2-3-70 Criminal Code provisions adopted | Telluride Municipal Code

Sec. 2-3-70. Criminal Code provisions adopted.

The following parts of the state Criminal Code are adopted by reference and apply to criminal proceedings under this Code to the full extent that they can be transferred from state to municipal setting:

(1) When prosecution is barred by former proceedings: Sections 18-1-301 through 18-1-304, C.R.S.

(2) The rights of criminal defendants, including:

(a) The charges to be proved beyond a reasonable doubt. Section 18-1-402, C.R.S.;

(b) Speedy trial. Section 18-1-405, C.R.S.;

(c) Right to a jury trial. In all criminal prosecutions under this Code, the defendant shall have the right to demand a trial before a jury of not less than three (3) and not more than six (6) persons. For the rules regarding the defendant’s written demand for a jury trial and the fees for such a demand, refer to the Colorado Municipal Court Rules of Procedure, especially Rule 223, and to Section 16-10-109, C.R.S.;

(d) Affirmative defenses. Section 18-1-407, C.R.S.;

(e) The rules concerning prosecution of multiple counts for the same act. Section 18-1-408, C.R.S. as amended; and

(f) Post-conviction remedies. Section 18-1-410, C.R.S.

(3) The principles of criminal culpability. Sections 18-1-501 through 18-1-505, C.R.S.

(4) The parties to offenses and accountability for the behavior of others. This comprises complicity, aiding and abetting, accessory to crime and criminal liability of corporations and their agents. Sections 18-1-601 through 18-1-607 and 18-8-105, C.R.S.

(5) The possible justifications for criminal conduct and exemptions from criminal responsibility. These include duty, choice of evils, self-defense, defense of premises or property, duress and entrapment. Sections 18-1-701 through 18-1-710, C.R.S.

(6) Possible nonresponsibility due to insufficient age, insanity, impaired mental condition or intoxication (not self-induced). Sections 18-1-801 through 18-1-805, C.R.S.

(7) Inchoate offenses and their respective defenses. Sections 18-2-101 through 18-2-401, C.R.S. Inchoate offenses include:

(a) Attempts;

(b) Criminal conspiracy; and