Definition of terms.

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As used in this part 1, unless the context otherwise requires:

  1. "Homicide" means the killing of a person by another.

  2. "Person", when referring to the victim of a homicide, means a human being who hadbeen born and was alive at the time of the homicidal act.

(2.5) One in a "position of trust" includes, but is not limited to, any person who is a parent or acting in the place of a parent and charged with any of a parent's rights, duties, or responsibilities concerning a child, including a guardian or someone otherwise responsible for the general supervision of a child's welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a child, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

  1. The term "after deliberation" means not only intentionally but also that the decisionto commit the act has been made after the exercise of reflection and judgment concerning the act. An act committed after deliberation is never one which has been committed in a hasty or impulsive manner.

Source: L. 71: R&RE, p. 417, § 1. C.R.S. 1963: § 40-3-101. L. 74: (1)(c) R&RE, p. 251, § 1, effective January 1, 1975. L. 95: (2.5) added, p. 1221, § 1, effective July 1.

Cross references: For the statutory provision that declares that the withholding or withdrawal of life-sustaining procedures does not constitute suicide or homicide, see § 15-18111; for the effect of homicide on probate matters, see § 15-11-803.


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