C.R.S. Section 18-3-107
First degree murder of a peace officer, firefighter, or emergency medical service provider

  • legislative declaration

(1)

A person who commits murder in the first degree, as defined in section 18-3-102, and the victim is a peace officer, firefighter, or emergency medical service provider, engaged in the performance of his or her duties, commits the felony crime of first degree murder of a peace officer, firefighter, or emergency medical service provider.

(2)

As used in this section, “peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties” means a peace officer, as described in section 16-2.5-101, a firefighter, as defined in section 18-3-201 (1.5), or an emergency medical service provider, as defined in section 18-3-201 (1.3), who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, firefighter, or emergency medical service provider, whether or not the peace officer, firefighter, or emergency medical service provider is within the territorial limits of his or her jurisdiction, if the peace officer, firefighter, or emergency medical service provider is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, firefighter, or emergency medical service provider knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider.

(3)

A person convicted of first degree murder of a peace officer, firefighter, or emergency medical service provider shall be punished by life imprisonment without the possibility of parole for the rest of his or her natural life, unless the offense was charged prior to July 1, 2020, and a proceeding held to determine sentence according to the procedure set forth in section 18-1.3-1201, 18-1.3-1302, or 18-1.4-102 results in a verdict that requires imposition of the death penalty, in which event the person shall be sentenced to death. Nothing in this subsection (3) is construed as limiting the power of the governor to grant reprieves, commutations, and pardons pursuant to section 7 of article IV of the Colorado constitution.

(4)

In the event the death penalty as provided for in this section is held to be unconstitutional by the Colorado supreme court or the United States supreme court, a person convicted of first degree murder of a peace officer, firefighter, or emergency medical service provider under subsection (1) of this section shall be punished by life imprisonment without the possibility of parole. In such circumstance, the court which previously sentenced a person to death shall cause the person to be brought before the court, and the court shall sentence the person to life imprisonment without the possibility of parole.

(5)

The general assembly recognizes that protection of peace officers, firefighters, and emergency medical service providers from crime is a major concern of our state because society depends on peace officers, firefighters, and emergency medical service providers for protection against crime and other dangers and because peace officers, firefighters, and emergency medical service providers are disproportionately damaged by crime because their duty to protect society often places them in dangerous circumstances. Society as a whole benefits from affording special protection to peace officers, firefighters, and emergency medical service providers because the protection deters crimes against them and allows them to better serve and protect our state. The general assembly therefore finds that the penalties for first degree murder of a peace officer, firefighter, or emergency medical service provider should be more severe than the penalty for first degree murder of other members of society.

Source: Section 18-3-107 — First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑3‑101
Definition of terms 18‑3‑102
Murder in the first degree 18‑3‑103
Murder in the second degree - definitions 18‑3‑104
Manslaughter 18‑3‑105
Criminally negligent homicide 18‑3‑106
Vehicular homicide 18‑3‑107
First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration 18‑3‑201
Definitions 18‑3‑202
Assault in the first degree 18‑3‑203
Assault in the second degree 18‑3‑204
Assault in the third degree 18‑3‑205
Vehicular assault 18‑3‑206
Menacing 18‑3‑207
Criminal extortion - aggravated extortion 18‑3‑208
Reckless endangerment 18‑3‑210
Unlawfully aiming a laser device at an aircraft - definitions 18‑3‑301
First degree kidnapping 18‑3‑302
Second degree kidnapping 18‑3‑303
False imprisonment 18‑3‑304
Violation of custody order or order relating to parental responsibilities 18‑3‑305
Enticement of a child 18‑3‑306
Internet luring of a child 18‑3‑401
Definitions 18‑3‑402
Sexual assault 18‑3‑404
Unlawful sexual contact 18‑3‑405
Sexual assault on a child 18‑3‑405.3
Sexual assault on a child by one in a position of trust 18‑3‑405.4
Internet sexual exploitation of a child 18‑3‑405.5
Sexual assault on a client by a psychotherapist - definitions 18‑3‑405.6
Invasion of privacy for sexual gratification 18‑3‑405.7
Unlawful sexual conduct by a peace officer - definition 18‑3‑407
Victim’s and witness’s prior history - evidentiary hearing - victim’s identity - protective order 18‑3‑407.5
Victim evidence - forensic evidence - electronic lie detector exam without victim’s consent prohibited 18‑3‑407.7
Sexual assault victim emergency payment program - creation - eligibility 18‑3‑407.9
Forensic nurse examiners - telehealth program - creation - appropriation 18‑3‑408
Jury instruction prohibited 18‑3‑408.5
Jury instruction on consent - when required 18‑3‑409
Marital defense 18‑3‑410
Medical exception 18‑3‑411
Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition 18‑3‑412
Habitual sex offenders against children - indictment or information - verdict of the jury 18‑3‑412.5
Failure to register as a sex offender 18‑3‑412.6
Failure to verify location as a sex offender 18‑3‑413
Video tape depositions - children - victims of sexual offenses 18‑3‑414
Payment of treatment costs for the victim or victims of a sexual offense against a child 18‑3‑414.5
Sexually violent predators - assessment - annual report - definitions 18‑3‑415
Testing for persons charged with sexual offense 18‑3‑415.5
Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing 18‑3‑416
Reports of convictions to department of education 18‑3‑417
Reports of sexual assault by applicants, registrants, or licensed professionals 18‑3‑418
Unlawful electronic sexual communication - person in a position of trust - definitions 18‑3‑501
Legislative declaration 18‑3‑502
Definitions 18‑3‑503
Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude 18‑3‑504
Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude 18‑3‑505
Human trafficking council - created - duties - repeal 18‑3‑601
Legislative declaration 18‑3‑602
Stalking - penalty - definitions - Vonnie’s law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-3-107’s source at colorado​.gov