COLORADO POSTQUESTIONS AND VERIFIED
ANSWERS
Formal requirement for a victim to file a complaint: - Answers - Attempt to resolve the
matter at a local level
Sexual assault - Answers - (§18-3-402) // any actor who knowingly inflicts intrusion or
penetration (F4) if: the actor causes submission of victim OR the actor knows the victim
is incapable of appraising the nature of the conduct, OR actor knows there is erroneous
submission (believing to be their spouse), OR victim is under 15 and actor is at least 4
years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR victim is
physically helpless (F3) // F2 aggravators: actor is assisted by someone else, victim
suffers SBI, involves use of deadly weapon (or verbally represents)
Photographic arrays - Answers - ID procedures are not necessary if the witness knows
the suspect (i.e. more than a short time or mere acquaintances)
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - Answers - 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
What are the two types of arrest? - Answers - Custodial
Non-Custodial
An emergency protective order expires after _____? - Answers - Three judicial days
§ 18-1-402. Presumption of Innocence - Answers - Every person is presumed innocent
until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - Answers - All indigent persons
who are charged with or held for the commission of a crime are entitled to legal
representation and supporting services at the state's expense
Dunaway v. New York said what? - Answers - an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing - Answers - Every
person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right
,to demand and receive a preliminary hearing within a reasonable time to determine
whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory
sentencing, or is charged with a crime of violence or sexual offense, shall have the right
to demand and receive a preliminary hearing within a reasonable time to determine
whether PC exists
How many jurors on a felony trial? - Answers - 12
How many jurors on a misdemeanor trial? - Answers - 6
How long for a speedy trial? - Answers - 180 days from the date of entry of a not guilty
plea
§ 18-1-405
What property crime can you use deadly force to defend against? - Answers - First
Degree Arson
§ 18-1-407 Affirmative Defense - Answers - Means that unless the state's evidence
raises the issue involving the alleged defense, the defendant, to raise the issue, shall
present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then the guilt of the defendant
must be... - Answers - Established beyond a reasonable doubt as to that issue as well
as all other elements of the offense
When is an officer in detentions justified in using physical force? - Answers - in all other
circumstances when and to the extent that he reasonably believes it is necessary to
prevent when he reasonably believes to be the escape of a prisoner from a detention
facility
Detention Facility - Answers - any place maintained for the confinement, pursuant to
law, or persons charged with or convicted of an offense, held for extradition, or
otherwise confined pursuant to an order of a court
§ 18-1-707 Use of physical force in making an arrest or in preventing an escape.
(Deadly force) - Answers - A peace officer is justified in using deadly physical force
upon another person when he reasonably believes that it is necessary:
-to defend himself or a third person from what he reasonably believes to be the use or
imminent use of deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably believes
----has committed or attempted to commit a felony involving the use or threatened use
of a deadly weapon
----is attempting escape by the use of a deadly weapon
,----otherwise indicates that he is likely to endanger human life or to inflict SBI unless
apprehended without delay
§ 18-1-706 Use of Physical Force in Defense of Property - Answers - A person is
justified in using reasonable and appropriate physical force upon another person when
and to the extent that he reasonably believes it is necessary to prevent what he
reasonably believes to be an attempt by the other person to commit theft, criminal
mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises - Answers - A person is
justified in using reasonable and appropriate physical force upon another person when
and to the extent that it is reasonably necessary to prevent or terminate what he
reasonably believes to be the commission or attempted commission of an unlawful
trespass by the other person in or upon the building, realty, or premises
§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law) - Answers - Any occupant of a dwelling is justified in using any
degree of physical force, no matter how slight, against another person when that other
person has made an unlawful entry into the dwelling, and when the occupant has a
reasonable belief that such other person has committed a crime in that dwelling in
addition to the uninvited entry, or is committing or intends to commit a crime against a
person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than ________ inches or an
overall length of less than 26 inches - Answers - 16
A short shotgun is defined as having a overall length of less than - Answers - 26 inches
§ 18-1-709 Entrapment - Answers - You can't convince someone to commit a crime and
then charge them with the crime
What age is insufficient age? - Answers - 10 years old
Act - Answers - A bodily movement, and includes words and possession of property
Conduct - Answers - an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
