Offenses - Governmental Operations

C.R.S. tit. 18, art. 8
in effect

C.R.S. § 18-8-101 Definitions

18-8-101. Definitions. As used in this article 8, unless the context otherwise requires: (1) "Government" has the same meaning as described in section 18-1-901 (3)(i). (2) "Governmental function" has the same meaning as described in section 18-1-901 (3)(j). (2.5) "Peace officer" has the same meaning as described in section 16-2.5-101, C.R.S. (3) "Public servant" has the same meaning as described in section 18-1-901 (3)(o). (4) "Shelter-in-place order" means an official order or direction from government officials to the occupants of a building to seek shelter from an external threat in the building or a safe structure.

C.R.S. § 18-8-102 Obstructing government operations

18-8-102. Obstructing government operations. (1) A person commits obstructing government operations if he intentionally obstructs, impairs, or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical interference or obstacle. (2) It shall be an affirmative defense that: (a) The obstruction, impairment, or hindrance was of unlawful action by a public servant; or (b) The obstruction, impairment, or hindrance was of the making of an arrest; or (c) The obstruction, impairment, or hindrance of a governmental function was by lawful activities in connection with a labor dispute with the government. (3) Obstructing government operations is a class 2 misdemeanor.

C.R.S. § 18-8-103 Resisting arrest

18-8-103. Resisting arrest. (1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by: (a) Using or threatening to use physical force or violence against the peace officer or another; or (b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another. (2) It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of his official authority" when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him. (3) The term "peace officer" as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted. (4) Resisting arrest is a class 2 misdemeanor.

C.R.S. § 18-8-104 Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer

18-8-104. Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer. (1) (a) A person commits obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident. (b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal. (1.5) A person shall not be charged with the offense described in subsection (1) of this section because the person remained silent or because the person stated a verbal opposition to an order by a government official. (2) It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he or she was acting under color of his or her official authority. A peace officer acts "under color of his or her official authority" if, in the regular course of assigned duties, he or she makes a judgment in good faith based on surrounding facts and circumstances that he or she must act to enforce the law or preserve the peace. (2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threatening to use an unmanned aircraft system as an obstacle, the offense does not apply if the person who operates the unmanned aircraft system: (a) Obtains permission to operate the unmanned aircraft system from a law enforcement agency or other entity that is coordinating the response of peace officers, firefighters, emergency medical service providers, rescue specialists, or volunteers to an emergency or accident; (b) Continues to communicate with such entity during the operation of the unmanned aircraft system; and (c) Complies immediately with any instructions from the entity concerning the operation of the unmanned aircraft system. (3) Repealed. (4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor. (5) For purposes of this section, unless the context otherwise requires: (a) "Emergency medical service provider" means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider. (b) "Obstacle" includes an unmanned aircraft system. (c) "Rescue specialist" means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.

C.R.S. § 18-8-105 Accessory to crime

18-8-105. Accessory to crime. (1) A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person. (2) "Render assistance" means to: (a) Harbor or conceal the other; or (a.5) Harbor or conceal the victim or a witness to the crime; or (b) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or (c) Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or (d) By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or (e) Conceal, destroy, or alter any physical or testimonial evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person. (3) Being an accessory to crime is a class 4 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, and if that crime is designated by this code as a class 1 or class 2 felony. (4) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted is suspected of or wanted for a crime, and if that crime is designated by this code as a class 1 or class 2 felony. (5) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a felony other than a class 1 or class 2 felony; except that being an accessory to a class 6 felony is a class 6 felony. (6) Being an accessory to crime is a petty offense if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a misdemeanor of any class.

C.R.S. § 18-8-106 Refusal to permit inspections

18-8-106. Refusal to permit inspections. (1) A person commits a civil infraction if, knowing that a public servant is legally authorized to inspect property: (a) He refuses to produce or make available the property for inspection at a reasonable hour; or (b) If the property is available for inspection he refuses to permit the inspection at a reasonable hour. (2) For purposes of this section, "property" means any real or personal property, including books, records, and documents which are owned, possessed, or otherwise subject to the control of the defendant. A "legally authorized inspection" means any lawful search, sampling, testing, or other examination of property, in connection with the regulation of a business or occupation, that is authorized by statute or lawful regulatory provision.

C.R.S. § 18-8-107 Refusing to aid a peace officer - repeal

18-8-107. Refusing to aid a peace officer - repeal. (Repealed)

C.R.S. § 18-8-108 Compounding

18-8-108. Compounding. (1) A person commits compounding if he accepts or agrees to accept any pecuniary benefit as consideration for: (a) Refraining from seeking prosecution of an offender; or (b) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime. (2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime. (3) Compounding is a class 2 misdemeanor.

C.R.S. § 18-8-109 Concealing death

18-8-109. Concealing death. Any person who conceals the death of another person and thereby prevents a determination of the cause or circumstances of death commits a class 1 misdemeanor. For the purpose of this section only, "another person" includes a fetus born dead.

C.R.S. § 18-8-110 False report of explosives, weapons, or harmful substances

18-8-110. False report of explosives, weapons, or harmful substances. (1) Any person who reports to any other person that a bomb or other explosive, any chemical or biological agent, any poison or weapon, or any harmful radioactive substance has been placed in any public or private place or vehicle designed for the transportation of persons or property, knowing that the report is false, commits a class 5 felony. (2) Any person who reports to any other person that there is a mass shooting or an active shooter in a public or private place or vehicle designed for the transportation of persons or property, knowing that the report is false, causing the occupants of a building, place of assembly, or facility of public transportation to be evacuated or to be issued a shelter-in-place order; causing any disruptions or impacts to regular activities; or resulting in the initiation of a standard response protocol in response to the false report, commits a class 6 felony.

C.R.S. § 18-8-111 False reporting to authorities - false reporting of an emergency - definition

18-8-111. False reporting to authorities - false reporting of an emergency - definition. (1) (a) A person commits false reporting to authorities if: (I) He or she knowingly: (A) Causes by any means, including but not limited to activation, a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property; or (B) Prevents by any means, including but not limited to deactivation, a legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property; or (II) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; or (III) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or (IV) Repealed. (b) False reporting to authorities is a class 2 misdemeanor. (c) Repealed. (2) (a) A person commits false reporting of an emergency if he or she knowingly commits an act in violation of subsection (1) of this section that includes a knowing false report of an imminent threat to the safety of a person or persons by use of a deadly weapon. (b) (I) Except as otherwise provided in this subsection (2)(b), false reporting of an emergency is a class 2 misdemeanor. (II) False reporting of an emergency is a class 1 misdemeanor, if: (A) The threat causes the occupants of a building, place of assembly, or facility of public transportation to be evacuated or to be issued a shelter-in-place order, the threat causes any disruptions or impacts to regular activities, or the threat results in the initiation of a standard response protocol in response to the false report; or (B) The emergency response results in bodily injury of another person. (III) False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person. (IV) False reporting of an emergency is a class 3 felony if the emergency response results in the death of another person. (c) Upon a conviction pursuant to this subsection (2), in addition to any other sentence imposed or restitution ordered, the court shall sentence the defendant to pay restitution in an amount equal to the cost of any emergency response or evacuation, including but not limited to fire and police response, emergency medical service or emergency preparedness response, and transportation of any individual from the building, place of assembly, or facility of public transportation. (d) It is not a defense to a prosecution pursuant to this subsection (2) that the defendant or another person did not have the intent or capability of committing the threatened or reported act. (3) For purposes of subsections (1) and (2) of this section, the offense is committed and the defendant may be tried in the county where the defendant made the report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report. (4) A violation of this section does not preclude a conviction for a violation of any other criminal offense.

C.R.S. § 18-8-111.5 False reporting of identifying information to law enforcement authorities - definition

18-8-111.5. False reporting of identifying information to law enforcement authorities - definition. (1) A person commits false reporting of identifying information if the person knowingly provides false identifying information to law enforcement authorities. (2) False reporting of identifying information is a class 2 misdemeanor; except that it is a class 6 felony if providing the false identifying information results in substantially impeding the investigation or arrest of a person for the commission of a crime as defined in section 24-4.1-302 (1) that is a felony. (3) As used in this section, "identifying information" means a person's name, address, birth date, social security number, or driver's license or Colorado identification number.

