How have dueling laws evolved in Colorado, especially after 2023 changes, and what are the consequences if a duel results in death?

Question

I'm researching the history of dueling laws in Colorado and how they've evolved, particularly the recent change in 2023 where dueling has been reduced from a felony to a misdemeanor. If two individuals engage in a duel and one is killed, could the survivor still face prosecution for murder? Historically, even when there were no specific laws against dueling in early 1800s America, duelers could be tried for murder, though charges were often dismissed. I understand that in 1994, California repealed its ban against dueling, yet charges could still be filed under criminal threat laws. Currently, in Colorado, dueling is a Class 1 misdemeanor with up to a year in jail. Does this mean if a dueler fatally shoots another, the most they could receive is a year in jail? Additionally, what defenses might an accused dueler use, and how do Colorado's laws compare to those of other states both historically and presently?

James L. Arrasmith · Answer

Colorado dueling laws have evolved significantly, with the most recent change occurring in October 2023 when House Bill 23-1293 reclassified dueling from a Class 4 felony to a Class 1 misdemeanor. According to Colorado Revised Statute 18-13-104, dueling is now defined as "persons who by agreement engage in a fight with deadly weapons, whether in a public or private place," punishable by up to 364 days in jail and/or fines. This reduction from felony to misdemeanor was part of broader criminal justice reforms, but the change doesn't protect duelists from more serious charges if death occurs. 
 
If a duel results in death, the survivor would likely face homicide charges—not simply dueling charges—such as first-degree murder (if premeditated), second-degree murder (knowing conduct practically certain to cause death), or manslaughter (reckless conduct causing death). Even with consent to duel, Colorado homicide laws would supersede the misdemeanor dueling statute, with potential prison sentences ranging from 2-6 years for manslaughter up to life imprisonment for first-degree murder. Possible defenses might include self-defense, mistaken identity, or challenging the evidence gathering procedures, though consent to duel would likely not constitute a valid defense against homicide charges. 
 
Historically, dueling laws varied widely across America, with 18 states outlawing the practice by 1859, though enforcement was often lax, particularly in Southern states where honor culture prevailed. Today, only Texas and Washington have limited "mutual combat" provisions that might permit some form of consensual fighting under strict conditions, but these exclude deadly weapons and serious injury. Unlike the early 1800s when dueling was common among politicians and gentlemen despite being technically illegal in many places, modern American law generally treats deaths from dueling as homicides regardless of consent or adherence to dueling codes.

Q: How have dueling laws evolved in Colorado, especially after 2023 changes, and what are the consequences if a duel results in death?