(1) A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.
Diminished responsibility due to self-induced intoxication is not a defense to murderin the second degree.
(2.5) (Deleted by amendment, L. 96, p. 1844, § 12, effective July 1, 1996.)
(a) Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony.
Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in thesecond 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.
For purposes of determining sudden heat of passion pursuant to subsection (3)(b) ofthis 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.
A defendant convicted pursuant to subsection (1) of this section shall be sentencedby the court in accordance with the provisions of section 18-1.3-406.
As used in this section, unless the context otherwise requires:
"Gender identity" and "gender expression" have the same meaning as in section 18-1901 (3)(h.5).
"Intimate relationship" has the same meaning as in section 18-6-800.3.
"Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).
Source: 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 L. 77: (1)(a) amended and (1)(b) repealed, pp. 960, 971, §§ 6, 67, effective July 1.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.
Cross references: 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.