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

Colo. Rev. Stat. § 18-1-504 (2024)

Effect of ignorance or mistake upon culpability

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(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.

Source: L. 71: R&RE, p. 404, § 1. C.R.S. 1963: § 40-1-604.

Cross references: For other provisions concerning affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 through 18 of this title 18.

Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 1975–2025 · leading case: People v. Manyik, 2016 COA 42.
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People v. Manyik, 2016 COA 42. · cites it 3× “¶75 Section 18-1-504(1), C.R.S. 2015, governs the defense of mistaken belief of fact and provides, as relevant here: A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless: .”
People v. Wilburn, 2012 CO 21, 272 P.3d 1078. · cites it 14× “The full language of section 18-1-504(1)(@) states: (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…”
People v. Bossert, 722 P.2d 998 (Colo. 1986). · cites it 5× “Section 18-1-504(2), 8 C.R.S. (1978), provides: 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…”
People v. Castro, 657 P.2d 932 (Colo. 1983). · cites it 3× “Although no culpable mental state was included within the statutory definition of assault in the first degree, it is quite apparent that this offense was not intended as a crime of strict liability.”
People of the State of Colorado v. Heather Palmer Jones, 2023 COA 104, 543 P.3d 419. · cites it 3× “See § 18-1- 704(2)(a); § 18-1-504(1)(a), (c), C.R.S. 2023. ¶4 The jury wasn’t persuaded by Jones’s defense and found her guilty of second degree murder.”
People v. Williams, 899 P.2d 306 (Colo. Ct. App. 1995). · cites it 4× “In this context, § 18-1-504, C.R.S. (1986 Repl.Vol. 8B), describes the effect upon criminal culpability that a mistaken belief of fact may have, while § 18-1-505, C.”
Traylor v. State, 43 S.W.3d 725 (Tex. App.—Beaumont 2001). · cites it 2× “5/4-8(a) (1999); Ind.Code § 35-41-3-7 (1999); Iowa Code § 701.”
People v. Holloway, 568 P.2d 29 (Colo. 1977). · cites it 3× “This conclusion finds support in section 18-1-504(1), C.R.S. 1973. That statute provides that a mistaken belief of fact is not a defense unless (1) it negates a mental state which is an element of a crime, (2) the substantive statute or a related statute “expressly provides that…”
Rowe v. People, 856 P.2d 486 (Colo. 1993). · cites it 2× “(1986) (listing affirmative defenses); see also § 18-1-504, 8B C.R.S. (1986) (listing when mistake qualifies as an affirmative defense); § 18-1-505, 8B C.”
People v. Lesslie, 24 P.3d 22 (Colo. Ct. App. 2000). · cites it 4× “Section 18-1-504(1)(a) & (c), C.R.98.2000.”
People v. Bush, 948 P.2d 16 (Colo. Ct. App. 1997). · cites it 6× “" Despite that choice of words, and despite our long-standing standard instructions incorporating those words, see COLJI-Crim. No. 7:02—7:05 (1983), I do not read § 18-1-505(4) or § 18-1-504(3) as requiring the trial court to instruct the jury that the defense of consent under §…”
In re Attorney D., 57 P.3d 395 (Colo. 2002). · cites it 2× “Cf § 18-1-504(2), C.R.S. (2001) (“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.”
Show all 34 citing cases →
Colo. Rev. Stat. § 18-1-504(1): 6 cases
People v. Manyik, 2016 COA 42. “¶75 Section 18-1-504(1), C.R.S. 2015, governs the defense of mistaken belief of fact and provides, as relevant here: A person is not relieved of criminal liability for conduct because he engaged in that conduct under a mistaken belief of fact, unless: .”