C.R.S. § 18-8-112 Impersonating a peace officer

18-8-112. Impersonating a peace officer. (1) A person who falsely pretends to be a peace officer and performs an act in that pretended capacity commits impersonating a peace officer. (2) Impersonating a peace officer is a class 5 felony.

C.R.S. § 18-8-113 Impersonating a public servant

18-8-113. Impersonating a public servant. (1) A person commits impersonating a public servant if he falsely pretends to be a public servant other than a peace officer and performs any act in that pretended capacity. (2) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist. (3) Impersonating a public servant is a class 2 misdemeanor.

C.R.S. § 18-8-114 Abuse of public records

18-8-114. Abuse of public records. (1) A person commits a class 2 misdemeanor if: (a) The person knowingly makes a false entry in or falsely alters any public record; or (b) Knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs the availability of any public record; or (c) Knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person's possession upon proper request of any person lawfully entitled to receive such record; or (d) Knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record. (2) As used in this section, the term "public record" includes all official books, papers, or records created, received, or used by or in any governmental office or agency.

C.R.S. § 18-8-115 Duty to report a crime - liability for disclosure

18-8-115. Duty to report a crime - liability for disclosure. It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities. Notwithstanding any other provision of the law to the contrary, a corporation or person may disclose information concerning a suspected crime to other persons or corporations for the purpose of giving notice of the possibility that other such criminal conduct may be attempted which may affect the persons or corporations notified. When acting in good faith, such corporation or person shall be immune from any civil liability for such reporting or disclosure. This duty shall exist notwithstanding any other provision of the law to the contrary; except that this section shall not require disclosure of any communication privileged by law.

C.R.S. § 18-8-116 Disarming a peace officer

18-8-116. Disarming a peace officer. (1) A person commits disarming a peace officer if he or she knowingly, without justification and without consent, removes the firearm or self-defense electronic control device, direct-contact stun device, or other similar device of a peace officer who is acting under color of his or her official authority. (2) Disarming a peace officer is a class 5 felony. (3) The term "peace officer" as used in this section means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person.

C.R.S. § 18-8-117 Unlawful sale of publicly provided services or appointments - definitions

18-8-117. Unlawful sale of publicly provided services or appointments - definitions. (1) A person commits an unlawful sale of public services if the person does any of the following with respect to a government service or an appointment to receive a government service and if a government entity makes the service or appointment publicly available without charge: (a) The person reserves or obtains the service or appointment, and the person sells the service or appointment; (b) The person reserves or obtains, with the intent to sell, the service or appointment; (c) The person reserves or obtains the service or appointment, and the person appends the service or appointment to another good or service the person offers for sale; or (d) The person falsely represents to the potential customer that the person has obtained or secured the service or appointment, and the person attempts to sell the service or appointment. (2) This section does not apply when the person: (a) Has consent from the government entity to sell the specific service or appointment obtained or reserved; or (b) Is obtaining and selling or offering to sell only information. (3) Unlawful sale of public services is a class 2 misdemeanor, as defined in section 18-1.3-501. (4) As used in this section, "government entity" means the state of Colorado, a political subdivision of Colorado, or an agency of either the state of Colorado or a political subdivision of Colorado.

C.R.S. § 18-8-118 Unlawful affiliation with a public safety radio network - penalty - definitions

18-8-118. Unlawful affiliation with a public safety radio network - penalty - definitions. (1) (a) A person who knowingly affiliates with a public safety radio network without authorization from the network's authorizing entity commits unlawful affiliation with a public safety radio network. (b) Unlawful affiliation with a public safety radio network is a class 2 misdemeanor. (2) As used in this section, unless the context otherwise requires: (a) "Affiliate" means transmitting or receiving a signal on a radio network, including through the use of cloning equipment. "Affiliate" does not include listening to radio network communications by use of a passive listening device, including a scanner, that does not transmit a signal to the public safety radio network. (b) "Authorizing entity" means a state or local department, agency, or other entity that can authorize affiliation with a public safety radio network. (c) "Cloning equipment" means any instrument, apparatus, equipment, computer hardware, computer software, operating procedure or code, or device, whether used separately or in combination, that is designed or adapted and is used, is intended to be used, or is capable of being used to transmit or receive signals on a public safety radio network without authorization from an authorizing entity. (d) "Public safety agency" has the same meaning as set forth in section 24-32-3501. (e) "Public safety radio network" means a public safety communication system that facilitates communication between public safety agencies and that is operated by the department of public safety or a local government. "Public safety radio network" includes a radio frequency, radio channel, or radio talk-group that is used by a public safety agency.

C.R.S. § 18-8-201 Aiding escape

18-8-201. Aiding escape. (1) Any person who knowingly aids, abets, or assists another person to escape or attempt to escape from custody or confinement commits the offense of aiding escape. (2) "Escape" is deemed to be a continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the attempt to escape is thwarted or abandoned. (3) "Assist" includes any activity characterized as "rendering assistance" in section 18-8-105. (4) Aiding escape is a class 2 felony if the person aided was in custody or confinement as a result of conviction of a class 1 or class 2 felony. (5) Aiding escape is a class 3 felony if the person aided was in custody or confinement and charged with or held for any felony or convicted of any felony other than a class 1 or class 2 felony. (6) Aiding escape is a class 2 misdemeanor if the person aided was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.

C.R.S. § 18-8-201.1 Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders

18-8-201.1. Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders. Any person who knowingly aids the escape of a person who is an inmate of an institution for the care and treatment of persons with behavioral or mental health disorders and who knows the person aided is confined in such institution pursuant to a commitment pursuant to article 8 of title 16 commits the offense of aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders, which is a class 5 felony.

C.R.S. § 18-8-202 Inducing prisoners to absent selves - repeal

18-8-202. Inducing prisoners to absent selves - repeal. (Repealed)

C.R.S. § 18-8-203 Introducing contraband in the first degree

18-8-203. Introducing contraband in the first degree. (1) A person commits introducing contraband in the first degree if he or she knowingly and unlawfully: (a) Introduces or attempts to introduce a dangerous instrument into a detention facility or at any location where an inmate is or is likely to be located, while the inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole; or (b) Being a person confined in a detention facility, makes any dangerous instrument. (2) Introducing contraband in the first degree is a class 4 felony. (3) "Detention facility" means any building, structure, enclosure, vehicle, institution, work site, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the jurisdiction of the department of corrections or under the authority of the United States, the state of Colorado, or any political subdivision of the state of Colorado. (4) "Dangerous instrument" as used in this section and in section 18-8-204.1, means a firearm, explosive device or substance (including ammunition), knife or sharpened instrument, poison, acid, bludgeon, or projective device, or any other device, instrument, material, or substance which is readily capable of causing or inducing fear of death or bodily injury, the use of which is not specifically authorized.

