2025 COLORADO POST STUDY GUIDE Q&A
Formal requirement for a victim to file a complaint: - ANS-Attempt to resolve the matter
at a local level
Sexual assault - ANS-(§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 - ANS-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) - ANS-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? - ANS-Custodial
Non-Custodial
An emergency protective order expires after _____? - ANS-Three judicial days
§ 18-1-402. Presumption of Innocence - ANS-Every person is presumed innocent until
proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - ANS-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? - ANS-an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing - ANS-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? - ANS-12
How many jurors on a misdemeanor trial? - ANS-6
How long for a speedy trial? - ANS-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? - ANS-First Degree
Arson
§ 18-1-407 Affirmative Defense - ANS-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... - ANS-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? - ANS-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 - ANS-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) - ANS-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 - ANS-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 - ANS-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) - ANS-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 - ANS-16
A short shotgun is defined as having a overall length of less than - ANS-26 inches
§ 18-1-709 Entrapment - ANS-You can't convince someone to commit a crime and then
charge them with the crime
What age is insufficient age? - ANS-10 years old
Act - ANS-A bodily movement, and includes words and possession of property
Conduct - ANS-an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
Criminal Negligence - ANS-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 - ANS-Intentionally
Knowingly
Recklessly
Criminal negligence
Intentianally - ANS-When his conscious objective is to cause the specific result
proscribed by the statute defining the offense
, Knowingly - ANS-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 - ANS-A failure to perform an act as to which a duty of performance is
imposed by law
Recklessly - ANS-When he consciously disregards a substantial and unjustifiable risk
that a result will occur or that a circumstance exists
Voluntary Act - ANS-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 - ANS-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 - ANS-when conduct alone is all that is required for the commission of a
particular offense
(ex: DUI)
Mental Culpability - ANS-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 - ANS-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 - ANS-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)
Who are those that are covered under the use of physical force - special relations § 18-
1-703? - ANS-1. Parent, guardian, or other person entrusted with the care and
supervision of a minor or incompetent person, or teacher
2. Detentions staff
Formal requirement for a victim to file a complaint: - ANS-Attempt to resolve the matter
at a local level
Sexual assault - ANS-(§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 - ANS-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) - ANS-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? - ANS-Custodial
Non-Custodial
An emergency protective order expires after _____? - ANS-Three judicial days
§ 18-1-402. Presumption of Innocence - ANS-Every person is presumed innocent until
proved guilty
§ 18-1-403. Legal Assistance and Supporting Services - ANS-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? - ANS-an officer needs PC for any arrest
§ 18-1-404 Preliminary hearing or waiver-dispositional hearing - ANS-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? - ANS-12
How many jurors on a misdemeanor trial? - ANS-6
How long for a speedy trial? - ANS-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? - ANS-First Degree
Arson
§ 18-1-407 Affirmative Defense - ANS-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... - ANS-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? - ANS-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 - ANS-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) - ANS-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 - ANS-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 - ANS-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) - ANS-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 - ANS-16
A short shotgun is defined as having a overall length of less than - ANS-26 inches
§ 18-1-709 Entrapment - ANS-You can't convince someone to commit a crime and then
charge them with the crime
What age is insufficient age? - ANS-10 years old
Act - ANS-A bodily movement, and includes words and possession of property
Conduct - ANS-an act or omission and its accompanying state of mind or, where
relevant, a series of acts of omissions
Criminal Negligence - ANS-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 - ANS-Intentionally
Knowingly
Recklessly
Criminal negligence
Intentianally - ANS-When his conscious objective is to cause the specific result
proscribed by the statute defining the offense
, Knowingly - ANS-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 - ANS-A failure to perform an act as to which a duty of performance is
imposed by law
Recklessly - ANS-When he consciously disregards a substantial and unjustifiable risk
that a result will occur or that a circumstance exists
Voluntary Act - ANS-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 - ANS-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 - ANS-when conduct alone is all that is required for the commission of a
particular offense
(ex: DUI)
Mental Culpability - ANS-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 - ANS-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 - ANS-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)
Who are those that are covered under the use of physical force - special relations § 18-
1-703? - ANS-1. Parent, guardian, or other person entrusted with the care and
supervision of a minor or incompetent person, or teacher
2. Detentions staff
