(1) A person commits criminal attempt if, acting with the
kind of culpability otherwise required for commission of an offense, he engages in conduct
constituting a substantial step toward the commission of the offense. A substantial step is any
conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of
the actor's purpose to complete the commission of the offense. Factual or legal impossibility of
committing the offense is not a defense if the offense could have been committed had the
attendant circumstances been as the actor believed them to be, nor is it a defense that the crime
attempted was actually perpetrated by the accused.
(2) A person who engages in conduct intending to aid another to commit an offense
commits criminal attempt if the conduct would establish his complicity under section 18-1-603
were the offense committed by the other person, even if the other is not guilty of committing or
attempting the offense.
(3) It is an affirmative defense to a charge under this section that the defendant
abandoned his effort to commit the crime or otherwise prevented its commission, under
circumstances manifesting the complete and voluntary renunciation of his criminal intent.
(3.5) Criminal attempt to commit any crime for which a court is required to sentence a
defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of
violence for the purposes of that section.
(4) Criminal attempt to commit a class 1 felony is a class 2 felony; criminal attempt to
commit a class 2 felony is a class 3 felony; criminal attempt to commit a class 3 felony is a class
4 felony; criminal attempt to commit a class 4 felony is a class 5 felony; criminal attempt to
commit a class 5 or 6 felony is a class 6 felony.
(5) Criminal attempt to commit a felony which is defined by any statute other than one
contained in this title and for which no penalty is specifically provided is a class 6 felony.
(6) Criminal attempt to commit a class 1 misdemeanor or class 2 misdemeanor is a class
2 misdemeanor.
(7) Repealed.
(8) Criminal attempt to commit a petty offense is a crime of the same class as the offense
itself.
(9) The provisions of subsections (4) to (8) of this section shall not apply to a person
who commits criminal attempt to escape. A person who commits criminal attempt to escape shall
be punished as provided in section 18-8-208.1.
(10) (a) Except as otherwise provided by law, criminal attempt to commit a level 1 drug
felony is a level 2 drug felony; criminal attempt to commit a level 2 drug felony is a level 3 drug
felony; criminal attempt to commit a level 3 drug felony is a level 4 drug felony; and criminal
attempt to commit a level 4 drug felony is a level 4 drug felony.
(b) Except as otherwise provided by law, criminal attempt to commit a level 1 drug
misdemeanor is a level 2 drug misdemeanor; and criminal attempt to commit a level 2 drug
misdemeanor is a level 2 drug misdemeanor.
Source: L. 71: R&RE, p. 414, § 1. C.R.S. 1963: § 40-2-101. L. 75: (4) to (7) amended
and (8) added, p. 617, § 3, effective July 21. L. 76, Ex. Sess.: (9) added, p. 10, § 2, effective
September 18. L. 77: (1) amended, p. 960, § 4, effective July 1. L. 89, 1st Ex. Sess.: (4) and (5)
amended, p. 21, § 11, effective July 1. L. 95: (3.5) added, p. 1250, § 4, effective July 1. L. 2002:
(3.5) amended, p. 1511, § 182, effective October 1. L. 2013: (10) added, (SB 13-250), ch. 333, p.
1942, § 66, effective October 1. L. 2014: (10) amended, (SB 14-163), ch. 391, p. 1975, § 14,
effective July 1. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3172, § 190, effective March 1,
2022; (7)(b) added by revision, (SB 21-271), ch. 462, pp. 3172, 3331, §§ 190, 803.
Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective
March 1, 2022. (See L. 2021, pp. 3172, 3331.)
Cross references: (1) For affirmative defenses generally, see §§ 18-1-407, 18-1-710,
and 18-1-805.
(2) For the legislative declaration contained in the 2002 act amending subsection (3.5),
see section 1 of chapter 318, Session Laws of Colorado 2002.
PART 2
CRIMINAL CONSPIRACY
Notes of Decisions
Cited in
356
cases (
50 in the last 5 years), 1975–2026 · leading case:
People v. Madden, 111 P.3d 452 (Colo. 2005).
People v. Madden, 111 P.3d 452 (Colo. 2005).
· cites it 16× “5) sets forth the crime of third degree sexual assault as follows: Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set forth in section 18-3-402 or 18-3-403 to expose intimate parts or to engage in any sexual contact,…”
People v. Lehnert, 163 P.3d 1111 (Colo. 2007).
· cites it 10× “See § 18-2-101(1), C.R.S. (2006). 1 The statute immediately makes clear that by "substantial step" it means any conduct that is strongly corroborative of the actor's criminal objective.”
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021).
· cites it 5× “§ 18-2-101(1), C.R.S. 2020; § 18-3-104(1)(a).”
v. Grosko, 2021 COA 28 (Colo. Ct. App. 2021).
