C.R.S. Section 18-3-408.5
Jury instruction on consent

  • when required

(1)

In any criminal prosecution for a crime listed in subsection (2) of this section or for attempt or conspiracy to commit a crime listed in subsection (2) of this section, upon request of any party to the proceedings, the jury shall be instructed on the definition of consent as set forth in section 18-3-401 (1.5). Notwithstanding the provisions of section 18-1-505 (4), an instruction on the definition of consent given pursuant to this section shall not constitute an affirmative defense, but shall only act as a defense to the elements of the offense.

(2)

The provisions of subsection (1) of this section shall apply to the following crimes:

(a)

Sexual assault as described in section 18-3-402 (1)(a);

(b)

Sexual assault as described in section 18-3-402 (1)(b), (1)(c), or (1)(e), as they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;

(c)

Sexual assault in the second degree as described in section 18-3-403 (1)(a) or (1)(b), as they existed prior to July 1, 2000, for offenses committed prior to July 1, 2000;

(d)

Unlawful sexual contact as described in section 18-3-404 (1)(a), (1)(c), or (1)(d);

(e)

Unlawful sexual contact as described in section 18-3-404 (1.7), as it existed prior to July 1, 2010, for offenses committed prior to July 1, 2010;

(f)

Invasion of privacy for sexual gratification as described in section 18-3-405.6; or

(g)

Criminal invasion of privacy in violation of section 18-7-801.

Source: Section 18-3-408.5 — Jury instruction on consent - when required, 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

§ 18-3-408.5’s source at colorado​.gov