GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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COMMON COLORADO DOMESTIC VIOLENCE CRIMES -
SUMMARY |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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REGARDING
CIVIL RESTRAINING ORDERS INVOLVING DOMESTIC ABUSE
REFER TO
RESTRAINING
ORDERS PAGE
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download

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MENTAL ELEMENT
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SPECIFIC INTENT vs. GENERAL INTENT |
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A crime is committed when the defendant has committed a voluntary act
prohibited by law accompanied by a culpable mental state. Voluntary
act means an act performed consciously as a result of effort or
determination. Culpable mental state means intentionally, or with
intent; or knowingly, willfully or recklessly as explained in this
instruction. Proof of the commission of the act alone is not
sufficient to prove that Defendant, I. Dint Doit, had the required
culpable mental state. The culpable mental state is as much an element
of the crime as the act itself and must be proven beyond a reasonable
doubt, either by direct or circumstantial evidence. |
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SPECIFIC INTENT CRIMES |
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A person acts "intentionally" or "with intent" when his conscious
objective is to cause the specific result proscribed by the statute
defining the offense. It is immaterial whether or not the result
actually occurred. |
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GENERAL
INTENT CRIMES |
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A person acts "knowingly" or "willfully" with respect to conduct or to
a circumstance described by a statute defining an offense when he is
aware that his conduct is of such nature or that such circumstance
exists. A person acts "knowingly" or "willfully" with respect to a
result of his conduct when he is aware that his conduct is practically
certain to cause the result.
A person acts "recklessly" when he
consciously disregards a substantial and unjustified risk that a
result will occur or that a circumstance exists. |
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SOURCE: COLJI 6:01 with headers
added |
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FELONY STALKING
CRS 18-9-111(4)
- statute verbatim Criminal Classification:
(F-5) or
(F-4)
** Specific Intent Crime
modified enhanced sentencing
caveat: statutes or jury instructions may have been amended since last
updated here |
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I have included very few statutes
in this website, however this is one due to the potential for internet abuse
Laws are changed with regularity - attorney makes no representation that the
linked statute is current |
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Refer to
People v. Sullivan, 53 P.3d 1181 (Colo.App.
2002) - felony stalking conviction upheld for electronic GPS device on
wife's car with downloadable chip. |
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In the context of
felony stalking, (whether or not an intimate relationship,
breakup,
dissolution of marriage,
separation,
paternity allegation or
domestic abuse restraining order litigation), the
Sullivan rationale may likely
extend to surreptitious installation and monitoring of a computer program
which repeatedly reports computer usage or internet activity to another.
(computer spyware tracking programs installed without the user's knowledge
or consent). Publishing attorney has not had occasion to defend a
computer spyware felony stalking case, nor is he aware of any
specific case in which such criminal charges have been initiated.
Although
Sullivan may be a harbinger,
current statutory language does not specifically identify surreptitious
spyware installation or monitoring as prohibited conduct, and may not be
sufficient to support a felony stalking conviction. Additional legal research would be
required for a more definitive opinion regarding defense of this issue. |
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Web beacons, aka web bugs, have become standard practice in many
commercial websites, including reputable companies. Web bugs are
installed surreptitiously without the user's knowledge or consent and
without benefit of court order - court scrutiny. Web bugs may
track computer usage or internet activity. Commercial software is
available to block or find and delete web bugs which are considered by
many in the computer industry to be spyware.
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An attorney naturally queries the difference between tracking spyware
surreptitiously installed by a commercial enterprise and tracking
spyware surreptitiously installed to track computer or internet activity
of someone with whom the installing person (alleged stalker) has had a
continuing relationship. Put another way, is the enabling language
of
CRS 18-9-111(4)(a)
sufficient to withstand a constitutional equal protection challenge? |
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HARASSMENT
CRS 18-9-111 Criminal Classification: (M-3)
** Specific Intent Crime
Refer to above link for Adobe Acrobat .pdf file - statute verbatim
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits harassment if,
with intent to harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or
otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs
obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a
public place; or
(d) Repealed.
(e) Initiates communication with a
person, anonymously or otherwise by telephone in a manner intended to
harass or threaten bodily injury or property damage, or makes any
comment, request, suggestion, or proposal by telephone which is obscene;
or
(f) Makes a telephone call or
causes a telephone to ring repeatedly, whether or not a conversation
ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications
at inconvenient hours that invade the privacy of another and interfere
in the use and enjoyment of another's home or private residence or other
private property; or
(h) Repeatedly insults, taunts,
challenges, or makes communications in offensively coarse language to
another in a manner likely to provoke a violent or disorderly response.
