Before 1974, Colorado’s definition of first-degree murder under 18-3-102 C.R.S. included the language that the alleged murderer acted “with premeditated intent to cause death…” Now the language is that the alleged murderer acted “after deliberation and with intent to cause death…” Essentially, they mean the same thing: That first-degree murder in Colorado requires the killer to have thought about killing the victim before actually carrying out the fatal act.
1. Is premeditation/deliberation an element of second-degree murder?
No. The elements of deliberation and premeditation separate first-degree murder from second-degree murder in Colorado.
Under Colorado law, 18-3-103 C.R.S., second-degree murder is killing someone without premeditation or deliberation. Instead, a person commits the crime of murder in the second degree if the person knowingly causes the death of another person.1
You act “knowingly” with respect to conduct or to a circumstance when:
- You are aware that your conduct is of such nature or that such circumstance exists, or
- You are aware that your conduct is practically certain to cause the result prohibited by a particular law.2
For purposes of Colorado’s second-degree murder law, you act knowingly when you are aware that death is practically certain to result from your conduct.3
2. Are there other types of first-degree murder in Colorado?
Premeditated and deliberate killing is not the only kind of first-degree murder in Colorado. There are four other types that qualify as murder in the first degree. These are:
- felony murder, or when a person kills in the commission (or attempted commission) or arson, robbery, burglary, kidnapping, rape, or escape. Even if the person did not mean for anyone to die while committing the underlying crime, he/she could still face first-degree murder charges if a fatality results.
- when a person gets another person convicted and executed through perjury.
- when a person knowingly engages in conduct that creates a grave risk of death to another and under circumstances demonstrating an attitude of universal malice manifesting extreme indifference to the value of human life.
- when a person commits unlawful distribution, dispensation, or sale of a controlled substance to a person under eighteen years on school grounds, and the minor dies from the drugs.4
3. What are the penalties for murder in Colorado?
First-degree murder carries harsher punishments than second-degree murder. This is because first-degree murder requires premeditation and deliberation.
The penalty for first-degree murder is life imprisonment, except that felony murder carries 16 – 48 years in state prison.5
Meanwhile, second-degree murder carries:
- a state prison term of between 16 and 48 years (and 5-years mandatory parole), and/or
- a fine of $5,000 to $1,000,000.6
It is not always clear whether a suspect acted with premeditation and deliberation. Therefore, courts look to such evidence as:
- the suspect’s conduct and words,
- expert testimony,
- witnesses, and
- evidence from the crime scene.
Legal References:
-
- 18-3-103 C.R.S.
- 18-1-501(6) C.R.S.
- People v. Gonzales (1996) 926 P.2d 153.
- 18-3-102 C.R.S. See also People by and through Russel v. District Court for Fourth Judicial Dist. (1974) 521 P.2d 1254.
- See, for reference, 18-1.3-406 C.R.S.
- See same.