C.R.S. § 18-8-204 Introducing contraband in the second degree - definition

18-8-204. Introducing contraband in the second degree - definition. (1) A person commits introducing contraband in the second degree if he or she knowingly and unlawfully: (a) Introduces or attempts to introduce contraband into a detention facility; or (b) Being a person confined in a detention facility, makes any contraband, as defined in subsection (2) of this section. (1.5) A person confined in a detention facility commits introducing contraband in the second degree if he or she knowingly and unlawfully introduces or attempts to introduce contraband into a detention facility or at any location where an inmate is likely to be located, while such inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole. (2) As used in this section, "contraband" means any of the following, but does not include any article or thing referred to in section 18-8-203: (a) Any key, key pattern, key replica, or lock pick; (b) Any tool or instrument that could be used to cut fence or wire, dig, pry, or file; (c) Any money or coin of United States or foreign currency or any written instrument of value; (d) Any uncancelled postage stamp or implement of the United States postal service; (e) Any counterfeit or forged identification card; (f) Any combustible material other than safety matches; (g) Any drug, other than a controlled substance as defined in section 18-18-102 (5), in quantities other than those authorized by a physician; (h) Any mask, wig, disguise, or other means of altering normal physical appearance which could hinder ready identification; (i) Any drug paraphernalia as defined in section 18-18-426; (j) Any material which is "obscene" as defined in section 18-7-101; (k) Any chain, rope, or ladder; (l) Any article or thing that poses or may pose a threat to the security of the detention facility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband; (m) For purposes of a facility of the department of corrections or any private contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (14); (n) Any portable electronic communication device, including but not limited to cellular telephones; cloned cellular telephones as defined in section 18-9-309; public, private, or family-style radios; pagers; personal digital assistants; any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services; and portable computers; except those devices authorized by the executive director of the department of corrections or his or her designee; (o) A controlled substance, as defined in section 18-18-102 (5); (p) Malt liquors, vinous liquors, or spirituous liquors, as those terms are defined in section 44-3-103, or fermented malt beverage, as defined in section 44-4-103; or (q) Marijuana or marijuana concentrate, as those terms are defined in section 27-80-203 (15) and (16). (3) (a) Introducing contraband in the second degree that involves contraband described in subsection (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) of this section is a class 6 felony. (b) Introducing contraband in the second degree that involves contraband described in subsection (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) of this section is a class 2 misdemeanor.

C.R.S. § 18-8-204.1 Possession of contraband in the first degree

18-8-204.1. Possession of contraband in the first degree. (1) A person being confined in a detention facility commits the crime of possession of contraband in the first degree if the person knowingly obtains or has in the person's possession contraband as listed in section 18-8-203 (1)(a). (2) Repealed. (3) Possession of contraband in the first degree involving a dangerous instrument is a class 4 felony.

C.R.S. § 18-8-204.2 Possession of contraband in the second degree

18-8-204.2. Possession of contraband in the second degree. (1) A person being confined in a detention facility commits the crime of possession of contraband in the second degree if he knowingly obtains or has in his possession contraband as defined in section 18-8-204 (2) unless possession is authorized by rule or regulation promulgated by the administrative head of the detention facility. (2) (a) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) is a class 6 felony. (b) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) is a class 2 misdemeanor.

C.R.S. § 18-8-205 Aiding escape from civil process - repeal

18-8-205. Aiding escape from civil process - repeal. (Repealed)

C.R.S. § 18-8-206 Assault during escape

18-8-206. Assault during escape. (1) Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury upon the person of another with a deadly weapon, or by any means of force likely to produce serious bodily injury, commits: (a) A class 1 felony, if the person has been convicted of a class 1 felony; or (b) A class 2 felony, if the person has been convicted of a felony other than a class 1 felony; or (c) A class 3 felony, if the person was in custody or confinement and held for or charged with but not convicted of a felony; or (d) A class 3 felony, if the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.

C.R.S. § 18-8-207 Holding hostages

18-8-207. Holding hostages. Any person in lawful custody or confinement within the state who, while escaping or attempting to escape, holds as hostage any person or by force or threat of force holds any person against his will commits a class 2 felony.

C.R.S. § 18-8-208 Escapes

18-8-208. Escapes. (1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement. (2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement. (3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement. (4) A person commits a class 2 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement. (4.5) A person commits a class 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility. (5) A person commits a petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement. (6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16: (a) Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed; (b) Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado; (c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado. (7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement. (8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S. (9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section. (10) Repealed. (11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.

C.R.S. § 18-8-208.1 Attempt to escape

18-8-208.1. Attempt to escape. (1) Except as otherwise provided in subsection (1.5) of this section, if a person, while in custody or confinement following conviction of a felony, knowingly attempts to escape from said custody or confinement, he or she commits a class 4 felony. The sentence imposed pursuant to this subsection (1) shall run consecutively with any sentences being served by the offender. (1.5) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program, or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section. (2) If a person, while in custody or confinement and held for or charged with but not convicted of a felony, knowingly attempts to escape from said custody or confinement, he commits a class 5 felony. If the person is convicted of the felony or other crime for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (2) shall run consecutively with any sentences being served by the offender. (3) If a person, while in custody or confinement following conviction of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, the person commits a class 2 misdemeanor. The sentence imposed pursuant to this subsection (3) shall run consecutively with any sentences being served by the offender. (4) If a person, while in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, he is guilty of a petty offense and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than two months nor more than four months. If the person is convicted of the misdemeanor or petty offense for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (4) shall run consecutively with any sentences being served by the offender. (5) The sentences imposed by subsections (1), (1.5), and (2) of this section and the minimum sentences imposed by subsections (3) and (4) of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. (6) Repealed. (7) A person held in a staff secure facility, as defined in section 19-2.5-102, is deemed in custody or confinement for purposes of this section.

C.R.S. § 18-8-208.2 Unauthorized absence

18-8-208.2. Unauthorized absence. (1) A person who is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301; transitioning from the department of corrections to a community corrections program or placed in an intensive supervision program pursuant to section 17-27.5-101; participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program, or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3); transitioning from the department of human services to a residential facility or program pursuant to section 16-8-115 or 16-8-118; or is housed in a staff secure facility as defined in section 19-2.5-102 commits the crime of unauthorized absence if the person knowingly: (a) Leaves or fails to return to his or her residential or facility location without permission of the supervising agency and in violation of the terms and conditions of supervision; or (b) Removes or tampers with an electronic monitoring device required by the supervising agency to be worn by the person in order to monitor his or her location, without permission and with the intent to avoid arrest, prosecution, monitoring, or other legal process. (2) (a) If a person commits unauthorized absence for a crime listed in section 24-4.1-302 (1) or a crime of violence as described in section 18-1.3-406, unauthorized absence is a class 6 felony and an attempt thereof is a class 6 felony. (b) If a person commits unauthorized absence for a crime other than the crimes listed in section 24-4.1-302 (1) and the crime is not a crime of violence as described in section 18-1.3-406, unauthorized absence is a class 2 misdemeanor and an attempt thereof is a class 2 misdemeanor. (c) A person who knowingly violates a permanent or temporary protection order issued pursuant to section 18-1-1001 (1), 13-14-103, 13-14-104.5, or 13-14-106 during the commission of unauthorized absence commits a class 3 felony. (3) If a parolee placed in a community corrections or in an intensive supervision program pursuant to section 17-27.5-101 has an unauthorized absence, the department of corrections shall notify the appropriate community reentry program described in section 17-33-101 (7)(a) and provide contact information for the purposes of assisting the person to reengage with supervision.

C.R.S. § 18-8-209 Concurrent and consecutive sentences

18-8-209. Concurrent and consecutive sentences. (1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections. (2) If an offender was serving a direct sentence to a community corrections program pursuant to section 18-1.3-301 or was in an intensive supervision parole program pursuant to section 17-27.5-101, C.R.S., at the time he or she committed an offense specified in section 18-8-201 or 18-8-208, the sentence imposed following a conviction of said offense may run concurrently with any sentence the offender was serving at the time he or she committed said offense.

C.R.S. § 18-8-210 Persons in custody or confinement for unclassified offenses - repeal

18-8-210. Persons in custody or confinement for unclassified offenses - repeal. (Repealed)

C.R.S. § 18-8-210.1 Persons in custody or confinement - juvenile offenders

18-8-210.1. Persons in custody or confinement - juvenile offenders. For the purposes of this part 2, any reference to custody, confinement, charged with, held for, convicted of, a felony, misdemeanor, or petty offense includes a juvenile who is detained or committed for the commission of an act that would constitute such a felony, misdemeanor, or petty offense if committed by an adult or who is the subject of a petition filed pursuant to article 2.5 of title 19 alleging the commission of such a delinquent act or a juvenile who has been adjudicated a juvenile delinquent pursuant to article 2.5 of title 19 for an act that would constitute a felony, misdemeanor, or petty offense if committed by an adult.

C.R.S. § 18-8-210.2 Persons in custody or confinement

18-8-210.2. Persons in custody or confinement. For the purposes of this part 2, any reference to custody, confinement, charged with, held for, or convicted of, a felony, misdemeanor, or petty offense shall be deemed to include any felony, misdemeanor, or petty offense under the laws of this state and any felony, misdemeanor, or petty offense having similar elements under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States.

