8-3-101, et seq; 18-3-301, et seq; 18-1.3-1201 et seq.
Yes for Class 1 felonies
Effect of Incapacity
Mitigating factor; suspend sentence; if “mentally retarded” then sentenced to life in prison.
Age is mitigating factor; no one under 18 (Sullivan v. People, 111 Colo. 205, 139 P.2d 876 (1943))
First degree kidnapping if victim has been injured, but defendant will not be sentenced to death if victim is liberated alive prior to the conviction of kidnapper. Treason.
Murder committed by person imprisoned for Class 1, 2 or 3 felony; previous crime of violence; intentionally killed peace officer/former peace officer, judge, firefighter, elected official, federal officer he knew or should have known to be engaged in official duties or retaliation for past official duties; kidnapped person intentionally killed; agreement to kill; explosives or incendiary device; pecuniary gain; heinous or cruel; hate crime; victim was under 12; defendant killed 1 or more persons in the same episode; defendant killed victim knowing she was pregnant.
Method of Execution