1972, March, Pg. 27. Articles II and III: The Colorado Criminal Code.

• Author: by Carroll E. Multz

1 Colo.Law. 27

Colorado Lawyer

1972.

1972, March, Pg. 27.

Articles II and III: The Colorado Criminal Code

271972, March, Pg. 27Articles II and III: The Colorado Criminal Codeby Carroll E. MultzCarroll E. Multz, Colorado Springs, is Chief Trial Deputy for the Fourth Judicial District. He was one of the drafters of the Colorado Criminal Code and is the author of numerous publications, including: The Colorado Criminal Law Handbook, Criminal Law for Police, and Civil Law for Police. His article, the third in a series, examines Articles II and III of the Code.

Article II. Inchoate Offenses

Criminal AttemptA person is no less a criminal for having tried but failed to commit a crime, and under the new Colorado Criminal Code he is subject to prosecution for the attempt though liable to a lesser penalty.

The definition of "criminal attempt," which is applicable to all offenses generally, has been simplified and clarified under the new act. It requires that there be (1) the intent to commit an offense, and (2) conduct "constituting a substantial step toward commission of the offense." A "substantial step" is defined as conduct which is "strongly corroborative of the firmness of the actor's intent to complete the commission of the offense."

The Code makes it clear that factual or legal impossibility to consummate the intended crime is not a defense. However, it is an affirmative defense if the defendant abandoned his efforts to commit the crime or otherwise prevented its commission where his actions demonstrated a complete and voluntary renunciation of criminal intent. Although a criminal attempt has been committed, the defense of renunciation is allowed as an incentive for a defendant to abandon his criminal course of conduct short of actual commission of the intended offense.

An attempt to commit a class 1 or 2 felony is a class 3 felony; to commit a class 3, 4 or 5 felony, a class 5 felony; to commit a class 1 misdemeanor, a class 3 misdemeanor; and to commit a class 2 and 3 misdemeanor, a class 1 petty offense.

Criminal ConspiracyThe crime of conspiracy has been re-defined, in accordance with corresponding federal law, to require the commission of

28an overt act in pursuance of the conspiracy. It provides that a person commits conspiracy if, with the intent to promote or facilitate the commission of an offense, he agrees with another that he (or the other) will engage in the commission of a crime, and he (or the other) performs an overt act in pursuance of the conspiracy.

Under the Code, it is an affirmative defense that the defendant "thwarted" the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of his criminal intent.

The Code also spells out the ground rules for abandonment of a conspiracy. It provides that an individual conspirator may abandon the conspiracy upon a showing that, subsequent to his involvement, he withdrew completely therefrom and gave timely notice to those with whom he conspired of his withdrawal or informed law enforcement authorities of the existence of the conspiracy and of his involvement.

The Code provides that criminal conspiracy is a crime of the same class "as the most serious offense which is an object of the conspiracy." However, conspiracy to commit a class 1 felony is a class 2 felony.

Further, under the Code a person may not be convicted of conspiracy to commit an offense if he is acquitted of the offense which is the object of the conspiracy unless there is otherwise independent evidence establishing the conspiracy.

Criminal SolicitationA person is guilty of criminal solicitation, a new offense defined by the Code, if he commands, induces, entreats, or attempts to persuade another to commit a felony. However, if the criminal object were achieved, it is a complete defense where the defendant would be the sole victim.

It is an affirmative defense if the defendant, after soliciting another to commit a felony, subsequently persuaded him not to do so or otherwise prevented the commission of the felony under circumstances manifesting a complete and voluntary renunciation of his criminal intent.

Criminal solicitation is subject to the same penalties as provided for criminal attempt.

Article III. Offenses Against the Person

Criminal HomicideMurder in the First Degree. The Code restates the classic concept of "premeditated" murder---the deliberate, planned, coldblooded killing. It provides that a person commits the crime of murder in the first degree if with "premeditated intent" he causes the death of another. "Premeditation" is defined as "a design formed to do something at any time before it is done."

The felony murder rule has been expanded under the Code to include the following enumerated offenses: arson, robbery, burglary, kidnapping, rape, gross sexual imposition, deviate sexual intercourse by force and deviate sexual intercourse by imposition. If during the commission or attempted commission of one of the specified felonies, or immediate flight therefrom, the death of another is caused, the participants in the underlying offense are guilty of murder in the first degree. However, the criminal responsibility of one participant for the death of another participant has been...