Colorado statute

C.R.S. § 18-8-208 — Escapes.

Current through 2025 Regular Session

Part of Part 2: ESCAPE AND OFFENSES RELATING TO CUSTODY, Colorado Revised Statutes.

Criminal charges under this statute

Escapes

Full text of C.R.S. § 18-8-208

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.

C.R.S. § 18-8-208Primary source, current through the 2025 Regular Session

(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.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Colorado statute covers escapes?

Escapes is governed by C.R.S. § 18-8-208 (Escapes).

This reference is informational and is not legal advice.