People v. Holloway, 568 P.2d 29 (Colo. 1977). “This conclusion finds support in section 18-1-504(1), C.R.S. 1973. That statute provides that a mistaken belief of fact is not a defense unless (1) it negates a mental state which is an element of a crime, (2) the substantive statute or a related statute “expressly provides that…”
People v. Griffith, 58 P.3d 1111 (Colo. Ct. App. 2002).
People v. Stephens, 837 P.2d 231 (Colo. Ct. App. 1992).
People v. Wilburn, 2012 CO 21, 272 P.3d 1078. “The full language of section 18-1-504(1)(@) states: (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…”
Colo. Rev. Stat. § 18-1-504(1)(a): 9 cases
People v. Wilburn, 2012 CO 21, 272 P.3d 1078. “The full language of section 18-1-504(1)(@) states: (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…”
Starr v. Indus. Claim Appeals Off., 224 P.3d 1056 (Colo. Ct. App. 2009).
People v. Bush, 948 P.2d 16 (Colo. Ct. App. 1997). “" Despite that choice of words, and despite our long-standing standard instructions incorporating those words, see COLJI-Crim. No. 7:02—7:05 (1983), I do not read § 18-1-505(4) or § 18-1-504(3) as requiring the trial court to instruct the jury that the defense of consent under §…”
Traylor v. State, 43 S.W.3d 725 (Tex. App.—Beaumont 2001). “5/4-8(a) (1999); Ind.Code § 35-41-3-7 (1999); Iowa Code § 701.”
People of the State of Colorado v. Heather Palmer Jones, 2023 COA 104, 543 P.3d 419. “See § 18-1- 704(2)(a); § 18-1-504(1)(a), (c), C.R.S. 2023. ¶4 The jury wasn’t persuaded by Jones’s defense and found her guilty of second degree murder.”
Colo. Rev. Stat. § 18-1-504(1)(c): 1 case
People of the State of Colorado v. Heather Palmer Jones, 2023 COA 104, 543 P.3d 419. “See § 18-1- 704(2)(a); § 18-1-504(1)(a), (c), C.R.S. 2023. ¶4 The jury wasn’t persuaded by Jones’s defense and found her guilty of second degree murder.”
Colo. Rev. Stat. § 18-1-504(2): 10 cases
People v. Bossert, 722 P.2d 998 (Colo. 1986). “Section 18-1-504(2), 8 C.R.S. (1978), provides: 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…”
People v. Castro, 657 P.2d 932 (Colo. 1983). “Although no culpable mental state was included within the statutory definition of assault in the first degree, it is quite apparent that this offense was not intended as a crime of strict liability.”
In re Attorney D., 57 P.3d 395 (Colo. 2002). “Cf § 18-1-504(2), C.R.S. (2001) (“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.”
People v. Mendro, 731 P.2d 704 (Colo. 1987).
People v. Iversen, 2013 COA 40, 321 P.3d 573.
Colo. Rev. Stat. § 18-1-504(2)(a): 1 case
People v. Bruno, 2014 COA 158, 342 P.3d 587.
Colo. Rev. Stat. § 18-1-504(2)(b): 1 case
People v. Lesslie, 24 P.3d 22 (Colo. Ct. App. 2000). “Section 18-1-504(1)(a) & (c), C.R.98.2000.”
Colo. Rev. Stat. § 18-1-504(2)(c): 1 case
Planned Parenthood of the Rocky Mountains Servs., Corp. v. Owens, 287 F.3d 910 (10th Cir. 2002).
Colo. Rev. Stat. § 18-1-504(3): 2 cases
People v. Bush, 948 P.2d 16 (Colo. Ct. App. 1997). “" Despite that choice of words, and despite our long-standing standard instructions incorporating those words, see COLJI-Crim. No. 7:02—7:05 (1983), I do not read § 18-1-505(4) or § 18-1-504(3) as requiring the trial court to instruct the jury that the defense of consent under §…”
People v. William Benjamin Cline VI, 525 P.3d 303 (Colo. Ct. App. 2022).
Colo. Rev. Stat. § 18-1-504(l)(a): 2 cases
Darr v. People, 568 P.2d 32 (Colo. 1977).
Traylor v. State, 43 S.W.3d 725 (Tex. App.—Beaumont 2001). “5/4-8(a) (1999); Ind.Code § 35-41-3-7 (1999); Iowa Code § 701.”
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