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Colorado statute

C.R.S. § 18-8-208.1 — Attempt to escape.

Current through 2025 Regular Session

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

Criminal charges under this statute

Full text of C.R.S. § 18-8-208.1

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. § 18-8-208.1Primary source, current through the 2025 Regular Session
(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.

Official sources

Legal terms used in this section

Questions this section answers

Is attempt to escape a felony or a misdemeanor in Colorado?

It depends on the circumstances: attempt to escape ranges from a petty offense to a class 4 felony in Colorado under C.R.S. § 18-8-208.1.

Attempt to escape from custody following felony conviction: class 4 felony (C.R.S. § 18-8-208.1(1)) · Attempt to escape while held for or charged with but not convicted of a felony: class 5 felony (C.R.S. § 18-8-208.1(2)) · Attempt to escape from custody following misdemeanor or petty offense conviction: class 2 misdemeanor (C.R.S. § 18-8-208.1(3)) · Attempt to escape while held for or charged with but not convicted of a misdemeanor or petty offense: petty offense (C.R.S. § 18-8-208.1(4))

Which Colorado statute covers attempt to escape?

Attempt to escape is governed by C.R.S. § 18-8-208.1 (Attempt to escape).

This reference is informational and is not legal advice.