HomeMy WebLinkAboutordinance.council.014-76RECORD OF PROCEEDINGS
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ORDINANCE NO. /~
(Series of 1976)
AN ORDINANCE AMENDING THE ASPEN CRIMINAL CODE BY THE ADDITION
OF SECTION 13-10 THERETO; ESTABLISHING THE CRIME OF CRIMINAL
ATTEMPT WHICH OCCURS WHEN A DEFENDANT INTENTIONALLY ENGAGES IN
CONDUCT CONSTITUTING A SUBSTANTIAL STEP TOWARD COM~4ISSION OF
AN OFFENSE; DEFINING WHAT CONSTITUTES A "SUBSTANTIAL STEP";
DECLARING THAT FACTUAL OR LEGAL IMPOSSIBILITY SHALL NOT CON-
STITUTE AN AFFIRMATIVE DEFENSE; MAKING A CRIME THE ATTEMPT TO
ACT AS AN ACCESSORY BEFORE THE FACT; DECLARING ABANDONMENT OF
EFFORT TO COMMIT THE CRIME AN AFFIRMATIVE DEFENSE; AND PROVIDING
THAT VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT
TO EXCEED THREE HUNDRED ($300.00) DOLLARS OR IMPRISONMENT NOT TO
EXCEED NINETY (90) DAYS, OR BOTH SUCH FINE AND IMPRISONMENT
~EREAS, the Aspen City Council is advised that the
City's criminal code as drafted lacks any provision prohibiting
criminal attempt, and the Council wishes to remedy this deficiency,
~OW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the Municipal Code of the City of Aspen, Colorado,
is hereby amended by adding a section which said section reads as
follows:
Section 13-10 Criminal Attempt
(a) A person com~its criminal attempt if, acting
with the kind of cuplability otherwise required
for commission of an offense, he intentionally
engages in conduct constituting a substantial
step toward commission of the offense. A sub-
stantial step is any conduct, whether act, omis-
sion, or possession, ~hich is strongly corroborative
of the firmness of the actor's intent to complete
the commission of the offense. Factual or legal
impossibility of committing the offense is not a
defense if the offense could have been committed
had the attendant circumstances been as the actor
believed them to be, nor is it a defense that the
crime attempted was actually perpetrated by the
accused.
(b) A person who engages in conduct intending to
aid another to commit an offense commits criminal
attempt if the conduct would establish his complic-
ity under Section 13-9(a) were the offense committed
by the other person, even if the other is not guilty
of committing or attempting the offense.
RECORD OF PROCEEDINGS
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(c) It is an affirmative defense to a charge
under this section that the defendant abandoned
his effort to commit the crime or otherwise pre-
vented its commission, under circumstances
manifesting the complete and voluntary renunciation
of his criminal intent.
Section 2
The violation of any provision of Section 13-10 shall
be punishable by a fine of not exceeding Three Hundred ($300.00)
Dollars or imprisonment for a period of not more than ninety (90)
days, or both such fine and imprisonment.
Section 3
~f any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid pro-
visions or applications, and to this end the provisions or applica-
tions of this ordinance are declared to be severable.
Section 4
A public hearing on this ordinance shall be held on
the ~ ~.ay of ~, i976, at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen, colorado.
INTRODUCED, READ AND ORDERED published as provided
by law by the city Council of the City of Aspen, at its regular
ATTEST: STACY/STANDLEY III, ~YOR
(
1976.
RECORD OF* PROCEEDINGS
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STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss. CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen,
Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read in full, and passed on
~_~ reading at a regular meeting of the
City Council of the City of Aspen on ~ ~, ~
197 ~, and published in the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
Colorado, in its issue of ~~d~. // , 197___~,
and was finally adopted and approved at a regular meeting
of the City Council on ~~ c~ , 197
and ordered published as ordinance No. /~/ , Series of
197_~, of said City, as provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand
and the seal of said City of Aspen, Colorado, this'c~/~/
day of , 197__ .
Kath~n S. Hauter
City Clerk