C.R.S. Section 18-1-302
Second trial barred by former prosecution for different offense

(1)

Although a prosecution is for a violation of a different provision of law than a former prosecution or is based on different facts, it is barred by the former prosecution under the following circumstances:

(a)

The former prosecution resulted in an acquittal or a conviction as defined in section 18-1-301 (1)(a) and (1)(c) and the subsequent prosecution is for:

(I)

Any offense of which the defendant could have been convicted under the allegation of the complaint, information, or indictment of the first prosecution; or

(II)

The same conduct, unless the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of the offenses is intended to prevent a substantially different harm or evil or the second offense was not consummated when the former trial began.

(b)

The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense.

(c)

The former prosecution was improperly terminated, as improper termination is defined in section 18-1-301 (1)(d) and (2), and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

Source: Section 18-1-302 — Second trial barred by former prosecution for different offense, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑1‑101
Citation of title 18 18‑1‑102
Purpose of code, statutory construction 18‑1‑102.5
Purposes of code with respect to sentencing 18‑1‑103
Scope and application of code 18‑1‑104
“Offense” defined - offenses classified - common-law crimes abolished 18‑1‑201
State jurisdiction 18‑1‑202
Place of trial - applicability 18‑1‑301
Second trial barred by former prosecution for same offense 18‑1‑302
Second trial barred by former prosecution for different offense 18‑1‑303
Second trial barred by prosecution in another jurisdiction 18‑1‑304
Former prosecution not a bar 18‑1‑401
Purpose 18‑1‑402
Presumption of innocence 18‑1‑403
Legal assistance and supporting services 18‑1‑404
Preliminary hearing or waiver - dispositional hearing 18‑1‑405
Speedy trial - definition 18‑1‑406
Right to jury trial 18‑1‑407
Affirmative defense 18‑1‑408
Prosecution of multiple counts for same act 18‑1‑409
Appellate review of sentence for a felony 18‑1‑410
Postconviction remedy 18‑1‑410.5
Relief from improperly entered guilty pleas - legislative declaration 18‑1‑410.6
Relief from improperly entered guilty pleas for certain misdemeanor and municipal offenses - legislative declaration 18‑1‑411
Postconviction testing of DNA - definitions 18‑1‑412
Procedure for application for DNA testing - appointment of counsel 18‑1‑413
Content of application for DNA testing 18‑1‑414
Preservation of evidence 18‑1‑415
Testing - payment 18‑1‑416
Results of the DNA test 18‑1‑417
Ineffective assistance of counsel claims - waiver of confidentiality 18‑1‑501
Definitions 18‑1‑502
Requirements for criminal liability in general and for offenses of strict liability and of mental culpability 18‑1‑503
Construction of statutes with respect to culpability requirements 18‑1‑503.5
Principles of criminal culpability 18‑1‑504
Effect of ignorance or mistake upon culpability 18‑1‑505
Consent 18‑1‑601
Liability based upon behavior 18‑1‑602
Behavior of another 18‑1‑603
Complicity 18‑1‑604
Exemptions from liability based upon behavior of another 18‑1‑605
Liability based on behavior of another - no defense 18‑1‑606
Criminal liability of business entities - definitions 18‑1‑607
Criminal liability of an individual for corporate conduct 18‑1‑701
Execution of public duty 18‑1‑702
Choice of evils 18‑1‑703
Use of physical force - special relationships 18‑1‑704
Use of physical force in defense of a person - definitions 18‑1‑704.5
Use of deadly physical force against an intruder 18‑1‑705
Use of physical force in defense of premises 18‑1‑706
Use of physical force in defense of property 18‑1‑706.5
Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle 18‑1‑707
Use of force by peace officers - definitions 18‑1‑708
Duress 18‑1‑709
Entrapment 18‑1‑710
Affirmative defense 18‑1‑711
Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal 18‑1‑712
Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions 18‑1‑712.5
Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition 18‑1‑713
Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses 18‑1‑714
Protective hearing - victim’s, defendant’s, or witness’s gender identity, gender expression, or sexual orientation - definitions 18‑1‑801
Insufficient age 18‑1‑802
Insanity 18‑1‑803
Impaired mental condition 18‑1‑804
Intoxication 18‑1‑805
Responsibility - affirmative defense 18‑1‑901
Definitions 18‑1‑1001
Protection order against defendant - definitions 18‑1‑1001.5
Protection order against defendant - transfer of wireless telephone service in domestic violence cases - definitions 18‑1‑1002
Criminal contempt proceedings - notice to district attorney 18‑1‑1101
Definitions 18‑1‑1102
Scope 18‑1‑1103
Duty to preserve DNA evidence 18‑1‑1104
Manner and location of preservation of DNA evidence 18‑1‑1105
Law enforcement agency request for permission to dispose of evidence - procedures 18‑1‑1106
Defendant request for disposition of or waiver of preservation of DNA evidence - procedures 18‑1‑1107
Victim request for disposition of DNA evidence - procedures 18‑1‑1108
Notice - form and sufficiency
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1-302’s source at colorado​.gov