(1) "Affirmative defense" means that unless the state's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, shall present some credible evidence on that issue.
(2) If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense.
Source: L. 71: R&RE, p. 400, § 1. C.R.S. 1963: § 40-1-507.
Cross references: For the affirmative defense of impaired mental condition, see §§ 16-8103.5 and 18-1-803; for other provisions concerning affirmative defenses generally, see §§ 18-1710 and 18-1-805; for affirmative defenses to particular crimes, see specific criminal provisions in articles 2 through 15 of this title 18.