or imprisonment may be imposed for complicity, since it is merely a theory of law by which…”
People v. Speer, 255 P.3d 1115 (Colo. 2011).
· cites it 4× “; § 18-1-103(1); § 18-1-104(3), C.R.S. (2010). Thus, affirmative defenses in Colorado are defined by the General Assembly in the Colorado Revised Statutes.”
— Colo. Rev. Stat. § 18-1-104(1) — 28 cases
Doubleday v. People, 2016 CO 3 (Colo. 2016).
“" § 18-1-104(1), C.R.S. (2015). Accordingly, to establish the commission of a predicate "crime" within the meaning of section 18-8-102(1)(b), the prosecution must prove beyond a reasonable doubt the violation of, or conduct defined by, any state statute for which a fine or…”
People v. Torrez, 316 P.3d 25 (Colo. Ct. App. 2013).
“" Section 18-1-104(1), C.R.S. 2012, defines the word "crime" to mean "a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.”
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
“Section 18-1-104(1), 8B C.R.S. (1986), defines the term "offense" and "crime" as meaning "a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
“Section 18-1-104(1), C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-1-104(2) — 5 cases
People v. Melillo, 25 P.3d 769 (Colo. 2001).
“(2000) ("no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state"); § 18-1-104(1) ("[the terms 'offense' and 'crime' are synonymous").”
People v. Henderson, 810 P.2d 1058 (Colo. 1991).
“Section 18-1-104(1), 8B C.R.S. (1986), defines the term "offense" and "crime" as meaning "a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed.”
— Colo. Rev. Stat. § 18-1-104(3) — 16 cases
Robbins v. People, 107 P.3d 384 (Colo. 2005).
“, § 18-1-104(3), C.R.S. (2004). We have found no such statement here with regard to equitable defenses such as laches.”
State Farm Mut. Auto. Ins. Co. v. Johnson, 396 P.3d 651 (Colo. 2017).
“§ 18-1-104(3), C.R.S. (2016) (“Common-law crimes are abolished and no conduct shall constitute an offense unless it is described as an offense in this code or in another statute of this state.”
People v. Kriho, 996 P.2d 158 (Colo. Ct. App. 1999).
“107 and § 18-1-104(3), C.R.S.1998. The contempt citation alleged that she should be held in contempt for: (1) disobedience to an order of the court, (2) obstructing the administration of justice, and (3) committing Perjury in the First Degree, C.”
People v. Barron, 677 P.2d 1370 (Colo. 1984).
“Section 18-1-104(1), C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-1-104(8) — 2 cases
Oram v. People, 255 P.3d 1032 (Colo. 2011).
“Therefore, an act is only criminal if it has been defined by the General Assembly.”
People v. Speer, 255 P.3d 1115 (Colo. 2011).
“; § 18-1-103(1); § 18-1-104(3), C.R.S. (2010). Thus, affirmative defenses in Colorado are defined by the General Assembly in the Colorado Revised Statutes.”
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