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

Colo. Rev. Stat. § 18-1-801 (2026)

Insufficient age

✓ current as of July 2026
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The responsibility of a person for his conduct is the same for persons between the ages of ten and eighteen as it is for persons over eighteen except to the extent that responsibility is modified by the provisions of the "Colorado Children's Code", title 19, C.R.S. No child under ten years of age shall be found guilty of any offense.

Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-901.

Notes of Decisions
Cited in 13 cases, 1977–2015 · leading case: Colorado v. Segovia, 196 P.3d 1126 (Colo. 2008).
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Colorado v. Segovia, 196 P.3d 1126 (Colo. 2008). · cites it 2× “§ 18-1-801(2)(b), CRS. (2008). 13 While the list is not exhaustive, Paul, 105 P.”
People v. Miller, 830 P.2d 1092 (Colo. Ct. App. 1991). · cites it 7× “Section 18-1-801, C.R.S. (1986 Repl.Vol. 8B).”
Oram v. People, 255 P.3d 1032 (Colo. 2011). “(2010) (justification and exemptions from eriminal responsibility); §§ 18-1-801 to -805, C.R.S. (2010) (responsibility).”
Colorado v. Richardson, 184 P.3d 755 (Colo. 2008). · cites it 2× “3d at 1217 ; Schwartz, 678 P2d at 1011 ; see also § 18-1-801(2)(b)(IV), C.R.S. (2007) (The trial court may declare a mistrial if it finds that "[the jury is unable to agree upon a verdict.”
People v. Porter, 353 P.3d 852 (Colo. Ct. App. 2013). · cites it 2× “Thus, as in Quintana, although the substantive and habitual phases of Porter's trial were bifurcated, both were conducted before a single fact finder. See 634 P.”
People v. Gallegos, 628 P.2d 999 (Colo. 1981). · cites it 3× “Section 18-1-801, C.R.S.1973 (1978 Repl. Vol.”
People v. Rivers, 70 P.3d 531 (Colo. Ct. App. 2002). · cites it 3× “Section 18-1-801(2)(b)(IV), C.R.S8.2002. Thus, when a criminal trial is properly terminated by a declaration of mistrial, reprosecution of the accused is not barred by double - jeopardy.”
People v. Valencia, 169 P.3d 212 (Colo. Ct. App. 2007). · cites it 2× “1989) (in a nonjury trial, jeopardy attaches when the first witaess is sworn in to testify); ef § 18-1-801(1)(d), C.R.S.2006 (barring reprosecution of matter improperly terminated "after the first prosecution witness is sworn if trial is by court following waiver of jury trial").”
People v. Barnum, 217 P.3d 908 (Colo. Ct. App. 2009). · cites it 3× “Instead, as provided in section 18-1-801(1)(d), C.R.S8.2008, jeopardy would not have attached until after the first prosecution witness was sworn.”
People v. Cornelison, 559 P.2d 1102 (Colo. 1977). “” We further note that section 18-1-803, concerning impaired mental condition, provides: “* * * Evidence of an impaired mental condition though not legal insanity may be offered in a proper case as bearing upon the capacity of the accused to form the specific intent if such an…”
People v. Giem, 2015 COA 176 (Colo. Ct. App. 2015). · cites it 2× “1 See § 18-1-801(1)(c), C.R.S.2015 (a guilty plea accepted by the court constitutes a conviction).”
People v. Owens, 183 P.3d 568 (Colo. Ct. App. 2007). “(Citations omitted); see § 18-1-801(1)(d), C.R.9.2006 (also recognizing that a prosecution is barred whenever a former prosecution for the same offense has been improperly terminated).”
Show all 13 citing cases →
— Colo. Rev. Stat. § 18-1-801(1)(c) — 1 case
People v. Giem, 2015 COA 176 (Colo. Ct. App. 2015). “1 See § 18-1-801(1)(c), C.R.S.2015 (a guilty plea accepted by the court constitutes a conviction).”
— Colo. Rev. Stat. § 18-1-801(1)(d) — 4 cases
People v. Porter, 353 P.3d 852 (Colo. Ct. App. 2013). “Thus, as in Quintana, although the substantive and habitual phases of Porter's trial were bifurcated, both were conducted before a single fact finder. See 634 P.”
People v. Valencia, 169 P.3d 212 (Colo. Ct. App. 2007). “1989) (in a nonjury trial, jeopardy attaches when the first witaess is sworn in to testify); ef § 18-1-801(1)(d), C.R.S.2006 (barring reprosecution of matter improperly terminated "after the first prosecution witness is sworn if trial is by court following waiver of jury trial").”
People v. Barnum, 217 P.3d 908 (Colo. Ct. App. 2009). “Instead, as provided in section 18-1-801(1)(d), C.R.S8.2008, jeopardy would not have attached until after the first prosecution witness was sworn.”
People v. Owens, 183 P.3d 568 (Colo. Ct. App. 2007). “(Citations omitted); see § 18-1-801(1)(d), C.R.9.2006 (also recognizing that a prosecution is barred whenever a former prosecution for the same offense has been improperly terminated).”
— Colo. Rev. Stat. § 18-1-801(2)(b) — 1 case
Colorado v. Segovia, 196 P.3d 1126 (Colo. 2008). “§ 18-1-801(2)(b), CRS. (2008). 13 While the list is not exhaustive, Paul, 105 P.”
— Colo. Rev. Stat. § 18-1-801(2)(b)(IV) — 2 cases
Colorado v. Richardson, 184 P.3d 755 (Colo. 2008). “3d at 1217 ; Schwartz, 678 P2d at 1011 ; see also § 18-1-801(2)(b)(IV), C.R.S. (2007) (The trial court may declare a mistrial if it finds that "[the jury is unable to agree upon a verdict.”
People v. Rivers, 70 P.3d 531 (Colo. Ct. App. 2002). “Section 18-1-801(2)(b)(IV), C.R.S8.2002. Thus, when a criminal trial is properly terminated by a declaration of mistrial, reprosecution of the accused is not barred by double - jeopardy.”
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