Mental states that determine the degree of guilt or culpability in criminal law are generally classified from highest (most worthy of blame or punishment) to lowest as: (1) intentional; (2) knowing; (3) reckless; and (4) criminal negligence.

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances, as viewed from the accused person’s standpoint at the time of the alleged criminal negligence.

Criminal offenses or crimes often specify the culpable mental state the prosecution is required to prove to convict a defendant of the offense. These culpable mental states are generally defined in the relevant state or federal statutes—usually in the penal or criminal code.

In Colorado, the mental states that determine the degree of guilt or culpability in criminal law are indeed classified as intentional, knowing, reckless, and criminal negligence, aligning with the general principles of criminal law. Intentional acts are those committed with the purpose of causing a particular result, while knowing acts are those where the individual is aware that their conduct is practically certain to cause that result. Reckless behavior involves conscious disregard of a substantial and unjustifiable risk, and criminal negligence refers to failing to perceive such a risk when one should, which marks a gross deviation from the standard of care an ordinary person would exercise. Colorado law requires that for a defendant to be convicted of a crime, the prosecution must prove the defendant acted with one of these culpable mental states if such a state is specified in the statute defining the offense. These definitions and requirements are typically found in the Colorado Revised Statutes, particularly in the sections dealing with criminal offenses.