Colorado statute
C.R.S. § 18-8-103 — Resisting arrest.
Current through 2025 Regular Session
Part of Part 1: OBSTRUCTION OF PUBLIC JUSTICE, Colorado Revised Statutes.
Criminal charges under this statute
Full text of C.R.S. § 18-8-103
Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.
(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.
Official sources
Legal terms used in this section
Questions this section answers
Is resisting arrest a felony or a misdemeanor in Colorado?
Resisting arrest is a class 2 misdemeanor in Colorado under C.R.S. § 18-8-103.
Which Colorado statute covers resisting arrest?
Resisting arrest is governed by C.R.S. § 18-8-103 (Resisting arrest).
This reference is informational and is not legal advice.