Section 18-3-102 - Murder in the first degree(1) A person commits the crime of murder in the first degree if: (a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or(c) By perjury or subornation of perjury he procures the conviction and execution of any innocent person; or(d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or(e) He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407(2), or 18-18-407(1)(g)(I) for offenses committed on or after October 1, 2013, and the death of such person is caused by the use of such controlled substance; or(f) The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.(3) Murder in the first degree is a class 1 felony.(4) The statutory privilege between patient and physician and between husband and wife shall not be available for excluding or refusing testimony in any prosecution for the crime of murder in the first degree as described in paragraph (f) of subsection (1) of this section.Amended by 2021 Ch. 58, § 1, eff. 9/15/2021.Amended by 2019 Ch. 390, § 12, eff. 8/2/2019.L. 71: R&RE, p. 418, § 1. C.R.S. 1963: § 40-3-102. L. 74: (1)(a) amended, p. 251, § 2, effective January 1, 1975. L. 75: (1)(b) amended, p. 632, § 5, effective July 1; (1)(b) amended, p. 617, § 5, effective July 21. L. 77: (1)(d) amended, p. 960, § 5, effective July 1. L. 81: (1)(d) amended, p. 973, § 4, effective July 1. L. 88: (1)(b) amended, p. 712, § 16, effective July 1. L. 90: (1)(e) added, p. 1006, § 2, effective July 1. L. 92: (1)(e) amended, p. 392, § 20, effective July 1. L. 95: (1)(f) and (4) added, pp. 1221, 1222, §§ 2, 3, effective July 1. L. 97: (1)(e) amended, p. 1543, § 11, effective July 1. L. 2000: (1)(b) amended, p. 703, § 28, effective July 1. L. 2019: (1)(e) amended, (SB 19-241), ch. 3465, p. 3465, § 12, effective August 2. L. 2021: (1)(b) and (2) repealed, (SB 21 -124), ch. 235, p. 235, § 1, effective September 15.Section 6(2) of chapter 58 (SB 21-124), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 15, 2021.
2021 Ch. 58, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 ; for the statutory privilege between patient and physician and between husband and wife, see § 13-90-107 .