(1.5) defines obscene. Refer to the
statute.
(2) Harassment pursuant to subsection
(1) of this section is a
Class
3 Misdemeanor.
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THIRD
DEGREE ASSAULT
CRS
18-3-204 Criminal Classification: (M-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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A person commits the crime of assault in
the third degree if he knowingly or recklessly causes bodily injury to another
person or with criminal negligence he causes bodily injury to another person
by means of a deadly weapon. Assault in the third degree is a
Class
1 Misdemeanor.
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Bodily Injury means physical pain, illness,
or any impairment of physical or mental condition
Source: COLJI 5(5), CRS
18-1-901(3)(c)
Attorney Note: no specific degree of pain is required under the
definition. |
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SECOND
DEGREE ASSAULT
CRS 18-3-203 Criminal
Classification: (F-6)
or (F-4)
** Specific Intent Crime
caveat: statutes or jury instructions may have been
amended since last updated here |
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(1) A person commits the crime of assault
in the second degree if:
(a) Repealed.
(b) With intent to cause bodily
injury to another person, he or she causes such injury to any person by
means of a deadly weapon; or
(c) Not relevant to divorce or
domestic violence.
(d) He recklessly causes serious
bodily injury to another person by means of a deadly weapon.
(g) With intent to cause bodily
injury to another person, he causes serious bodily injury to that person
or another.
(2) Paraphrased.
(a) Heat of passion reduces the crime
to a
Class 6 Felony.
(b) Absent heat of passion, the crime
is a
Class 4 Felony. |
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Serious Bodily Injury means bodily injury
which, either at the time of the actual injury or at a later time, involves:
a. a substantial risk of death,
b. a substantial risk of serious
permanent disfigurement,
c. a substantial risk of protracted
loss or impairment of the function of any part or organ of the body, or
d. breaks, fractures, or burns of the
second or third degree.
Source: COLJI 5(23), CRS
18-1-901(3)(p)
Deadly Weapon: CRS
18-1-901(3)(e) |
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MENACING
CRS
18-3-206 Criminal Classification: (M-3) or
(F-5)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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A person commits the crime of menacing if,
by any threat or physical action, he knowingly places or attempts to place
another person in fear if imminent serious bodily injury. Menacing is a
Class
3 Misdemeanor, but if committed by the use of a deadly weapon, it is a
Class
5 Felony.
Deadly Weapon means any firearm, (whether
loaded or unloaded), knife, bludgeon, or other weapon, device, instrument,
material or substance, whether animate or inanimate, which in the manner it is
used or to be used is capable of producing death or serious bodily injury
Source: COLJI 5(10),
Deadly Weapon: CRS
18-1-901(3)(e)
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VIOLATION
OF A RESTRAINING ORDER
CRS
18-6-803.5 Criminal Classification: (M-2) or
(M-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits the crime of
violation of a restraining order if such person contacts, harasses, injures,
intimidates, molests, threatens, or touches any protected person or enters
or remains on premises or comes within a specified distance of a protected
person or premises, and such conduct is prohibited by a restraining order,
after such person has been personally served with any such order or
otherwise has acquired from the court actual knowledge of the contents of
any such order.
(2) Violation of a restraining order is a
Class 2 Misdemeanor, except that, if the restrained person has previously
been convicted of violating this section or a former version of this section
or an analogous municipal ordinance, or if the restraining order is issued
pursuant to CRS 18-1-1001 (defendant in criminal case not harassing a victim
or witness), the violation is a
Class
1 Misdemeanor
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| Note: many provisions of this
statute have not been included due to volume. Arrest provisions are mandatory.