· cites it 3× “2020, defines criminal attempt: A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense.”
People v. Weller, 679 P.2d 1077 (Colo. 1984).
· cites it 18× “The defendant was tried for attempted murder in the first degree, section 18-2-101, C.R.S. and second-degree assault, section 18-3-203(l)(b), C.”
Garcia v. People, 2019 CO 64 (Colo. 2019).
· cites it 3× “" § 18-2-101(4), C.R.S. (2018). Thus, if in the course of attempting to commit sexual assault, a defendant "causes submission of the victim through the actual application of physical force or physical violence," he commits a class 4 felony.”
People v. Beatty, 80 P.3d 847 (Colo. Ct. App. 2003).
· cites it 7× “Section 18-2-101(1), C.R.S.2002. Where a defendant is charged with attempted first degree murder after deliberation, the “substantial step” element requires proof of the intent to commit first degree murder.”
People v. Nguyen, 900 P.2d 37 (Colo. 1995).
· cites it 24× “Since this statute does not include attempt within the definition of the crime of first degree assault, attempted first degree assault falls under the general criminal attempt statute, section 18-2-101. Section 18-2-101 provides: (1) A person commits criminal attempt if, acting…”
v. Dominguez, 2021 COA 76 (Colo. Ct. App. 2021).
· cites it 4× “” § 18-2-101(1), C.R.S. 2020. A substantial step means “any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense.”
People v. Huber, 139 P.3d 628 (Colo. 2006).
· cites it 4× “(2005); [1] attempted sexual assault on a child by one in a position of trust, section 18-2-101; and indecent exposure, section 18-7-302.”
Villanueva v. People, 199 P.3d 1228 (Colo. 2009).
· cites it 4× “[3] §§ 18-2-101, 18-3-405, C.R.S. (2008). [4] The issue on which we granted certiorari is "[w]hether the court of appeals properly affirmed the trial court's decision to aggravate the defendant's sentence based on the advisement given to him at his providencey hearing and his…”
People v. Muckle, 107 P.3d 380 (Colo. 2005).
· cites it 4× “(1995), attempted first degree murder of Hendrix in violation of section 18-2-101(4), 8B C.R.S. (1995), and first degree assault of Hendrix in violation of section 18-3-202(l)(a), 8B C.”
— Colo. Rev. Stat. § 18-2-101(1) — 148 cases
v. Draper, 2021 COA 120 (Colo. Ct. App. 2021).
“§ 18-2-101(1), C.R.S. 2020; § 18-3-104(1)(a).”
People v. Lehnert, 163 P.3d 1111 (Colo. 2007).
“See § 18-2-101(1), C.R.S. (2006). 1 The statute immediately makes clear that by "substantial step" it means any conduct that is strongly corroborative of the actor's criminal objective.”
v. Grosko, 2021 COA 28 (Colo. Ct. App. 2021).
“2020, defines criminal attempt: A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense.”
People v. Beatty, 80 P.3d 847 (Colo. Ct. App. 2003).
“Section 18-2-101(1), C.R.S.2002. Where a defendant is charged with attempted first degree murder after deliberation, the “substantial step” element requires proof of the intent to commit first degree murder.”
v. Dominguez, 2021 COA 76 (Colo. Ct. App. 2021).
“” § 18-2-101(1), C.R.S. 2020. A substantial step means “any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense.”
— Colo. Rev. Stat. § 18-2-101(11) — 1 case
— Colo. Rev. Stat. § 18-2-101(2) — 4 cases
People v. Lehnert, 163 P.3d 1111 (Colo. 2007).
“See § 18-2-101(1), C.R.S. (2006). 1 The statute immediately makes clear that by "substantial step" it means any conduct that is strongly corroborative of the actor's criminal objective.”
— Colo. Rev. Stat. § 18-2-101(3) — 6 cases
— Colo. Rev. Stat. § 18-2-101(4) — 33 cases
Garcia v. People, 2019 CO 64 (Colo. 2019).
“" § 18-2-101(4), C.R.S. (2018). Thus, if in the course of attempting to commit sexual assault, a defendant "causes submission of the victim through the actual application of physical force or physical violence," he commits a class 4 felony.”
People v. Muckle, 107 P.3d 380 (Colo. 2005).
“(1995), attempted first degree murder of Hendrix in violation of section 18-2-101(4), 8B C.R.S. (1995), and first degree assault of Hendrix in violation of section 18-3-202(l)(a), 8B C.”
— Colo. Rev. Stat. § 18-2-101(5) — 2 cases
— Colo. Rev. Stat. § 18-2-101(6) — 3 cases
— Colo. Rev. Stat. § 18-2-101(7) — 2 cases
— Colo. Rev. Stat. § 18-2-101(8) — 5 cases
— Colo. Rev. Stat. § 18-2-101(l) — 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.