Colorado legal term
Mental capacity in Colorado Criminal Law
Current through 2026 Colorado legislative session
In Colorado criminal law, “Mental capacity” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the Colorado criminal code.
What does “Mental capacity” mean in Colorado criminal law?
"Mental capacity" means a juvenile's capacity to meet all of the following criteria: (a) Appreciate the charges or allegations against the juvenile; (b) Appreciate the nature of the adversarial process, which includes having a factual and rational understanding of the participants in the proceeding and their roles, including the judge, defense counsel, prosecutor, and, if applicable, the guardian ad litem and the jury; (c) Appreciate the range and nature of allowable dispositions that may be imposed by the court; (d) Have the ability to communicate to counsel information known to the juvenile (C.R.S. § 19-2.5-102)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.