Colorado criminal charge
Escapes in Colorado
Current through 2026 Colorado legislative session
Escapes is a criminal offense under Colorado law, defined by C.R.S. § 18-8-208. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-8-208.
What is the penalty for escapes in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 8 years to 24 years (Escape following conviction of class 1 or 2 felony — Person in custody or confinement following conviction of a class 1 or class 2 felony knowingly escapes.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Escape following conviction of class 1 or 2 felony — Person in custody or confinement following conviction of a class 1 or class 2 felony knowingly escapes.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Escape following conviction of class 1 or 2 felony — Person in custody or confinement following conviction of a class 1 or class 2 felony knowingly escapes.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Escape following conviction of other felony — Person in custody or confinement following conviction of a felony other than class 1 or 2 knowingly escapes.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Escape following conviction of other felony — Person in custody or confinement following conviction of a felony other than class 1 or 2 knowingly escapes.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Escape following conviction of other felony — Person in custody or confinement following conviction of a felony other than class 1 or 2 knowingly escapes.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Escape while held for or charged with a felony (not convicted) — Person in custody or confinement held for or charged with but not convicted of a felony knowingly escapes.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Escape while held for or charged with a felony (not convicted) — Person in custody or confinement held for or charged with but not convicted of a felony knowingly escapes.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Escape while held for or charged with a felony (not convicted) — Person in custody or confinement held for or charged with but not convicted of a felony knowingly escapes.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Escape following conviction of misdemeanor, petty offense, or municipal ordinance violation — Person in custody or confinement following conviction of a misdemeanor, petty offense, or municipal ordinance violation knowingly escapes.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Escape following conviction of misdemeanor, petty offense, or municipal ordinance violation — Person in custody or confinement following conviction of a misdemeanor, petty offense, or municipal ordinance violation knowingly escapes.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Escape by adult from staff secure facility (youth services commitment) — Person over 18 committed to division of youth services for a delinquent act escapes from a staff secure facility other than a state-operated locked facility.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Escape by adult from staff secure facility (youth services commitment) — Person over 18 committed to division of youth services for a delinquent act escapes from a staff secure facility other than a state-operated locked facility.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 10 days (no statutory minimum) (Escape while held for or charged with misdemeanor/petty offense (not convicted) — Person in custody or confinement held for or charged with but not convicted of a misdemeanor, petty offense, or municipal ordinance violation knowingly escapes.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Escape while held for or charged with misdemeanor/petty offense (not convicted) — Person in custody or confinement held for or charged with but not convicted of a misdemeanor, petty offense, or municipal ordinance violation knowingly escapes.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Escape from Title 16 Article 8 commitment — charged with misdemeanor — Person confined under an article 8 of title 16 commitment escapes after having been charged with a misdemeanor at the commitment proceeding.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Escape from Title 16 Article 8 commitment — charged with misdemeanor — Person confined under an article 8 of title 16 commitment escapes after having been charged with a misdemeanor at the commitment proceeding.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Escape from Title 16 Article 8 commitment — charged with felony, remains in Colorado — Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding, but does not travel outside Colorado during the escape.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Escape from Title 16 Article 8 commitment — charged with felony, remains in Colorado — Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding, but does not travel outside Colorado during the escape.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Escape from Title 16 Article 8 commitment — charged with felony, leaves Colorado — Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding and travels outside Colorado during the escape.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Escape from Title 16 Article 8 commitment — charged with felony, leaves Colorado — Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding and travels outside Colorado during the escape.