Sec. 10-1-10. Definitions.
For purposes of this Chapter, the following words shall have the meanings ascribed to them:
Act means:
(a) Any bodily movement, including the uttering of words; or
(b) The possession of property.
Aid and assist mean to knowingly make possible or further an activity by:
(a) Giving or lending money, or extending credit; or
(b) Acting in any other way which naturally tends towards accomplishing the intended results of the activity aided or assisted.
Attempt means a substantial step toward the commission of the deed. A substantial step means any conduct, whether act, omission or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the deed.
Bodily injury means physical pain, illness of any kind or any impairment of physical or mental condition.
Conduct means an act or omission and its accompanying state of mind. Where applicable, conduct also means a series of acts or omissions and their accompanying states of mind.
Criminal negligence means conduct wherein the actor or omitter, through a gross deviation from the standard of care that a reasonable person would exercise, fails to perceive a substantial probability that an unjustifiable result will occur or that an unjustifiable circumstance exists.
Culpable mental state means a blameworthy frame of mind which included the psychic component of committing prohibited conduct in any of the following ways: intentionally, knowingly, willfully, recklessly or with criminal negligence.
Intentionally or with intent: There are two (2) kinds of mental states accompanying conduct which qualify the conduct as being done intentionally or with intent to achieve specified results. In neither case does it matter, for purposes of establishing intent, whether the results are actually achieved.
(a) Actual intent means the actual conscious design, purpose or objective to commit the conduct in order to achieve the results.
(b) Putative intent. When, in the estimation of any reasonable person, the conduct itself is virtually certain to give rise to specified results, it shall not matter whether or not the person consciously desired, or strove for, those results, for every person shall be deemed to intend the virtually certain consequences of his or her conduct.
Omission means a failure to perform an act as to which a duty of performance is imposed by law.
Peace officer means any sheriff, undersheriff, deputy sheriff, police officer, state patrol officer, coroner, marshal, deputy marshal; any officer, guard, supervisor or employee of any institution within the Department of Corrections; any district attorney, assistant district attorney, deputy district attorney or special deputy district attorney; any authorized investigator working directly or indirectly for any district attorney, for the Attorney General or for any grand jury; any probation or parole officer; any officer or member of the Colorado National Guard while acting under call of the Governor in cases of emergency or civil disorder; any agent of the Colorado Bureau of Investigation; any member of an investigative body formed under the laws of the State to help enforce laws against organized crime or racketeering; any district wildlife manager; any parks and recreation officer; or any security guard employed by the State.
Public place means any place commonly or usually open to the general public or to which members of the general public may resort, or accessible to members of the general public. By way of illustration, such public places include but are not limited to public ways, streets, buildings, sidewalks, alleys, parking lots, shopping centers, shopping center malls, places of business usually open to the general public and automobiles or other vehicles in or upon any such place or places, but shall not include the interior or enclosed yard area of private homes, residences, condominiums or apartments.
Recklessly characterizes the conduct of a person who consciously disregards a substantial risk that an unjustifiable result will occur or that an unjustifiable circumstance exists.
Serious bodily injury means bodily injury which involves a substantial risk of:
(a) Death;
(b) Serious permanent disfigurement; or
(c) Protracted loss or impairment of the function of any part or organ of the body.
Voluntary act means an act performed consciously and as the result of effort or determination. If the act is possession of property, in order for the act to be a voluntary act, the actor must be aware of his or her possession or control of the property for a period sufficiently long to enable the actor to terminate that possession. (Prior code 1.04.020; Ord. 1288 §1, 2008)