(1) A person commits the crime of murder in the second degree if:
(a) The person knowingly causes the death of a person; or
(b) Acting either alone or with one or more persons, he or she commits or
attempts to commit felony arson, robbery, burglary, kidnapping, sexual assault as
prohibited by section 18-3-402, sexual assault in the first or second degree as
prohibited by section 18-3-402 or 18-3-403, as those sections existed prior to July 1,
2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the felony crime of escape as provided in section 18-8-208, and, in the
course of or in furtherance of the crime that he or she is committing or attempting
to commit, or of immediate flight therefrom, the death of a person, other than one
of the participants, is caused by any participant.
(1.5) It is an affirmative defense to a charge of violating subsection (1)(b) of
this section that the defendant:
(a) Was not the only participant in the underlying crime; and
(b) Did not commit the homicidal act or in any way solicit, request, command,
importune, cause, or aid the commission thereof; and
(c) Was not armed with a deadly weapon; and
(d) Did not engage himself or herself in or intend to engage in and had no
reasonable ground to believe that any other participant intended to engage in
conduct likely to result in death or serious bodily injury.
(2) Diminished responsibility due to self-induced intoxication is not a defense
to murder in the second degree.
(2.5) (Deleted by amendment, L. 96, p. 1844, § 12, effective July 1, 1996.)
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3),
murder in the second degree is a class 2 felony.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (3),
murder in the second degree is a class 3 felony where the act causing the death
was performed upon a sudden heat of passion, caused by a serious and highly
provoking act of the intended victim, affecting the defendant sufficiently to excite
an irresistible passion in a reasonable person; but, if between the provocation and
the killing there is an interval sufficient for the voice of reason and humanity to be
heard, the killing is a class 2 felony.
(c) For purposes of determining sudden heat of passion pursuant to
subsection (3)(b) of this section, a defendant’s act does not constitute an act
performed upon a sudden heat of passion if it results solely from the discovery of,
knowledge about, or potential disclosure of the victim’s actual or perceived gender,
gender identity, gender expression, or sexual orientation, including but not limited
to under circumstances in which the victim made an unwanted nonforcible romantic
or sexual advance toward the defendant.
(4) A defendant convicted pursuant to subsection (1) of this section shall be
sentenced by the court in accordance with the provisions of section 18-1.3-406.
(5) As used in this section, unless the context otherwise requires:
(a) Gender identity and gender expression have the same meaning as in
section 18-1-901 (3)(h.5).
(b) Intimate relationship has the same meaning as in section 18-6-800.3.
(c) Sexual orientation has the same meaning as in section 18-9-121 (5)(b).
L. 71: R&RE, p. 418, § 1. C.R.S. 1963: § 40-3-103. L. 75: (1)(a) amended, p. 622, § 1, effective March 19. L. 77: (1)(a) amended and (1)(b) repealed, pp. 960, 971, §§ 6, 67, effective July 1. L. 86: (4) added, p. 776, § 1, effective July 1. L. 95: IP(1) amended and (2.5) added, p. 1222, § 5, effective July 1. L. 96: Entire section amended, p. 1844, § 12, effective July 1. L. 2002: (4) amended, p. 1512, § 184, effective October 1. L. 2020: (3)(c) and (5) added, (SB 20-221), ch. 279, p. 1368, § 6, effective July 13. L. 2021: (1) amended and (1.5) added, (SB 21-124), ch. 58, p. 236, § 2, effective September 15.
For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.