Criminal Negligence - Answers - Through a gross deviation from the standard of care
that a reasonable person would exercise, he fails to perceive a substantial and
unjustifiable risk that a result will occur or that a circumstance exists
Culpable Mental State - Answers - Intentionally
Knowingly
Recklessly
, Criminal negligence
Intentianally - Answers - When his conscious objective is to cause the specific result
proscribed by the statute defining the offense
Knowingly - Answers - When he is aware that his conduct is of such nature or that such
circumstance exists
When he is aware that his conduct is practically certain to cause the result
Omission - Answers - A failure to perform an act as to which a duty of performance is
imposed by law
Recklessly - Answers - When he consciously disregards a substantial and unjustifiable
risk that a result will occur or that a circumstance exists
Voluntary Act - Answers - An act performed consciously as a result of effort or
determination, and includes the possession of property if the actor was aware of his
physical possession of property if the actor was aware of his physical possession or
control thereof for a sufficient period to have been able to terminate it
Criminal Liability - Answers - The performance by a person of conduct which includes a
voluntary act or the omission to perform an act which he is physically capable of
performing
Strict Liability - Answers - when conduct alone is all that is required for the commission
of a particular offense
(ex: DUI)
Mental Culpability - Answers - When a culpable mental state on the part of the actor is
required with respect to any material element of an offense
(ex: Murder)
§ 18-1-603 Complicity - Answers - A person is legally accountable as principal for the
behavior of another constituting a criminal offense if, with the intent to promote or
facilitate the commission of the offense, he or she aids, abets, advises, or encourages
the other person in planning or committing the offense
*basically if they helped out in the crime
§ 18-1-702 Choice of Evils - Answers - Conduct which would otherwise constitute an
offense is justifiable and not criminal when it is necessary as an emergency measure to
avoid an imminent public or private injury which is about to occur
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
ANSWERS
Formal requirement for a victim to file a complaint: - Answers - Attempt to resolve the
matter at a local level
Sexual assault - Answers - (§18-3-402) // any actor who knowingly inflicts intrusion or
penetration (F4) if: the actor causes submission of victim OR the actor knows the victim
is incapable of appraising the nature of the conduct, OR actor knows there is erroneous
submission (believing to be their spouse), OR victim is under 15 and actor is at least 4
years older (M1), OR between 15 and 17 and actor is 10 yrs older, OR victim is
physically helpless (F3) // F2 aggravators: actor is assisted by someone else, victim
suffers SBI, involves use of deadly weapon (or verbally represents)
Photographic arrays - Answers - ID procedures are not necessary if the witness knows
the suspect (i.e. more than a short time or mere acquaintances)
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A) - Answers - 16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
What are the two types of arrest? - Answers - Custodial
Non-Custodial
An emergency protective order expires after _____? - Answers - Three judicial days
§ 18-1-402. Presumption of Innocence - Answers - Every person is presumed innocent
until proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - Answers - All indigent persons
who are charged with or held for the commission of a crime are entitled to legal
representation and supporting services at the state's expense
Dunaway v. New York said what? - Answers - an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing - Answers - Every
person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony has the right
,to demand and receive a preliminary hearing within a reasonable time to determine
whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory
sentencing, or is charged with a crime of violence or sexual offense, shall have the right
to demand and receive a preliminary hearing within a reasonable time to determine
whether PC exists
How many jurors on a felony trial? - Answers - 12
How many jurors on a misdemeanor trial? - Answers - 6
How long for a speedy trial? - Answers - 180 days from the date of entry of a not guilty
plea
§ 18-1-405
What property crime can you use deadly force to defend against? - Answers - First
Degree Arson
§ 18-1-407 Affirmative Defense - Answers - Means that unless the state's evidence
raises the issue involving the alleged defense, the defendant, to raise the issue, shall
present some credible evidence on that issue
If the issue involved in an affirmative defense is raised, then the guilt of the defendant
must be... - Answers - Established beyond a reasonable doubt as to that issue as well
as all other elements of the offense
When is an officer in detentions justified in using physical force? - Answers - in all other
circumstances when and to the extent that he reasonably believes it is necessary to
prevent when he reasonably believes to be the escape of a prisoner from a detention
facility
Detention Facility - Answers - any place maintained for the confinement, pursuant to
law, or persons charged with or convicted of an offense, held for extradition, or
otherwise confined pursuant to an order of a court
§ 18-1-707 Use of physical force in making an arrest or in preventing an escape.