C.R.S. § 18-8-211 Riots in detention facilities

18-8-211. Riots in detention facilities. (1) A person confined in any detention facility within the state commits active participation in a riot when he, with two or more other persons, actively participates in violent conduct that creates grave danger of, or does cause, damage to property or injury to persons and substantially obstructs the performance of institutional functions, or commands, induces, entreats, or otherwise attempts to persuade others to engage in such conduct. (2) Active participation in a riot by any person while confined in any detention facility within the state: (a) Is a class 3 felony if the participant employs in the course of such participation a deadly weapon, as defined in section 18-1-901 (3)(e), destructive device, as defined in section 18-9-101 (1), or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if the participant, in the course of such participation, represents verbally or otherwise that he or she is armed with a deadly weapon; or (b) Is a class 4 felony if the participant does not employ any such weapon or device in the course of such participation. (3) A person confined in any detention facility in this state commits a class 5 felony if, during a riot or when a riot is impending, he intentionally disobeys an order of a detention officer to move, disperse, or refrain from specified activities in the immediate vicinity of the riot or impending riot. (4) "Detention facility", as used in this section, means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

C.R.S. § 18-8-212 Violation of bail bond conditions

18-8-212. Violation of bail bond conditions. (1) A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution. (2) A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court. (3) The court shall sentence any person who is convicted of a misdemeanor offense in violation of section 18-6-803.5, or a felony offense in violation of section 18-8-704, 18-8-705, 18-8-706, or 18-8-707, involving a victim or witness in the underlying offense while on bond in the underlying case to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. The court shall order the sentence to be served consecutively with any sentence for the offense on which the person is on bail if the underlying sentence is a sentence to incarceration. (3.5) A person who is on bond for a sex offense as defined in section 18-1.3-1003 who is convicted under this section for a bond violation shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail. (4) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state. (5) A violation of bond appearance conditions shall not be brought against any person subject to the provisions of section 16-4-113 (2).

C.R.S. § 18-8-213 Unauthorized residency by an adult offender from another state

18-8-213. Unauthorized residency by an adult offender from another state. (1) A person commits the crime of unauthorized residency by an adult offender if the person, in order to stay in the state, is required to have the permission of the compact administrator or a designated deputy of the compact administrator of the interstate compact for adult offender supervision established pursuant to part 28 of article 60 of title 24, C.R.S., and the person: (a) Is not a resident of this state, has not been accepted by the compact administrator of the interstate compact for adult offender supervision established pursuant to part 28 of article 60 of title 24, C.R.S., and is found residing in this state; or (b) Is a resident of this state, has not been accepted by the compact administrator of the interstate compact for adult offender supervision established pursuant to part 28 of article 60 of title 24, C.R.S., and is found residing in this state more than ninety days after his or her transfer from the receiving state. (2) Unauthorized residency by a parolee or probationer is a class 5 felony.

C.R.S. § 18-8-301 Definitions

18-8-301. Definitions. The definitions contained in section 18-8-101 are applicable to this part 3, unless the context otherwise requires, and, in addition to those definitions: (1) "Benefit" means any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary. (2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment, or otherwise. (3) "Pecuniary benefit" is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain. (4) "Public servant", as used in sections 18-8-302 to 18-8-308, includes persons who presently occupy the position of a public servant as defined in section 18-8-101 (3) or have been elected, appointed, or designated to become a public servant although not yet occupying that position.

C.R.S. § 18-8-302 Bribery

18-8-302. Bribery. (1) A person commits the crime of bribery, if: (a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity; or (b) While a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced. (2) It is no defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason. (3) Bribery is a class 3 felony.

C.R.S. § 18-8-303 Compensation for past official behavior

18-8-303. Compensation for past official behavior. (1) A person commits a class 4 felony if the person: (a) Solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having, as a public servant, given a decision, opinion, recommendation, or vote favorable to another or for having otherwise exercised a discretion in his favor, whether or not he has in so doing violated his duty; or (b) Offers, confers, or agrees to confer compensation, acceptance of which is prohibited by this section.

C.R.S. § 18-8-304 Soliciting unlawful compensation

18-8-304. Soliciting unlawful compensation. A public servant commits a class 1 misdemeanor if the public servant requests a pecuniary benefit for the performance of an official action knowing that the public servant was required to perform that action without compensation or at a level of compensation lower than that requested.

C.R.S. § 18-8-305 Trading in public office

18-8-305. Trading in public office. (1) A person commits trading in public office if: (a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant or party officer upon an agreement or understanding that he or a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office; or (b) While a public servant or party officer, he solicits, accepts, or agrees to accept any pecuniary benefit from another upon an agreement or understanding that a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office. (2) It shall be an affirmative defense that the pecuniary benefit was a customary contribution to political campaign funds solicited and received by lawfully constituted political parties. (3) Trading in public office is a class 1 misdemeanor.

C.R.S. § 18-8-306 Attempt to influence a public servant

18-8-306. Attempt to influence a public servant. Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by the public servant or the agency or body of which the public servant is a member, commits a class 4 felony. A violation of this section does not include providing false identifying information to law enforcement authorities pursuant to section 18-8-111.5, and a person who commits the offense of providing false identifying information to law enforcement authorities shall not be convicted for a violation of this section.

C.R.S. § 18-8-307 Designation of supplier prohibited

18-8-307. Designation of supplier prohibited. (1) No public servant shall require or direct a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with any government. (2) Any provision in invitations to bid or any contract documents prohibited by this section are against public policy and void. (3) It shall be an affirmative defense that the defendant was a public servant acting within the scope of his authority exercising the right to reject any material, subcontractor, service, bond, or contract tendered by a bidder or contractor because it does not meet bona fide specifications or requirements relating to quality, availability, form, experience, or financial responsibility. (4) Any public servant who violates the provisions of subsection (1) of this section commits a class 5 felony.

C.R.S. § 18-8-308 Failing to disclose a conflict of interest

18-8-308. Failing to disclose a conflict of interest. (1) A public servant commits failing to disclose a conflict of interest if he exercises any substantial discretionary function in connection with a government contract, purchase, payment, or other pecuniary transaction without having given seventy-two hours' actual advance written notice to the secretary of state and to the governing body of the government which employs the public servant of the existence of a known potential conflicting interest of the public servant in the transaction with reference to which he is about to act in his official capacity. (2) A "potential conflicting interest" exists when the public servant is a director, president, general manager, or similar executive officer or owns or controls directly or indirectly a substantial interest in any nongovernmental entity participating in the transaction. (3) Failing to disclose a conflict of interest is a class 2 misdemeanor.

C.R.S. § 18-8-401 Definitions

18-8-401. Definitions. The definitions contained in sections 18-8-101 and 18-8-301 are applicable to this part 4, unless a different meaning is plainly required.

C.R.S. § 18-8-402 Misuse of official information

18-8-402. Misuse of official information. (1) Any public servant, in contemplation of official action by himself or by a governmental unit with which he is associated or in reliance on information to which he has access in his official capacity and which has not been made public, commits misuse of official information if he: (a) Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or (b) Speculates or wagers on the basis of such information or official action; or (c) Aids, advises, or encourages another to do any of the foregoing with intent to confer on any person a special pecuniary benefit. (2) Misuse of official information is a class 5 felony.

C.R.S. § 18-8-403 Official oppression

18-8-403. Official oppression. (1) A public servant, while acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, commits official oppression if, with actual knowledge that his conduct is illegal, he: (a) Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, or lien; or (b) Has legal authority and jurisdiction of any person legally restrained of his liberty and denies the person restrained the reasonable opportunity to consult in private with a licensed attorney-at-law, if there is no danger of imminent escape and the person in custody expresses a desire to consult with such attorney. (2) Official oppression is a class 1 misdemeanor.

C.R.S. § 18-8-404 First degree official misconduct

18-8-404. First degree official misconduct. (1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly: (a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or (b) Refrains from performing a duty imposed upon him by law; or (c) Violates any statute or lawfully adopted rule or regulation relating to his office. (2) First degree official misconduct is a class 1 misdemeanor.

