People v. Gallegos.

2025 CO 41. No. 23SC605. Criminal Law—Felony Murder—Raising the Affirmative Defense to Felony Murder.

June 23, 2025

Participants in certain “predicate” felonies that result in a death may be liable for murder, even if the defendant was not the killer, pursuant to the felony murder statute. The statute includes an affirmative defense, which provides a means by which felony murder defendants who meet certain conditions may avoid murder liability. In this case, the supreme court considered whether felony murder defendants must admit to committing the predicate felony to raise the affirmative defense to felony murder. Because the felony murder statute includes no such requirement, the court held that a defendant need not admit the predicate felony to raise the affirmative defense to felony murder.