Child Pornography Charges in Colorado
Generally, a crime in Colorado is completed when a person has committed a (1) voluntary act prohibited by law with (2) a culpable mental state. The State has to prove both a voluntary act and the culpable mental state beyond a reasonable doubt to a jury to prove that a crime has been committed.
Voluntary act means an act performed consciously as a result of effort or determination. This generally corresponds to the prohibited act, such as theft or burglary.
Culpable Mental State relates to a state of mind. In Colorado, there are 4 basic state of minds: Intentionally, Knowingly, Recklessly and With Criminal Negligence.
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. For instance, the crime of theft requires that the actor intend to permanently deprive the owner of his valuable. ‘Intentionally’ or ‘with intent’ crimes are described as a specific intent crime.
Knowingly or willfully:
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 a nature or that such a 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. For instance, the crime of Third Degree Assault requires that the actor ‘knowingly’ causes bodily injury to another. Thus, if the actor throws a punch and it lands, they have completed the crime of Third Degree Assault. ‘Knowingly’ or ‘willfully’ crimes are generally described as general intent crimes.
A person acts ‘recklessly’ when they consciously disregard a substantial and unjustifiable risk that a result will occur or that a circumstance exists. For instance, reckless driving. If a person is driving in such a manner as to indicate a wanton disregard for the safety of others, they have completed the crime of reckless driving.
A person acts with ‘criminal negligence’ when, through a gross deviation from the standard of care that a reasonable person would exercise, they fail to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. For instance, if an actor is negligently playing with a gun and the gun discharges and grazes another, the actor may have completed the act of Third Degree Assault.
A Crime in Colorado may also be a strict liability crime. Strict Liability crimes are different than other crimes in Colorado in that the prosecution does not have to prove that the person acted with a culpable mental state. An example of a strict liability crime is Vehicle Assault. The prosecution only has to prove that the actor was drunk and injured another while he was driving.
The law office of Christopher Braddock, located in Denver, Colorado, represents clients throughout the Front Range, including Aurora, Cherry Creek, Lakewood, Littleton, Wheat Ridge, Arvada, Littleton, Parker, Englewood, Greenwood Village, Westminster, Brighton, Broomfield, Boulder, Glendale, Centennial, Denver County, Arapahoe County, Douglas County, Jefferson County, Adams County, Broomfield County and Boulder County, CO.
Christopher T. Braddock