C.R.S. § 18-8-405 Second degree official misconduct

18-8-405. Second degree official misconduct. (1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously: (a) Refrains from performing a duty imposed upon him by law; or (b) Violates any statute or lawfully adopted rule or regulation relating to his office. (2) Second degree official misconduct is a petty offense.

C.R.S. § 18-8-406 Issuing a false certificate

18-8-406. Issuing a false certificate. A person commits a class 6 felony, if, being a public servant authorized by law to make and issue official certificates or other official written instruments, he makes and issues such an instrument containing a statement which he knows to be false.

C.R.S. § 18-8-407 Embezzlement of public property

18-8-407. Embezzlement of public property. (1) Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property of the state or of any political subdivision of the state, and who knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by law is guilty of embezzlement of public property. Every person convicted under the provisions of this section shall be forever thereafter ineligible and disqualified from being a member of the general assembly of this state or from holding any office of trust or profit in this state. (2) Embezzlement of public property is a class 5 felony.

C.R.S. § 18-8-408 Designation of insurer prohibited

18-8-408. Designation of insurer prohibited. (1) No public servant shall, directly or indirectly, require or direct a bidder on any public building or construction contract which is about to be or has been competitively bid to obtain from a particular insurer, agent, or broker any surety bond or contract of insurance required in such bid or contract or required by any law, ordinance, or regulation. (2) Any such public servant who violates any of the provisions of subsection (1) of this section commits a civil infraction. (3) Any provisions in invitations to bid or in any contract documents prohibited by this section are declared void as against the public policy of this state. (4) Nothing in this section shall be construed to prevent any such public servant acting on behalf of the government from exercising the right to approve or reject a surety bond or contract of insurance as to its form or sufficiency or the lack of financial capability of an insurer selected by a bidder. (5) This section shall apply only to contracts entered into on or after July 1, 1977.

C.R.S. § 18-8-409 Violation of rules and regulations of judicial nominating commissions not subject to criminal prosecution

18-8-409. Violation of rules and regulations of judicial nominating commissions not subject to criminal prosecution. A person who violates a rule or regulation promulgated by any judicial nominating commission shall not be subject to criminal prosecution.

C.R.S. § 18-8-410 Abuse of public trust by an educator - definitions

18-8-410. Abuse of public trust by an educator - definitions. (1) Any educator who knowingly subjects a student to any sexual intrusion or sexual penetration commits abuse of public trust by an educator if the student is at least eighteen years of age and the educator is more than four years older than the student and is not the student's spouse. (2) Abuse of public trust by an educator is a class 1 misdemeanor. (3) Consent by the student to the sexual intrusion or sexual penetration does not constitute a defense to the offense. (4) As used in this section, unless the context otherwise requires: (a) "Consent" has the same meaning as set forth in section 18-3-401 (1.5). (b) (I) "Educator" means a person employed at the same school the student attends at the time of the sexual contact and who: (A) Instructs students at that school; (B) Administers, directs, or supervises the educational instruction program or a portion thereof; (C) Provides health or educational support services directly to students of the school; or (D) Coaches students of the school. (II) "Educator" does not include another student at the school where the educator is employed. (c) "School" means any institution that instructs persons in any of grades preschool through twelve but does not include any postsecondary school. (d) "Sexual intrusion" has the same meaning as set forth in section 18-3-401 (5). (e) "Sexual penetration" has the same meaning as set forth in section 18-3-401 (6). (f) "Student" means any person enrolled in a school where the educator is employed at the time of the incident, but does not include another student. (5) Schools shall advise all educators of the prohibitions in this section.

C.R.S. § 18-8-501 Definitions

18-8-501. Definitions. The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions: (1) "Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function. (2) (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if: (I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or (II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or (III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; or (IV) The statement meets the requirements for an unsworn declaration under the "Uniform Unsworn Declarations Act", article 27 of title 13. (b) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision. (3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.

C.R.S. § 18-8-502 Perjury in the first degree

18-8-502. Perjury in the first degree. (1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law. (2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence. (3) Perjury in the first degree is a class 4 felony.

C.R.S. § 18-8-503 Perjury in the second degree

18-8-503. Perjury in the second degree. (1) A person commits perjury in the second degree if, other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law. (2) Perjury in the second degree is a class 2 misdemeanor.

C.R.S. § 18-8-503.5 Perjury on a motor vehicle registration application

18-8-503.5. Perjury on a motor vehicle registration application. (Repealed)

C.R.S. § 18-8-504 False swearing

18-8-504. False swearing. (1) A person commits false swearing if he knowingly makes a materially false statement, other than those prohibited by sections 18-8-502 and 18-8-503, which he does not believe to be true, under an oath required or authorized by law. (2) False swearing is a petty offense.

C.R.S. § 18-8-505 Perjury or false swearing - inconsistent statements

18-8-505. Perjury or false swearing - inconsistent statements. (1) Where a person charged with perjury or false swearing has made inconsistent material statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other statement was false and not believed by the defendant to be true. (2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If the assumption establishes perjury of different degrees, the person may be convicted of the lesser degree at most. If perjury or false swearing is established by the making of the two statements, the person may be convicted of false swearing at the most.

C.R.S. § 18-8-506 Perjury and false swearing - proof

18-8-506. Perjury and false swearing - proof. In any prosecution for perjury or false swearing, except a prosecution based upon inconsistent statements pursuant to section 18-8-505, falsity of a statement may not be established solely through contradiction by the uncorroborated testimony of a single witness.

C.R.S. § 18-8-507 Perjury and false swearing - previous criminal action

18-8-507. Perjury and false swearing - previous criminal action. No prosecution may be brought under section 18-8-502, 18-8-503, or 18-8-504 if the substance of the defendant's false statement is the entry of a plea of not guilty in a previous criminal action in which he or she was accused of an offense.

C.R.S. § 18-8-508 Perjury - retraction

18-8-508. Perjury - retraction. No person shall be convicted of perjury in the first degree if he retracted his false statement in the course of the same proceeding in which it was made. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. Retraction is an affirmative defense.

C.R.S. § 18-8-509 Perjury and false swearing - irregularities no defense

18-8-509. Perjury and false swearing - irregularities no defense. (1) It is no defense to a prosecution under sections 18-8-502 to 18-8-504 that: (a) The defendant was not competent, for reasons other than mental disability or immaturity, to make the false statement alleged; (b) The statement was inadmissible under the law of evidence; (c) The oath was administered or taken in an irregular manner; or (d) The person administering the oath lacked authority to do so, if the taking of the oath was required by law.

C.R.S. § 18-8-601 Definitions

18-8-601. Definitions. The definitions contained in sections 18-8-101, 18-8-301, and 18-8-501 are applicable to the provisions of this part 6, and, in addition to those definitions: (1) "Juror" means any person who is a member of any jury or grand jury impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term "juror" also includes any person who has been drawn or summoned to attend as a prospective juror. (2) "Testimony" includes oral or written statements, documents, or any other evidence that may be offered by or through a witness in an official proceeding.

C.R.S. § 18-8-603 Bribe-receiving by a witness

18-8-603. Bribe-receiving by a witness. (1) A witness or a person believing he is to be called as a witness in any official proceeding commits a class 4 felony if he intentionally solicits, accepts, or agrees to accept any benefit upon an agreement or understanding that: (a) He will testify falsely or unlawfully withhold testimony; or (b) He will attempt to avoid legal process summoning him to testify; or (c) He will attempt to absent himself from an official proceeding to which he has been legally summoned.

C.R.S. § 18-8-606 Bribing a juror

18-8-606. Bribing a juror. (1) A person commits bribing a juror if he offers, confers, or agrees to confer any benefit upon a juror with intent to influence the juror's vote, opinion, decision, or other action as a juror. (2) Bribing a juror is a class 4 felony.

C.R.S. § 18-8-607 Bribe-receiving by a juror

18-8-607. Bribe-receiving by a juror. (1) A person commits bribe-receiving by a juror if he intentionally solicits, accepts, or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, decision, or other action as a juror will thereby be influenced. (2) Bribe-receiving by a juror is a class 4 felony.