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Escape from Title 16 Article 8 commitment — charged with felony, leaves Colorado — Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding and travels outside Colorado during the escape.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Escape from custody under Title 16 Article 19 (sex offender civil commitment) — Person knowingly escapes while in custody or confinement pursuant to article 19 of title 16.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Escape from custody under Title 16 Article 19 (sex offender civil commitment) — Person knowingly escapes while in custody or confinement pursuant to article 19 of title 16.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Escape from custody under Title 16 Article 19 (sex offender civil commitment) — Person knowingly escapes while in custody or confinement pursuant to article 19 of title 16.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is escapes classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape following conviction of class 1 or 2 felony | class 2 felony | Person in custody or confinement following conviction of a class 1 or class 2 felony knowingly escapes. | 18-8-208(1) |
| Escape following conviction of other felony | class 3 felony | Person in custody or confinement following conviction of a felony other than class 1 or 2 knowingly escapes. | 18-8-208(2) |
| Escape while held for or charged with a felony (not convicted) | class 4 felony | Person in custody or confinement held for or charged with but not convicted of a felony knowingly escapes. | 18-8-208(3) |
| Escape following conviction of misdemeanor, petty offense, or municipal ordinance violation | class 2 misdemeanor | Person in custody or confinement following conviction of a misdemeanor, petty offense, or municipal ordinance violation knowingly escapes. | 18-8-208(4) |
| Escape by adult from staff secure facility (youth services commitment) | class 2 misdemeanor | Person over 18 committed to division of youth services for a delinquent act escapes from a staff secure facility other than a state-operated locked facility. | 18-8-208(4.5) |
| Escape while held for or charged with misdemeanor/petty offense (not convicted) | petty offense | Person in custody or confinement held for or charged with but not convicted of a misdemeanor, petty offense, or municipal ordinance violation knowingly escapes. | 18-8-208(5) |
| Escape from Title 16 Article 8 commitment — charged with misdemeanor | class 2 misdemeanor | Person confined under an article 8 of title 16 commitment escapes after having been charged with a misdemeanor at the commitment proceeding. | 18-8-208(6)(a) |
| Escape from Title 16 Article 8 commitment — charged with felony, remains in Colorado | class 2 misdemeanor | Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding, but does not travel outside Colorado during the escape. | 18-8-208(6)(b) |
| Escape from Title 16 Article 8 commitment — charged with felony, leaves Colorado | class 5 felony | Person confined under an article 8 of title 16 commitment escapes after having been charged with a felony at the commitment proceeding and travels outside Colorado during the escape. | 18-8-208(6)(c) |
| Escape from custody under Title 16 Article 19 (sex offender civil commitment) | class 5 felony | Person knowingly escapes while in custody or confinement pursuant to article 19 of title 16. | 18-8-208(8) |
Common questions about escapes in Colorado
Is escapes a felony or a misdemeanor in Colorado?
It depends on the circumstances: escapes ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-8-208.
Escape following conviction of class 1 or 2 felony: class 2 felony (C.R.S. § 18-8-208(1)) · Escape following conviction of other felony: class 3 felony (C.R.S. § 18-8-208(2)) · Escape while held for or charged with a felony (not convicted): class 4 felony (C.R.S. § 18-8-208(3)) · Escape following conviction of misdemeanor, petty offense, or municipal ordinance violation: class 2 misdemeanor (C.R.S. § 18-8-208(4)) · Escape by adult from staff secure facility (youth services commitment): class 2 misdemeanor (C.R.S. § 18-8-208(4.5)) · Escape while held for or charged with misdemeanor/petty offense (not convicted): petty offense (C.R.S. § 18-8-208(5)) · Escape from Title 16 Article 8 commitment — charged with misdemeanor: class 2 misdemeanor (C.R.S. § 18-8-208(6)(a)) · Escape from Title 16 Article 8 commitment — charged with felony, remains in Colorado: class 2 misdemeanor (C.R.S. § 18-8-208(6)(b)) · Escape from Title 16 Article 8 commitment — charged with felony, leaves Colorado: class 5 felony (C.R.S. § 18-8-208(6)(c)) · Escape from custody under Title 16 Article 19 (sex offender civil commitment): class 5 felony (C.R.S. § 18-8-208(8))
What are the penalties for escapes in Colorado?
Penalties for escapes in Colorado depend on how it is classified — from a petty offense up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-401, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-503; the full table of ranges by variant is published on this page.
Which Colorado statute covers escapes?
Escapes is governed by C.R.S. § 18-8-208 (Escapes).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.