(Deadly force) - Answers - A peace officer is justified in using deadly physical force
upon another person when he reasonably believes that it is necessary:
-to defend himself or a third person from what he reasonably believes to be the use or
imminent use of deadly physical force
-to effect an arrest or prevent an escape of a person whom he reasonably believes
----has committed or attempted to commit a felony involving the use or threatened use
of a deadly weapon
----is attempting escape by the use of a deadly weapon
,----otherwise indicates that he is likely to endanger human life or to inflict SBI unless
apprehended without delay
§ 18-1-706 Use of Physical Force in Defense of Property - Answers - A person is
justified in using reasonable and appropriate physical force upon another person when
and to the extent that he reasonably believes it is necessary to prevent what he
reasonably believes to be an attempt by the other person to commit theft, criminal
mischief, or criminal tampering involving property
§ 18-1-705 Use of physical force in defense of premises - Answers - A person is
justified in using reasonable and appropriate physical force upon another person when
and to the extent that it is reasonably necessary to prevent or terminate what he
reasonably believes to be the commission or attempted commission of an unlawful
trespass by the other person in or upon the building, realty, or premises
§ 18-1-704.5 Use of Deadly Physical Force against an intruder
(Make My Day Law) - Answers - Any occupant of a dwelling is justified in using any
degree of physical force, no matter how slight, against another person when that other
person has made an unlawful entry into the dwelling, and when the occupant has a
reasonable belief that such other person has committed a crime in that dwelling in
addition to the uninvited entry, or is committing or intends to commit a crime against a
person or property
The occupant shall be immune from criminal prosecution and civil liability
A short rifle is defined as having a barrel length of less than ________ inches or an
overall length of less than 26 inches - Answers - 16
A short shotgun is defined as having a overall length of less than - Answers - 26 inches
§ 18-1-709 Entrapment - Answers - You can't convince someone to commit a crime and
then charge them with the crime
What age is insufficient age? - Answers - 10 years old
Act - Answers - A bodily movement, and includes words and possession of property
Conduct - Answers - an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
Criminal Negligence - Answers - Through a gross deviation from the standard of care
that a reasonable person would exercise, he fails to perceive a substantial and
unjustifiable risk that a result will occur or that a circumstance exists
Culpable Mental State - Answers - Intentionally
Knowingly
Recklessly
, Criminal negligence
Intentianally - Answers - When his conscious objective is to cause the specific result
proscribed by the statute defining the offense
Knowingly - Answers - When he is aware that his conduct is of such nature or that such
circumstance exists
When he is aware that his conduct is practically certain to cause the result
Omission - Answers - A failure to perform an act as to which a duty of performance is
imposed by law
Recklessly - Answers - When he consciously disregards a substantial and unjustifiable
risk that a result will occur or that a circumstance exists
Voluntary Act - Answers - An act performed consciously as a result of effort or
determination, and includes the possession of property if the actor was aware of his
physical possession of property if the actor was aware of his physical possession or
control thereof for a sufficient period to have been able to terminate it
Criminal Liability - Answers - The performance by a person of conduct which includes a
voluntary act or the omission to perform an act which he is physically capable of
performing
Strict Liability - Answers - when conduct alone is all that is required for the commission
of a particular offense
(ex: DUI)
Mental Culpability - Answers - When a culpable mental state on the part of the actor is
required with respect to any material element of an offense
(ex: Murder)
§ 18-1-603 Complicity - Answers - A person is legally accountable as principal for the
behavior of another constituting a criminal offense if, with the intent to promote or
facilitate the commission of the offense, he or she aids, abets, advises, or encourages
the other person in planning or committing the offense
*basically if they helped out in the crime
§ 18-1-702 Choice of Evils - Answers - Conduct which would otherwise constitute an
offense is justifiable and not criminal when it is necessary as an emergency measure to
avoid an imminent public or private injury which is about to occur
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
