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

Colo. Rev. Stat. § 18-3-408 (2026)

Jury instruction prohibited

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

In any criminal prosecution under sections 18- 3-402 to 18-3-405, or for attempt or conspiracy to commit any crime under sections 18-3-402 to 18-3-405, the jury shall not be instructed to examine with caution the testimony of the victim solely because of the nature of the charge, nor shall the jury be instructed that such a charge is easy to make but difficult to defend against, nor shall any similar instruction be given. However, the jury shall be instructed not to allow gender bias or any kind of prejudice based upon gender to influence the decision of the jury.

Source: L. 75: Entire part R&RE, p. 631, § 1, effective July 1. L. 90: Entire section amended, p. 925, § 8, effective March 27.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2025 · leading case: People v. Fierro, 606 P.2d 1291 (Colo. 1980).
Sort: Relevance Newest Treatment
People v. Fierro, 606 P.2d 1291 (Colo. 1980). · cites it 15× “On this appeal, the defendant raises issues relating to: (1) the sufficiency of the evidence; (2) purported inconsistencies in the findings of the jury; (3) the constitutionality of section 18-3-408, C.R.S. 1973, which prohibits the giving of the “Lord Hale” instruction in…”
People v. Estorga, 612 P.2d 520 (Colo. 1980). · cites it 6× “The defendant next challenges the constitutionality of section 18-3-408, C.R.S. 1973, which forbids the giving of a jury instruction that a charge such as the one in this case is easy to make but hard to defend against (the traditional “Lord Hale” instruction).”
Platt v. People, 201 P.3d 545 (Colo. 2009). · cites it 3× “In 1975, the General Assembly repealed the law and reenacted it as section 18-3-408(1)(c), C.R.S. (1975), which contained virtually identical language to the present-day subsection (b).”
People v. Martinez, 36 P.3d 154 (Colo. Ct. App. 2001). “199, § 18-3-408(1)(b) at 698. As the trial court determined, this statute, like the first degree sexual assault statute discussed in Dunton v.”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “The remaining elements are identical with one exception: § 18-3-408(1)(e) requires sexual penetration or intrusion.”
Tumentsereg v. People, 247 P.3d 1015 (Colo. 2011). · cites it 2× “5), and the repeal of section 18-3-408 and reorganization of section 402 in 2000 had already resulted in the elimination of different degrees in the classification of sexual assault, the sexual assault provision under which the defendant was convicted continued to mandate…”
Hardin v. State, 840 A.2d 1217 (Del. 2003). “Colo.Rev.Stat. § 18-3-408 (1986). 32 . Minn.”
People v. Anderson, 183 P.3d 649 (Colo. Ct. App. 2007). “1, § 18-3-408(1)(e), 1988 Colo. Sess. Laws 725 (now codified as section 18-8-402(l)(e), C.”
People v. Johnson, 870 P.2d 571 (Colo. Ct. App. 1993). · cites it 4× “Defendant contends that the trial court’s failure to instruct the jury on gender bias pursuant to § 18-3-408, C.R.S. (1993 Cum. Supp.) requires reversal.”
Peo v. Hightower (Colo. Ct. App. 2025). · cites it 3× “1983), and section 18-3-408, C.R.S. 2024, he contends that one of his “murder convictions must go” because “he has two murder convictions in a case involving the death of a single victim, one more than the Colorado legislature permits.”
— Colo. Rev. Stat. § 18-3-408(1)(b) — 1 case
People v. Martinez, 36 P.3d 154 (Colo. Ct. App. 2001). “199, § 18-3-408(1)(b) at 698. As the trial court determined, this statute, like the first degree sexual assault statute discussed in Dunton v.”
— Colo. Rev. Stat. § 18-3-408(1)(c) — 1 case
Platt v. People, 201 P.3d 545 (Colo. 2009). “In 1975, the General Assembly repealed the law and reenacted it as section 18-3-408(1)(c), C.R.S. (1975), which contained virtually identical language to the present-day subsection (b).”
— Colo. Rev. Stat. § 18-3-408(1)(e) — 2 cases
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “The remaining elements are identical with one exception: § 18-3-408(1)(e) requires sexual penetration or intrusion.”
People v. Anderson, 183 P.3d 649 (Colo. Ct. App. 2007). “1, § 18-3-408(1)(e), 1988 Colo. Sess. Laws 725 (now codified as section 18-8-402(l)(e), C.”
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.