C.R.S. § 18-8-608 Intimidating a juror

18-8-608. Intimidating a juror. (1) A person commits intimidating a juror if he intentionally attempts by use of a threat of harm or injury to any person or property to influence a juror's vote, opinion, decision, or other action as a juror. (2) Intimidating a juror is a class 4 felony.

C.R.S. § 18-8-609 Jury-tampering

18-8-609. Jury-tampering. (1) A person commits jury-tampering if, with intent to influence a juror's vote, opinion, decision, or other action in a case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case. (1.5) A person commits jury-tampering if he knowingly participates in the fraudulent processing or selection of jurors or prospective jurors. (2) Jury-tampering is a class 4 felony.

C.R.S. § 18-8-610 Tampering with physical evidence

18-8-610. Tampering with physical evidence. (1) A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he: (a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or (b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding. (2) "Physical evidence", as used in this section, includes any article, object, document, record, or other thing of physical substance; except that "physical evidence" does not include a human body, part of a human body, or human remains subject to a violation of section 18-8-610.5. (3) (a) Tampering with physical evidence of a felony crime is a class 6 felony. (b) Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor.

C.R.S. § 18-8-610.5 Tampering with a deceased human body

18-8-610.5. Tampering with a deceased human body. (1) A person commits tampering with a deceased human body if, believing that an official proceeding is pending, in progress, or about to be instituted and acting without legal right or authority, the person willfully destroys, mutilates, conceals, removes, or alters a human body, part of a human body, or human remains with intent to impair its or their appearance or availability in the official proceedings. (2) Tampering with a deceased human body is a class 3 felony. (3) (a) A defendant may not be convicted of both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101 (1), if the act arises out of a single incident. (b) If a defendant is charged with both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101, the court shall proceed pursuant to section 18-1-408.

C.R.S. § 18-8-611 Simulating legal process

18-8-611. Simulating legal process. (1) A person commits simulating legal process if he knowingly delivers or causes to be delivered to another a request for the payment of money on behalf of any creditor including himself which in form and substance simulates any legal process issued by any court of this state. (2) Simulating legal process is a class 2 misdemeanor.

C.R.S. § 18-8-612 Failure to obey a juror summons

18-8-612. Failure to obey a juror summons. (1) A juror commits failure to obey a juror summons if he receives a summons to serve as a trial or grand juror as provided in section 13-71-110, C.R.S., and knowingly fails to obey the summons without justifiable excuse. (2) Failure to obey a juror summons is a petty offense.

C.R.S. § 18-8-613 Willful misrepresentation of material fact on juror questionnaire

18-8-613. Willful misrepresentation of material fact on juror questionnaire. (1) A juror commits willful misrepresentation of a material fact if he willfully makes a misrepresentation of a material fact when he provides information on the juror questionnaire as provided in section 13-71-115, C.R.S. (2) Willful misrepresentation of a material fact on a juror questionnaire is a class 2 misdemeanor.

C.R.S. § 18-8-614 Willful harassment of juror by employer

18-8-614. Willful harassment of juror by employer. (1) An employer commits willful harassment of a juror if he willfully deprives an employed juror of employment or any incidents or benefits thereof or willfully harasses, threatens, or coerces an employee because the employee receives a juror summons, responds thereto, performs any obligation or election of juror service as a trial or grand juror, or exercises any right under the "Colorado Uniform Jury Selection and Service Act", article 71 of title 13, C.R.S. (2) Willful harassment of a juror is a class 2 misdemeanor.

C.R.S. § 18-8-615 Retaliation against a judge or an elected official - definitions

18-8-615. Retaliation against a judge or an elected official - definitions. (1) (a) An individual commits retaliation against a judge if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harassment, as defined in section 18-9-111 (1), or an act of harm or injury upon a person or property as retaliation or retribution against a judge, which action is directed against or committed upon: (I) A judge who has served or is serving in a legal matter assigned to the judge involving the individual or a person on whose behalf the individual is acting; (II) A member of the judge's family; (III) A person in close relationship to the judge; or (IV) A person residing in the same household with the judge. (b) An individual commits retaliation against a judge by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat: (I) Directly to the judge; or (II) To another person: (A) If the individual intended that the communication would be relayed to the judge; or (B) If the other person is required by statute or ethical rule to report the communication to the judge. (1.5) (a) An individual commits retaliation against an elected official if the individual knowingly makes a credible threat as retaliation or retribution against the elected official or arising out of the status of the person as an elected official and is directed against or committed upon: (I) An elected official; (II) A member of the elected official's family; (III) A person in close relationship to the elected official; or (IV) A person residing in the same household with the elected official. (b) For purposes of this subsection (1.5): (I) "Credible threat" means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear. (II) "Elected official" means any person who is serving in an elected position in the state of Colorado at any level of government. (2) (a) Retaliation against a judge is a class 4 felony. (b) Retaliation against an elected official is a class 6 felony. (3) As used in this section, unless the context otherwise requires, "judge" means any justice of the supreme court, judge of the court of appeals, district court judge, juvenile court judge, probate court judge, water court judge, county court judge, district court magistrate, county court magistrate, municipal judge, administrative law judge, or unemployment insurance hearing officer.

C.R.S. § 18-8-616 Retaliation against a prosecutor

18-8-616. Retaliation against a prosecutor. (1) (a) An individual commits retaliation against a prosecutor if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harm or injury upon a person or property as retaliation or retribution against a prosecutor, which action is directed against or committed upon: (I) An elected district attorney; (II) A prosecutor who has served or is serving in a legal matter assigned to the prosecutor involving the individual or a person on whose behalf the individual is acting; (III) A member of the prosecutor's family; (IV) A person in close relationship to the prosecutor; or (V) A person residing in the same household with the prosecutor. (b) An individual commits retaliation against a prosecutor by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat: (I) Directly to the prosecutor; or (II) To another person: (A) If the individual intended that the communication would be relayed to the prosecutor; or (B) If the other person is required by statute or ethical rule to report the communication to the prosecutor or to the court. (2) Retaliation against a prosecutor is a class 4 felony. (3) As used in this section, unless the context otherwise requires, "prosecutor" means the attorney general, deputy attorney general, assistant attorney general, district attorney, deputy district attorney, assistant district attorney, appointed special prosecutor, city attorney, United States attorney, deputy United States attorney, assistant United States attorney, or special assistant United States attorney.

C.R.S. § 18-8-701 Short title

18-8-701. Short title. This part 7 shall be known and may be cited as the "Colorado Victim and Witness Protection Act of 1984".

C.R.S. § 18-8-702 Definitions

18-8-702. Definitions. The definitions contained in sections 18-8-301, 18-8-501, and 18-8-601 are applicable to the provisions of this part 7, and in addition to those definitions: (1) "Victim" means any natural person against whom any crime has been perpetrated or attempted, as crime is defined under the laws of this state or of the United States. (2) "Witness" means any natural person: (a) Having knowledge of the existence or nonexistence of facts relating to any crime; (b) Whose declaration under oath is received or has been received as evidence for any purpose; (c) Who has reported any crime to any peace officer, correctional officer, or judicial officer; (d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or (e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (2).

C.R.S. § 18-8-703 Bribing a witness or victim

18-8-703. Bribing a witness or victim. (1) A person commits bribing a witness or victim if he or she offers, confers, or agrees to confer any benefit upon a witness, or a victim, or a person he or she believes is to be called to testify as a witness or victim in any official proceeding, or upon a member of the witness' family, a member of the victim's family, a person in close relationship to the witness or victim, or a person residing in the same household as the witness or victim with intent to: (a) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or (b) Induce the witness or victim to avoid legal process summoning him to testify; or (c) Induce the witness or victim to absent himself or herself from an official proceeding. (2) Bribing a witness or victim is a class 4 felony.