Read the statute for further details. |
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FALSE
IMPRISONMENT
CRS
18-3-303 Criminal Classification: (M-2)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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False imprisonment. Any person who
knowingly confines or detains another without the other's consent and without
proper legal authority commits false imprisonment, which is a
Class
2 Misdemeanor. This section shall not apply to a peace officer acting in good
faith within the scope of his duties. |

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CRIMINAL MISCHIEF
CRS
18-4-501 Criminal Classification: (M-3),
(M-2), (F-4) or
(F-3)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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Any person who knowingly damages the real
or personal property of one or more persons in the course of a single criminal
episode commits a
Class
3 Misdemeanor where the aggregate damage to the real
or personal property is less than one hundred dollars. Where the aggregate
damage to the real or personal property is one hundred dollars or more but
less than four hundred dollars, such person commits a
Class
2 Misdemeanor.
Where the aggregate damage to the real or personal property is four hundred
dollars or more but less than fifteen thousand dollars, such person commits a
Class
4 Felony. Where the aggregate damage to the real or personal property is
fifteen thousand dollars or more, such person commits a
Class
3 Felony. |
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Refer to
People v. Sullivan, 53 P.3d
1181 (Colo.App. 2002) - arson conviction upheld for burning wife’s
marital property clothing. |
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Prior to and during
litigation proceedings, be respectful of joint property or marital
property.
This would be particularly applicable regarding
that claimed by your spouse or
significant other to be his or her property. |
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TELEPHONE OR
COMMUNICATIONS |
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OBSTRUCTION
OF TELEPHONE OR TELEGRAPH SERVICE
CRS 18-9-306.5 Criminal Classification:
(M-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.
(2) Obstruction of telephone or telegraph service is a
Class 1 Misdemeanor.
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(1) Any person not a sender or intended
receiver of a telephone or telegraph communication commits wiretapping if
he:
(a) Knowingly overhears, reads,
takes, copies, or records a telephone, telegraph, or electronic
communication without the consent of either a sender or a receiver
thereof or attempts to do so; or
(b) Intentionally overhears, reads,
takes, copies, or records a telephone, telegraph, or electronic
communication for the purpose of committing or aiding or abetting the
commission of an unlawful act; or
(c) Knowingly uses for any purpose or
discloses to any person the contents of any such communication, or
attempts to do so, while knowing or having reason to know the
information was obtained in violation of this section; or
(d) Knowingly taps or makes any
connection with any telephone or telegraph line, wire, cable, or
instrument belonging to another or with any electronic, mechanical, or
other device belonging to another or installs any device whether
connected or not which permits the interception of messages; or
(e) Repealed and
re-enacted as
(f) Knowingly uses any apparatus to
unlawfully do, or cause to be done, any act prohibited by this section
or aids, authorizes, agrees with, employs, permits, or intentionally
conspires with any person to violate the provisions of this section.
(2) Wiretapping is a
Class
6 Felony;
except that, if the wiretapping involves a cordless telephone, it is a
Class
1 Misdemeanor.
CRS
18-17-103 Definitions
CRS
18-9-302 Penalties
CRS
18-9-305 Exceptions
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(1) Any person not visibly present during
a conversation or discussion commits eavesdropping if he:
(a) Knowingly overhears or records
such conversation or discussion without the consent of at least one of
the principal parties thereto, or attempts to do so; or
(b) Intentionally overhears or
records such conversation or discussion for the purpose of committing,
aiding, or abetting the commission of an unlawful act; or
(c) Knowingly uses for any purpose,
discloses, or attempts to use or disclose to any other person the
contents of any such conversation or discussion while knowing or having
reason to know the information was obtained in violation of this
section; or
(d) Knowingly aids, authorizes,
agrees with, employs, permits, or intentionally conspires with any
person to violate the provisions of this section.
(2) Eavesdropping is a
Class
6 Felony.
CRS
18-17-103 Definitions
CRS
18-9-302 Penalties
CRS
18-9-305 Exceptions
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FALSE
REPORTING TO AUTHORITIES
CRS 18-8-111 Criminal Classification:
(M-3)
** General Intent Crime
caveat: statutes or jury
instructions may have been amended since last
updated here |
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(1) A person commits false reporting to authorities, if:
(a) He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property; or
(b) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or
(c) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or
(d) He or she knowingly provides false identifying information to law enforcement authorities.
(2) False reporting to authorities is a
Class 3 Misdemeanor.
(3) For purposes of this section, "identifying information" means a person's name, address, birth date, social security number, or driver's license or Colorado identification number.
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PERJURY
IN THE FIRST DEGREE
CRS 18-8-502 Criminal Classification: (F-4)
** General Intent Crime
caveat: statutes or jury
instructions may have been amended since last
updated here |
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(1) A person commits perjury in the first degree if in any
official proceeding he knowingly makes a
materially false
statement, which he does not believe to be true, under an
oath
required or authorized by law.
