(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
(b) Repealed.
(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.
(2) Repealed.
(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.
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. 390, p. 3465, § 12, effective August 2. L. 2021: (1)(b) and (2) repealed, (SB 21-124), ch. 58, p. 235, § 1, effective September 15.
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.