C.R.S. § 18-8-704 Intimidating a witness or victim

18-8-704. Intimidating a witness or victim. (1) A person commits intimidating a witness or victim if: (a) By use of a threat, act of harassment as defined in section 18-9-111, or act of harm or injury to any person or property directed to or committed upon: (I) A witness in any criminal or civil proceeding; (II) A victim of any crime; (III) A person he or she believes has been or is to be called or who would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime; (IV) A person he or she believes may have information relevant to a criminal investigation; (V) A member of the witness's family; (VI) A member of the victim's family; (VII) A person in close relationship to the witness or victim; (VIII) A person residing in the same household with the witness or victim; (IX) A person he or she believes may be able to exert influence upon the witness or victim; or (X) Any person who has reported a crime or who may be called to testify or who testifies as a witness to or victim of any crime; and (b) He or she intentionally attempts to or does: (I) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or (II) Induce the witness or victim to avoid legal process summoning him or her to testify; or (III) Induce the witness or victim to absent himself or herself from an official proceeding; or (IV) Inflict such harm or injury prior to such testimony or expected testimony; or (V) Influence the witness, victim, or any person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or a defense investigator. (2) Intimidating a witness or victim is a class 4 felony.

C.R.S. § 18-8-705 Aggravated intimidation of a witness or victim

18-8-705. Aggravated intimidation of a witness or victim. (1) A person who commits intimidating a witness or victim commits aggravated intimidation of a witness or victim if, during the act of intimidating, he: (a) Is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person being intimidated or any other person; or (b) Knowingly wounds the person being intimidated or any other person with a deadly weapon, or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person being intimidated or any other person in reasonable fear of death or bodily injury. (2) For purposes of subsection (1) of this section, possession of any article used or fashioned in a manner to lead any person reasonably to believe it to be a deadly weapon, or any verbal or other representation by the person that he is so armed, is prima facie evidence that the person is armed with a deadly weapon. (3) Aggravated intimidation of a witness or victim is a class 3 felony.

C.R.S. § 18-8-706 Retaliation against a witness or victim

18-8-706. Retaliation against a witness or victim. (1) An individual commits retaliation against a witness or victim if such person uses a threat, act of harassment as defined in section 18-9-111, or act of harm or injury upon any person or property, which action is directed to or committed upon a witness in any criminal or civil proceeding; a victim of any crime; an individual whom the person believes has been or would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime; a member of the witness' family; a member of the victim's family; an individual in close relationship to the witness or victim; an individual residing in the same household with the witness or victim, as retaliation or retribution against such witness or victim. (2) Retaliation against a witness or victim is a class 4 felony.

C.R.S. § 18-8-706.3 Aggravated retaliation against a witness or victim

18-8-706.3. Aggravated retaliation against a witness or victim. (1) A person commits the crime of aggravated retaliation against a witness or victim if, during the act of retaliation, the person: (a) Is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person being retaliated against or any other person; or (b) Knowingly wounds with a deadly weapon the person being retaliated against or any other person; or (c) By the use of force, threats, or intimidation with a deadly weapon, knowingly puts the person being retaliated against or any other person in reasonable fear of death or bodily injury. (2) Aggravated retaliation against a witness or victim is a class 3 felony.

C.R.S. § 18-8-706.5 Retaliation against a juror

18-8-706.5. Retaliation against a juror. (1) An individual commits retaliation against a juror if such individual uses a threat, act of harassment as defined in section 18-9-111, or act of harm or injury upon any person or property, which action is directed to or committed upon a juror who has served for a criminal or civil trial involving the individual or a person or persons on whose behalf the individual is acting, a member of the juror's family, an individual in close relationship to the juror, or an individual residing in the same household with the juror, as retaliation or retribution against such juror. (2) Retaliation against a juror is a class 3 felony.

C.R.S. § 18-8-707 Tampering with a witness or victim

18-8-707. Tampering with a witness or victim. (1) A person commits tampering with a witness or victim if he intentionally attempts without bribery or threats to induce a witness or victim or a person he believes is to be called to testify as a witness or victim in any official proceeding or who may be called to testify as a witness to or victim of any crime to: (a) Testify falsely or unlawfully withhold any testimony; or (b) Absent himself from any official proceeding to which he has been legally summoned; or (c) Avoid legal process summoning him to testify. (2) Tampering with a witness or victim is a class 4 felony.

C.R.S. § 18-8-708 Suit for damages by victim of intimidation or retaliation

18-8-708. Suit for damages by victim of intimidation or retaliation. (1) The following persons are eligible for relief pursuant to this section: (a) Any person who testifies as a witness or victim in any official proceeding; (b) Any person who may be called to testify as a witness to or victim of any crime; (c) Any person who is a member of the witness' or victim's family; (d) Any person who is in a close relationship to the witness or victim; (e) Any person who is residing in the same household with the witness or victim. (2) Any person who is eligible pursuant to subsection (1) of this section who suffers any physical injury or property damage as the result of the commission of intimidating a witness or victim pursuant to section 18-8-704, aggravated intimidation of a witness or victim pursuant to section 18-8-705, or retaliation against a witness or victim pursuant to section 18-8-706 shall, in a civil proceeding to recover for such injury or property damage, be eligible for the award of treble damages and attorney fees. (3) Nothing in this section shall limit the amount of recovery which a person specified in subsection (1) of this section may receive in a civil proceeding or in any other proceeding.

C.R.S. § 18-8-801 Definitions

18-8-801. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Emergency medical service provider" has the same meaning as set forth in section 25-3.5-103 (8). (2) "Materially false statement" has the meaning set out in section 18-8-501 (1). (3) "Peace officer" has the meaning set out in section 16-2.5-101.

C.R.S. § 18-8-802 Duty to report use of force by peace officers or law enforcement animals - duty to intervene

18-8-802. Duty to report use of force by peace officers or law enforcement animals - duty to intervene. (1) (a) A peace officer who, in pursuance of such officer's law enforcement duties, witnesses another peace officer, including a peace officer who is the handler of a law enforcement animal, in pursuance of such other peace officer's law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, or booking any person or in the process of crowd control or riot control, use physical force or allow the peace officer's law enforcement animal to use physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707 must report such use of force to such officer's or handler's immediate supervisor. (b) At a minimum, the report required by this section shall include the date, time, and place of the occurrence, the identity, if known, and description of the participants, and a description of the events and the force used. A copy of an arrest report or other similar report required as a part of a peace officer's duties can be substituted for the report required by this section, so long as it includes such information. The report shall be made in writing within ten days of the occurrence of the use of such force. (c) Any peace officer who fails to report such use of force in the manner prescribed in this subsection (1) commits a class 2 misdemeanor. (1.5) (a) A peace officer, as defined in section 24-31-901 (3), who is on-duty shall intervene to prevent or stop another peace officer, including a peace officer who is the handler of a law enforcement animal, from using physical force that exceeds the degree of force permitted, if any, by section 18-1-707 in pursuance of the other peace officer's law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, without regard for chain of command. (b) (I) A peace officer, as defined in section 24-31-901 (3), who intervenes as required by subsection (1.5)(a) of this section shall report the intervention to his or her immediate supervisor. (II) At a minimum, the report required by this subsection (1.5)(b) must include the date, time, and place of the occurrence; the identity, if known, and description of the participants; and a description of the intervention actions taken. This report must be in writing within ten days of the occurrence of the use of such force and must be included with all other reports of the incident. (c) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer, as defined in section 24-31-901 (3), for intervening as required by subsection (1.5)(a) of this section, or for reporting unconstitutional conduct, or for failing to follow what the officer reasonably believes is an unconstitutional directive. (d) Any peace officer, as defined in section 24-31-901 (3), who fails to intervene to prevent the use of unlawful force as prescribed in this subsection (1.5) commits a class 1 misdemeanor. (e) When an administrative law judge or internal investigation finds that a peace officer, as defined in section 24-31-901 (3), failed to intervene to prevent the use of unlawful physical force as prescribed in this subsection (1.5), this finding must be presented to the district attorney so that the district attorney can determine whether charges should be filed pursuant to subsection (1.5)(d) of this section. However, nothing in this subsection (1.5)(e) prohibits or is intended to discourage the district attorney from charging an officer with failure to intervene before the conclusion of any internal investigation. (f) (Deleted by amendment, L. 2021.) ed to the district attorney so that the district attorney can determine whether charges should be filed pursuant to subsection (1.5)(d) of this section. However, nothing in this subsection (1.5)(e) prohibits or is intended to discourage the district attorney from charging an officer with failure to intervene before the conclusion of any internal investigation. (f) (Deleted by amendment, L. 2021.) (g) In a case in which the prosecution charges a peace officer, as defined in section 24-31-901 (3), with offenses related to and based upon the use of excessive force but does not file charges against any other peace officer or officers who were at the scene during the use of force, the district attorney shall prepare a written report explaining the district attorney's basis for the decision not to charge any other peace officer with any criminal conduct and shall publicly disclose the report to the public; except that if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the district attorney may delay public disclosure for up to forty-five days. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available upon request. Nothing in this subsection (1.5) prohibits or discourages prosecution of any other criminal offense related to failure to intervene, including a higher charge, if supported by the evidence. (2) Any peace officer who knowingly makes a materially false statement, which the officer does not believe to be true, in any report made pursuant to subsection (1) of this section commits false reporting to authorities pursuant to section 18-8-111 (1)(a)(III). (3) No report filed pursuant to subsection (1) of this section shall be used as evidence against a peace officer in a criminal proceeding unless there is other credible evidence which corroborates such report or in a civil action over a claim of executive or statutory privilege without a valid court order.

