As used in this article 8, unless the context otherwise requires:
(1) "Government" has the same meaning as described in section 18-1-901 (3)(i).
(2) "Governmental function" has the same meaning as described in section 18-1-901 (3)(j).
(2.5) "Peace officer" has the same meaning as described in section 16-2.5-101, C.R.S.
(3) "Public servant" has the same meaning as described in section 18-1-901 (3)(o).
(4) "Shelter-in-place order" means an official order or direction from government officials to the occupants of a building to seek shelter from an external threat in the building or a safe structure.
Source: L. 71: R&RE, p. 453, § 1. C.R.S. 1963: § 40-8-101. L. 92: Entire section amended, p. 405, § 19, effective June 3. L. 2003: (2.5) added, p. 1628, § 63, effective August 6. L. 2023: IP amended and (4) added, (SB 23-249), ch. 418, p. 2469, § 1, effective June 7.
Editor's note: Subsection (2.5) was originally enacted as subsection (4) but was renumbered on revision for ease of location.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1980–2022 · leading case:
People v. Sena, 2015 COA 161 (Colo. Ct. App. 2016).
People v. Sena, 2015 COA 161 (Colo. Ct. App. 2016).
· cites it 5× “” Section 18-8-101(3), C.R.S. 2016, then provides that " ‘[p]ublic servant’ has the same meaning as described in section 18-1-901 (3)(o),” where we finally find the definition set forth above.”
People v. Harlan, 8 P.3d 448 (Colo. 2000).
· cites it 5× “The court of appeals concluded that "after deliberation" is not part of the culpable mental state of first degree murder because "under § 18-8-101(8) the term 'after deliberation' is 'separate from' and 'in addition to' the requisite culpable mental state of 'Intentionally'" Id.”
Bailey v. People, 617 P.2d 549 (Colo. 1980).
· cites it 11× “” The terms used in the bribery statute are defined in section 18-8-101, C.R.S. 1973 (now in 1978 Repl.”
v. Knox, 2019 COA 152 (Colo. Ct. App. 2019).
· cites it 6× “2019; see also § 18-8-101(2.5) (“‘Peace officer’ has the same meaning as described in section 16-2.”
v. Barnett, 2020 COA 167 (Colo. Ct. App. 2020).
· cites it 3× “2020 (referring to the definition of “public servant” as used in section 18-8-101(3), C.R.S. 2020, which in turn, leads to section 18-1-901(3)(o)).”
People v. McBride, 228 P.3d 216 (Colo. Ct. App. 2009).
“" § 18-8-101(8), C.R.8.2009. The rebuttal argument sought to harvest the fruits of seeds planted during voir dire, when the prosecutor questioned prospective jurors about factors they would "consider" in "exercising judgment and reflection" to decide whether to drive through a…”
People v. Johnson, 327 P.3d 305 (Colo. Ct. App. 2013).
· cites it 2× “Further, we note that "escape" is not defined as a continuing activity either in the elemental escape statute, section 18-8-208, or in the general definitional statute, section 18-8-101, C.R.8.2012. *308 [ 15 Defendant also relies on the Colorado Supreme Court's interpretation…”
People v. Parsons, 15 P.3d 799 (Colo. Ct. App. 2000).
· cites it 3× “" Section 18-8-101(8), C.R.S.1999; People v.”
Silva v. Garland, 27 F.4th 95 (1st Cir. 2022).
“See Colo. Rev. Stat. §§ 18-8-101 to -116 (1996); Fla.”
People v. Buckallew, 848 P.2d 904 (Colo. 1993).
“See § 18-8-101(3), 8B C.R.S. (1986) (“public servant” means an officer or employee of government whether elected or appointed).”
Stanton v. State, 2006 WY 31 (Wyo. 2006).
“Colo.Rev.Stat. § 18-8-101(3) (1973). The court held an employee of the Colorado Springs Urban Renewal Effort (CURE), a corporate body created under the authority of the Colorado Urban Renewal Law, was *493 not a public servant within the meaning of the state’s bribery statute.”
People v. Sanchez, 253 P.3d 1260 (Colo. Ct. App. 2010).
“- "The term 'after deliberation' means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act.”
— Colo. Rev. Stat. § 18-8-101(1) — 1 case
Bailey v. People, 617 P.2d 549 (Colo. 1980).
“” The terms used in the bribery statute are defined in section 18-8-101, C.R.S. 1973 (now in 1978 Repl.”
— Colo. Rev. Stat. § 18-8-101(3) — 6 cases
People v. Sena, 2015 COA 161 (Colo. Ct. App. 2016).
“” Section 18-8-101(3), C.R.S. 2016, then provides that " ‘[p]ublic servant’ has the same meaning as described in section 18-1-901 (3)(o),” where we finally find the definition set forth above.”
v. Knox, 2019 COA 152 (Colo. Ct. App. 2019).
“2019; see also § 18-8-101(2.5) (“‘Peace officer’ has the same meaning as described in section 16-2.”
v. Barnett, 2020 COA 167 (Colo. Ct. App. 2020).
“2020 (referring to the definition of “public servant” as used in section 18-8-101(3), C.R.S. 2020, which in turn, leads to section 18-1-901(3)(o)).”
People v. Buckallew, 848 P.2d 904 (Colo. 1993).
“See § 18-8-101(3), 8B C.R.S. (1986) (“public servant” means an officer or employee of government whether elected or appointed).”
Stanton v. State, 2006 WY 31 (Wyo. 2006).
“Colo.Rev.Stat. § 18-8-101(3) (1973). The court held an employee of the Colorado Springs Urban Renewal Effort (CURE), a corporate body created under the authority of the Colorado Urban Renewal Law, was *493 not a public servant within the meaning of the state’s bribery statute.”
— Colo. Rev. Stat. § 18-8-101(8) — 4 cases
People v. Harlan, 8 P.3d 448 (Colo. 2000).
“The court of appeals concluded that "after deliberation" is not part of the culpable mental state of first degree murder because "under § 18-8-101(8) the term 'after deliberation' is 'separate from' and 'in addition to' the requisite culpable mental state of 'Intentionally'" Id.”
People v. McBride, 228 P.3d 216 (Colo. Ct. App. 2009).
“" § 18-8-101(8), C.R.8.2009. The rebuttal argument sought to harvest the fruits of seeds planted during voir dire, when the prosecutor questioned prospective jurors about factors they would "consider" in "exercising judgment and reflection" to decide whether to drive through a…”
People v. Parsons, 15 P.3d 799 (Colo. Ct. App. 2000).
“" Section 18-8-101(8), C.R.S.1999; People v.”
People v. Sanchez, 253 P.3d 1260 (Colo. Ct. App. 2010).
“- "The term 'after deliberation' means not only intentionally but also that the decision to commit the act has been made after the exercise of reflection and judgment concerning the act.”
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