(1) Evidence of an impaired mental condition, as defined in section 16-8-102 (2.7), C.R.S., though not legal insanity may be offered in a proper case as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged.
(2) An intention to assert the affirmative defense of impaired mental condition shall be made pursuant to section 16-8-103.5, C.R.S.
(3) When the affirmative defense of impaired mental condition has been raised, the jury will be given special verdict forms containing interrogatories. The trier of fact shall decide first the question of guilt as to felony charges which are before the court. If the trier of fact concludes that guilt has been proven beyond a reasonable doubt as to one or more of the felony charges submitted for consideration, the special interrogatories shall not be answered. Upon completion of its deliberations on the felony charges as previously set forth in this subsection (3), the trier of fact shall consider any other charges before the court in a similar manner; except that it shall not answer the special interrogatories regarding such charges if it has previously found guilt beyond a reasonable doubt with respect to one or more felony charges. The interrogatories shall provide for specific findings of the jury with respect to the affirmative defense of impaired mental condition in accordance with the Colorado rules of criminal procedure. When the court sits as the trier of fact, it shall enter appropriate specific findings with respect to the affirmative defense of impaired mental condition. If the trier of fact finds that the defendant is not guilty by reason of the affirmative defense of impaired mental condition, the court shall commit the defendant to the department of human services pursuant to section 16-8-103.5 (5), C.R.S.
(4) This section shall apply to offenses committed before July 1, 1995.
Source: L. 71: R&RE, p. 412, § 1. C.R.S. 1963: § 40-1-903. L. 83: Entire section amended, p. 677, § 11, effective July 1. L. 94: (3) amended, p. 2654, § 136, effective July 1. L. 96: (4) added, p. 5, § 5, effective January 31.
Cross references: (1) For 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 to 18 of this title 18.
(2) For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 1977–2024 · leading case:
Hendershott v. People, 653 P.2d 385 (Colo. 1982).
Hendershott v. People, 653 P.2d 385 (Colo. 1982).
· cites it 23× “The trial court ruled that section 18-1-803, C.R.S.1973 (1978 Repl.Vol.”
Cordova v. People, 817 P.2d 66 (Colo. 1991).
· cites it 42× “adjudication is not eligible for release or conditional release from the commitment unless and until the court is satisfied by a preponderance of the evidence that "the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to…”
People v. Ledman, 622 P.2d 534 (Colo. 1981).
· cites it 9× “8), addresses the issue of criminal responsibility for specific intent offenses when the offender suffers from an impaired mental condition: “Evidence of an impaired mental condition though not legal insanity may be offered in a proper case as bearing upon the capacity of the…”
People v. Collins, 752 P.2d 93 (Colo. 1988).
· cites it 22× “Pursuant to section 18-1-803(1), evidence of an impaired mental condition may be offered “as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged.”
People v. Quick, 713 P.2d 1282 (Colo. 1986).
· cites it 9× “1981), we rejected a similar due process attack on the impaired mental condition defense statute, section 18-1-803, 8 C.R.S. (1978). In Ledman , we noted that Whereas the legislature .”
People v. Gallegos, 628 P.2d 999 (Colo. 1981).
· cites it 11× “” A diminished responsibility attributable to a lack of mental capacity is the statutory equivalent of the affirmative defense of impaired mental condition in section 18-1-803, C.R.S.1973 (1978 Repl. Vol.”
People v. Aragon, 653 P.2d 715 (Colo. 1982).
· cites it 6× “” He also alleges an equal protection infirmity by reason of section 18-1-803, C.R.S.1973 (1978 Repl.Vol.”
People v. Miller, 113 P.3d 743 (Colo. 2005).
“” § 18-1-803(1). First-degree murder (after deliberation) is a specific intent crime.”
People v. Gladney, 250 P.3d 762 (Colo. Ct. App. 2010).
· cites it 2× “1 Nonetheless, defendant cannot satisfy the remaining parts of the test set forth in section 18-1-803. Initially, we observe, as did the trial court, that defendant's conduct did not "consti *767 tute[ ] an offense within the concurrent jurisdiction of this state and the United…”
Bieber v. People, 856 P.2d 811 (Colo. 1993).
· cites it 4× “Thus, we refused to read the statutory provision that allows defendants to offer evidence of an impaired mental condition bearing on their capacity to form the intent required to commit a specific intent crime, see § 18-1-803, 8 C.R.S. (1973), as implying a limit on the right to…”
People v. Giem, 2015 COA 176 (Colo. Ct. App. 2015).
· cites it 8× “However, because the initial briefs focused on the district court's ruling that the exception of section 18-1-804(1)(b) applied, we requested supplemental briefing on whether section 18-1-803 barred Gliem's prosecution in Colorado and, if so, for which counts.”
People v. Morgan, 637 P.2d 338 (Colo. 1981).
· cites it 3× “There we held that section 18-1-803, C.R.S.1973 (1978 Repl. Vol.”
— Colo. Rev. Stat. § 18-1-803(1) — 3 cases
People v. Miller, 113 P.3d 743 (Colo. 2005).
“” § 18-1-803(1). First-degree murder (after deliberation) is a specific intent crime.”
Cordova v. People, 817 P.2d 66 (Colo. 1991).
“adjudication is not eligible for release or conditional release from the commitment unless and until the court is satisfied by a preponderance of the evidence that "the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to…”
People v. Collins, 752 P.2d 93 (Colo. 1988).
“Pursuant to section 18-1-803(1), evidence of an impaired mental condition may be offered “as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged.”
— Colo. Rev. Stat. § 18-1-803(1)(a) — 1 case
People v. Giem, 2015 COA 176 (Colo. Ct. App. 2015).
“However, because the initial briefs focused on the district court's ruling that the exception of section 18-1-804(1)(b) applied, we requested supplemental briefing on whether section 18-1-803 barred Gliem's prosecution in Colorado and, if so, for which counts.”
— Colo. Rev. Stat. § 18-1-803(3) — 2 cases
Cordova v. People, 817 P.2d 66 (Colo. 1991).
“adjudication is not eligible for release or conditional release from the commitment unless and until the court is satisfied by a preponderance of the evidence that "the defendant has no abnormal mental condition which would be likely to cause him to be dangerous either to…”
People v. Collins, 752 P.2d 93 (Colo. 1988).
“Pursuant to section 18-1-803(1), evidence of an impaired mental condition may be offered “as bearing upon the capacity of the accused to form the culpable mental state which is an element of the offense charged.”
— Colo. Rev. Stat. § 18-1-803(4) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.