C.R.S. § 18-8-803 Use of excessive force

18-8-803. Use of excessive force. (1) Subject to the provisions of section 18-1-707, a peace officer who uses excessive force in pursuance of such officer's law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen, including the provisions of part 1 of article 3 of this title concerning homicide and related offenses and the provisions of part 2 of said article 3 concerning assaults. (2) As used in this section, "excessive force" means physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707. The use of excessive force shall be presumed when a peace officer continues to apply physical force in excess of the force permitted by section 18-1-707 to a person who has been rendered incapable of resisting arrest.

C.R.S. § 18-8-804 Approved policy or guidelines

18-8-804. Approved policy or guidelines. Each public entity which employs any peace officer shall adopt policies or guidelines concerning the use of force by peace officers which shall be complied with by peace officers in carrying out the duties of such officers within the jurisdiction of the public entity.

C.R.S. § 18-8-805 Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition

18-8-805. Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition. (1) A peace officer shall not use, direct, or unduly influence the use of ketamine upon another person. (2) (a) (I) A peace officer shall not compel, direct, or unduly influence an emergency medical service provider to administer ketamine. (II) An emergency medical service provider shall confidentially report any violation of this subsection (2)(a) to the P.O.S.T. board created in section 24-31-302 within ten days of the occurrence. At a minimum, the report must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the events. (III) A peace officer shall not retaliate in any way against an emergency medical service provider for reporting the incident pursuant to this subsection (2). (IV) Upon receipt of the report submitted pursuant to subsection (2)(a)(II) of this section, the P.O.S.T. board shall submit the report to the peace officer's employing agency. The employing agency shall conduct an internal investigation of the alleged violation and transmit the findings of the internal investigation to the P.O.S.T. board. If the findings show the peace officer violated subsection (1), (2)(a)(I), or (5) of this section, the P.O.S.T. board may revoke the peace officer's certification in accordance with section 24-31-904 (1)(a)(III), (1)(a)(IV), or (2)(a). (b) A peace officer shall not unduly influence an emergency medical service provider's medical decision or diagnosis, and an emergency medical service provider shall not base its medical decision or diagnosis exclusively on information provided by a peace officer. (c) Notwithstanding subsection (2)(b) of this section, a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the emergency medical service provider's assessment of the need to administer ketamine. (d) Notwithstanding section 18-1-707 (1.5)(a), a peace officer who is also certified as an emergency medical service provider may administer ketamine pursuant to the restrictions set forth in section 25-3.5-209 and when the decision to administer ketamine is based on the emergency medical service provider's training and expertise. (3) A person who is directed by a peace officer to assist the peace officer to effect an arrest, detention, restraint, transport, or punishment; to prevent an escape from custody; or to facilitate ease and convenience in law enforcement encounters shall not use ketamine to carry out the peace officer's direction or undue influence. (4) (a) A peace officer who, in pursuance of the peace officer's law enforcement duties, witnesses another peace officer, in pursuance of the other peace officer's law enforcement duties, use or direct the use of ketamine on another person shall report such use to the P.O.S.T. board created in section 24-31-302. (b) At a minimum, the report required by this subsection (4) must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the events. A copy of an arrest report or other similar report required as a part of a peace officer's duties can be substituted for the report required by this subsection (4) if it includes such information. The report must be in writing and made within ten days after the occurrence of the use of ketamine. (c) Any peace officer who fails to report the use or directed use of ketamine in the manner described in this subsection (4) commits a class 1 misdemeanor. quired as a part of a peace officer's duties can be substituted for the report required by this subsection (4) if it includes such information. The report must be in writing and made within ten days after the occurrence of the use of ketamine. (c) Any peace officer who fails to report the use or directed use of ketamine in the manner described in this subsection (4) commits a class 1 misdemeanor. (d) Upon receipt of the report submitted pursuant to this subsection (4), the P.O.S.T. board shall submit the report to the peace officer's employing agency. The employing agency shall conduct an internal investigation of the alleged violation and transmit the findings of the internal investigation to the P.O.S.T. board. If the findings show the peace officer violated subsection (1), (2)(a)(I), or (5) of this section, the P.O.S.T. board may revoke the peace officer's certification in accordance with section 24-31-904 (1)(a)(III), (1)(a)(IV), (1)(a) or (2)(a). (5) (a) A peace officer shall intervene, without regard for chain of command, to prevent or stop another peace officer from using or directing the use of ketamine in pursuance of the other peace officer's law enforcement duties to effect an arrest, detention, restraint, transport, or punishment; to prevent an escape from custody; or to facilitate ease and convenience in law enforcement encounters. (b) (I) A peace officer who intervenes as required by subsection (5)(a) of this section shall report the intervention to the intervening peace officer's immediate supervisor. (II) At a minimum, the report required by this subsection (5)(b) must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the intervention actions taken. The report must be in writing and made within ten days after the occurrence of the intervention and must be included with all other reports of the incident. (c) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening as required by subsection (5)(a) of this section, for reporting any other violation of this section, or for failing to follow what the peace officer reasonably believes is an unconstitutional directive. (d) Any peace officer who fails to intervene to prevent the use of or the directed use of ketamine as described in this subsection (5) commits a class 1 misdemeanor. (e) When an administrative law judge or internal investigation finds that a peace officer failed to intervene to prevent the use of or the directed use of ketamine, the finding must be presented to the district attorney so that the district attorney can determine whether charges should be filed pursuant to subsection (5)(d) of this section. However, nothing in this subsection (5)(e) prohibits or is intended to discourage the district attorney from charging an officer with failure to intervene before the conclusion of any internal investigation. (f) In a case in which the prosecution charges a peace officer with offenses related to and based upon the use or directed use of ketamine but does not file charges against any other peace officer or officers who were at the scene during the use of ketamine, the district attorney shall prepare a written report explaining the district attorney's basis for the decision not to charge any other peace officer with any criminal conduct and shall publicly disclose the report; except that if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the district attorney may delay public disclosure for up to forty-five days. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available. cer with any criminal conduct and shall publicly disclose the report; except that if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the district attorney may delay public disclosure for up to forty-five days. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available. (g) Nothing in this subsection (5) prohibits or discourages prosecution of any other criminal offense related to unlawful use or directed use of ketamine, failure to intervene, or failure to report, including a higher charge, if supported by the evidence. (6) Any peace officer who knowingly makes a materially false statement that the officer does not believe to be true in any report made pursuant to subsection (4) of this section commits false reporting to authorities pursuant to section 18-8-111 (1)(a)(III). (7) As used in this section, unless the context otherwise requires, "unduly influence" or "undue influence" means the improper use of power or trust in a way that deprives a person of free will and substitutes another's objective.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.docxFetched: 10/6/2026