Colorado Capital Punishment Laws

In 2020, Colorado became the 22nd state to abolish the death penalty. Before then, Colorado jurors could impose the death penalty in limited circumstances. Today, the most severe punishment jurors can generally impose is life imprisonment without the possibility of parole.

But, Colorado jurors still have a limited ability to impose the death penalty. Jurors may only impose the death sentence if the crime happened before July 1, 2020, and only in the following class 1 felony cases:

• First-degree kidnapping
• Treason
• First-degree murder

Also, prosecutors must establish at least one aggravating factor for the death penalty to apply. The following are examples of aggravating factors:

• The death of a peace officer, firefighter, emergency services provider, judge, elected official, or federal law enforcement agent
• The death of a child under 12
• The use of dynamite or other explosive devices
• Pecuniary (financial) gain
• Especially heinous, cruel, or depraved conduct
• Extreme indifference to human life

This article discusses Colorado's capital punishment laws. It also provides a brief historical background of Colorado death penalty laws and usage.

Capital Punishment Statutes in Colorado: An Overview

The following table outlines Colorado's capital punishment laws. As noted above, jurors may only impose the death penalty if the crime for which they convicted the defendant happened before July 1, 2020.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Historical Background of Colorado Capital Punishment Laws

Colorado has executed a total of 102 people in its history. The first person executed was John Stoefel in 1859. The last person executed was Gary Lee Davis in 1997. Every person placed on death row was a male convicted of murder.

The Death Penalty Information Center notes that the Colorado legislature voted to repeal the death penalty in 1897. But, it reinstated it in 1901. After the U.S. Supreme Court's decision in Furman v. Georgia (1972), which struck down death penalty laws as unconstitutional, Colorado reinstated the death penalty in 1975.

After the Supreme Court reinstated the death penalty, the state of Colorado only executed one person. Between 1975 and 2020, Colorado was widely considered a "de facto" non-capital punishment state.

Two notable cases in the 2000s show the state's unwillingness to impose the death penalty.

James Holmes was sentenced to a life sentence without the possibility of parole following his conviction for killing 12 people in an Aurora movie theatre in 2012. The jury rejected Holmes' insanity defense but declined to impose the death penalty.

A jury also declined to impose the death penalty following the capital trial of Dexter Lewis. Lewis stabbed five people in a Denver bar in 2012. The jury found that the aggravating factors did not outweigh the mitigating factors. Evidence at trial showed Lewis grew up in an abusive home, and the defense introduced evidence showing the long-term effects of child abuse.

In 2020, the Colorado state legislature debated a bill to abolish the state's death penalty. It passed the state's senate in January and the house in February.

In March 2020, Colorado Governor Jared Polis signed the death penalty repeal bill into law. That same day, Polis issued commutations for the state's three death row inmates:

• Nathan Dunlap, who a jury convicted of killing four people in a restaurant. Notably, former Gov. John Hickenlooper had granted an indefinite stay of Dunlap's execution in 2013, which did not amount to clemency.
• Sir Mario Owens killed Javad Marshall-Fields and his fiancee, Vivian Wolfe, in 2008. Marshall-Fields and Wolfe had testified in a murder trial involving Owens.
• Robert Ray ordered Owens to kill Marshall-Fields and Wolfe.

Polis commuted their sentences to life sentences without the possibility of parole.

Related Resources for Colorado Capital Punishment Laws

Consider reading the following articles for more information about the death penalty and Colorado law.

• Capital Punishment and the Death Penalty
• Colorado First-Degree Murder
• Colorado Criminal Statute of Limitations Laws

FindLaw also offers an overview of Colorado's criminal laws and criminal justice system.

Get Legal Help With Your Criminal Case

If you're facing trial for murder or kidnapping in Colorado, it's critical to understand all the rights afforded to you. Consider contacting a criminal defense attorney if you face criminal charges in Colorado.