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
(3) Perjury in the first degree is a
Class 4 Felony. |
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PERJURY
IN THE SECOND DEGREE
CRS 18-8-503 Criminal Classification:
(M-1)
** Specific Intent Crime
caveat: statutes or jury
instructions may have been amended since last
updated here |
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(1) A person commits perjury in the second degree if,
other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a
materially false
statement, which he does not believe to be true, under an
oath
required or authorized by law.
(2) Perjury in the second degree is a
Class 1 Misdemeanor. |
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DEFINITIONS - PERJURY & SWEARING
CRS 18-8-501
Definitions in sections 18-8-101 & 18-8-301are applicable, in addition to definitions here
caveat: statutes or jury
instructions may have been amended since last
updated here |
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(1) "Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental
function.
(2)
Oath
(a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
(I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
(II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
(III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement.
(b) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
(3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such
proceedings. |
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FALSE
SWEARING
CRS 18-8-504 Criminal Classification (P-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits false swearing if he
knowingly makes a materially false statement, other than those prohibited by
sections 18-8-502 and 18-8-503, which he does not believe to be true, under
an oath required or authorized by law.
(2) False swearing is a
Class
1 Petty Offense. |
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PERJURY
OR FALSE SWEARING
INCONSISTENT STATEMENTS
CRS 18-8-505
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) Where a person charged with perjury or
false swearing has made inconsistent material statements under oath, both
having been made within the period of the statute of limitations, the
prosecution may proceed by setting forth the inconsistent statements in a
single count alleging in the alternative that one or the other was false and
not believed by the defendant. In such case it shall not be necessary for
the prosecution to prove which statement was false but only that one or the
other statement was false and not believed by the defendant to be true.
(2) The highest offense of which a person may
be convicted in such an instance shall be determined by hypothetically
assuming each statement to be false. If the assumption establishes perjury
of different degrees, the person may be convicted of the lesser degree at
most. If perjury or false swearing is established by the making of the two
statements, the person may be convicted of false swearing at the most. |
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PERJURY
AND FALSE SWEARING - PROOF
CRS 18-8-506
caveat: statutes or jury
instructions may have been amended since last
updated here |
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In any prosecution for perjury or false swearing, except a
prosecution based upon inconsistent statements pursuant to section 18-8-505,
falsity of a statement may not be established solely through contradiction by
the uncorroborated testimony of a single witness. |
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PERJURY
AND FALSE SWEARING
PREVIOUS CRIMINAL ACTION
CRS 18-8-507
caveat: statutes or jury
instructions may have been amended since last
updated here |
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No prosecution may be brought under sections 18-8-502,
18-8-503, or 18-8-504 if the substance of the defendant's false statement is the
entry of a plea of not guilty in a previous criminal action in which he or she
was accused of an offense. |
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PERJURY
- RETRACTION
CRS 18-8-508
caveat: statutes or jury
instructions may have been amended since last
updated here |
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No person shall be convicted of perjury in the first
degree if he retracted his false statement in the course of the same proceeding
in which it was made. Statements made in separate hearings at separate stages of
the same trial or administrative proceeding shall be deemed to have been made in
the course of the same proceeding. Retraction is an affirmative defense. |
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PERJURY
AND FALSE SWEARING
IRREGULARITIES NO DEFENSE
CRS 18-8-509
caveat: statutes or jury
instructions may have been amended since last
updated here |
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(1) It is no defense to a prosecution under
sections 18-8-502 to 18-8-504 that:
(a) The defendant was not competent, for
reasons other than mental disability or immaturity, to make the false
statement alleged;
(b) The statement was inadmissible under
the law of evidence;
(c) The oath was administered or taken in
an irregular manner; or
(d) The person administering the oath
lacked authority to do so, if the taking of the oath was required by
law. |

| please
feel free to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |

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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Colorado Springs, domestic
violence, criminal charges, criminal defense, felony, misdemeanor, third degree assault,
second degree assault, stalking, harassment, menacing, violation of a restraining order, false imprisonment, criminal mischief, obstruction of telephone, wiretapping, eavesdropping, perjury, false reporting,
domestic abuse, El Paso County, Colorado |


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Website Copyright © 2003 -
All Rights Reserved - Document Revised
July 22, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
January 29, 2010 |
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