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

Colo. Rev. Stat. § 18-1-605 (2026)

Liability based on behavior of another - no defense

✓ current as of July 2026
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In any prosecution for an offense in which criminal liability is based upon the behavior of another pursuant to sections 18-1-601 to 18-1-604, it is no defense that the other person has not been prosecuted for or convicted of any offense based upon the behavior in question or has been convicted of a different offense or degree of offense, or the defendant belongs to a class of persons who by definition of the offense are legally incapable of committing the offense in an individual capacity.

Source: L. 71: R&RE, p. 406, § 1. C.R.S. 1963: § 40-1-705.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1976–2026 · leading case: People v. Allee, 740 P.2d 1 (Colo. 1987).
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People v. Allee, 740 P.2d 1 (Colo. 1987). · cites it 6× “not a party to or in privity with a party to Ronnie Allee’s case, (2) the People did not have “a full and fair opportunity to litigate the issue of [justification]” 5 raised by the motion to dismiss, (3) Dale Allee did not testify at Ronnie Allee’s trial, (4) no instructions…”
Standefer v. United States, 447 U.S. 10 (1980). “§ 41-304 (1977); Colo. Rev. Stat. §18-1-605 (1973) (see Roberts v.”
State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “68 -70 (1858)); Colo.Rev.Stat. § 18-1-605 (1973) (see Robert v.”
People v. Fletcher, 546 P.2d 980 (Colo. Ct. App. 1976). “" Under such interpretation, the instruction properly states the law, see § 18-1-605, C. R.S.1973, and we find no error in the giving of this instruction here.”
People v. Cichuniec (Colo. Ct. App. 2026). · cites it 9× “The division also holds that, under section 18-1-605, C.R.S. 2025, acquittal of the principal on a charge does not require acquittal of a complicitor as to that same charge.”
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