Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-1-407 (2026)

Affirmative defense

✓ current as of July 2026
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(1) "Affirmative defense" means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.

(2) If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.

Source: L. 71: R&RE, p. 400, § 1. C.R.S. 1963: § 40-1-507.

Cross references: For the affirmative defense of impaired mental condition, see §§ 16-8- 103.5 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1- 710 and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 through 15 of this title 18.

Notes of Decisions
Cited in 108 cases (27 in the last 5 years), 1979–2026 · leading case: v. People, 2020 CO 82 (Colo. 2020).
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v. People, 2020 CO 82 (Colo. 2020). · cites it 8× “1989) (quoting an earlier version of section 18-1-407). Hence, when instructing on an affirmative defense, the trial court must inform the jury that, in addition to proving each statutory element of the charged offense beyond a reasonable doubt, the People bear another…”
Castillo v. People, 2018 CO 62 (Colo. 2018). · cites it 8× “§ 18-1-407; see also Pickering, 276 P.3d at 556 .”
People v. Nunez, 841 P.2d 261 (Colo. 1992). · cites it 14× “1989), we held that an alibi defense is not an affirmative defense and that the trial court properly denied an instruction based on section 18-1-407, 8B C.R.S. *264 (1986), [3] that suggested that alibi was an affirmative defense.”
People v. Garcia, 113 P.3d 775 (Colo. 2005). · cites it 8× “See § 18-1-407, C.R.S. (2004); People v. Saavedra-Rodriguez, 971 P.”
Doubleday v. People, 2016 CO 3 (Colo. 2016). · cites it 3× “- For example, section 18-1-407(2), CRS (2015), provides, "If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.”
People v. Huckleberry, 768 P.2d 1235 (Colo. 1989). · cites it 11× “denied (1980), the Court of Appeals held that the concept of alibi is an affirmative defense and that the trial court’s failure to instruct the jury pursuant to section 18-1-407, 8B C.R.S. (1986) 2 and CJI-Crim.”
People v. Newell, 2017 COA 27 (Colo. Ct. App. 2017). · cites it 2× “¶ 21 While an affirmative defense requires a defendant to “present some credible evidence on that issue,” § 18-1-407(1), C.R.S. 2016, this means just a “scintilla of evidence,” that is, some evidence when viewed most favorably to the defendant that could support a jury finding…”
People v. Phillips, 91 P.3d 476 (Colo. Ct. App. 2004). · cites it 3× “Section 18-1-407(2), C.R.S.2003; People v.”
People v. Ujaama, 302 P.3d 296 (Colo. Ct. App. 2012). · cites it 3× “Shifting the Burden of Proof 154 Under section 18-1-407, C.R.S. 2011, once a defendant presents some eredi-ble evidence supporting the applicability of an affirmative defense, the prosecution bears the burden of proving the guilt of the defendant as to the issue raised by the…”
People v. Janes, 982 P.2d 300 (Colo. 1999). · cites it 8× “See § 18-1-407, 6 C.R.S. (1998). Here, Janes asserted and the jury was instructed as to the affirmative defenses of self-defense and "make-my-day.”
People v. Quintana, 665 P.2d 605 (Colo. 1983). · cites it 6× “" When an accused presents some credible evidence on the issue of duress, the prosecution must establish beyond a reasonable doubt the defendant's guilt as to that issue as well as all other elements of the offense.”
O'Shaughnessy v. People, 269 P.3d 1233 (Colo. 2012). · cites it 9× “Volumes of scholarly work could be devoted to the topic," but the core of the issue before this Court is: what evidence must the defendant put forth to raise an affirmative defense of abandonment? To address that issue, we look to section 18-1-407, C.R.S. (2011). other grounds…”
Show all 108 citing cases →
— Colo. Rev. Stat. § 18-1-407(1) — 49 cases
Castillo v. People, 2018 CO 62 (Colo. 2018). “§ 18-1-407; see also Pickering, 276 P.3d at 556 .”
v. People, 2020 CO 82 (Colo. 2020). “1989) (quoting an earlier version of section 18-1-407). Hence, when instructing on an affirmative defense, the trial court must inform the jury that, in addition to proving each statutory element of the charged offense beyond a reasonable doubt, the People bear another…”
People v. Newell, 2017 COA 27 (Colo. Ct. App. 2017). “¶ 21 While an affirmative defense requires a defendant to “present some credible evidence on that issue,” § 18-1-407(1), C.R.S. 2016, this means just a “scintilla of evidence,” that is, some evidence when viewed most favorably to the defendant that could support a jury finding…”
Cassels v. People, 92 P.3d 951 (Colo. 2004).
Brown v. People, 239 P.3d 764 (Colo. 2010).
— Colo. Rev. Stat. § 18-1-407(2) — 43 cases
v. People, 2020 CO 82 (Colo. 2020). “1989) (quoting an earlier version of section 18-1-407). Hence, when instructing on an affirmative defense, the trial court must inform the jury that, in addition to proving each statutory element of the charged offense beyond a reasonable doubt, the People bear another…”
Doubleday v. People, 2016 CO 3 (Colo. 2016). “- For example, section 18-1-407(2), CRS (2015), provides, "If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.”
People v. Phillips, 91 P.3d 476 (Colo. Ct. App. 2004). “Section 18-1-407(2), C.R.S.2003; People v.”
People v. Quintana, 665 P.2d 605 (Colo. 1983). “" When an accused presents some credible evidence on the issue of duress, the prosecution must establish beyond a reasonable doubt the defendant's guilt as to that issue as well as all other elements of the offense.”
People v. Garcia, 113 P.3d 775 (Colo. 2005). “See § 18-1-407, C.R.S. (2004); People v. Saavedra-Rodriguez, 971 P.”
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