Colorado statute

C.R.S. § 18-9-119 — Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs.

Current through 2025 Regular Session

Part of Part 1: PUBLIC PEACE AND ORDER, Colorado Revised Statutes.

Criminal charges under this statute

Failure or refusal to leave premises or property upon request of a peace officer

Full text of C.R.S. § 18-9-119

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. § 18-9-119Primary source, current through the 2025 Regular Session

(1) The general assembly hereby finds and declares that any individual who violates any provision of this section presents a significant threat to life and property in this state; that such violations require the use of highly trained personnel and sophisticated equipment; and that any such individual, if guilty, shall be convicted of committing a crime and be required to pay for any extraordinary expenses which are a result of said violation. (2) Any person who barricades or refuses police entry to any premises or property through use of or threatened use of force and who knowingly refuses or fails to leave any premises or property upon being requested to do so by a peace officer who has probable cause to believe a crime is occurring and that such person constitutes a danger to himself or herself or others commits a class 2 misdemeanor. (3) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person without that person's consent, without proper legal authority, and without the use of a deadly weapon commits a class 1 misdemeanor. (4) Any person who violates subsection (2) or (3) of this section and who, in the same criminal episode, recklessly or knowingly causes a peace officer to believe that he possesses a deadly weapon commits a class 1 misdemeanor. (5) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person through the possession, use, or threatened use of a deadly weapon, without the other person's consent, and without proper legal authority commits a class 3 felony. (6) (a) Any person convicted of a violation of this section or any person who enters a plea of guilty or nolo contendere to a violation of this section or is placed on deferred judgment and sentence for a violation of this section shall be responsible for the payment of up to a maximum of two thousand dollars for any extraordinary expenses incurred by a law enforcement agency as a result of such violation. (b) As used in paragraph (a) of this subsection (6), "extraordinary expenses" means any cost relating to a violation of the provisions of this section, including, but not limited to, overtime wages for officers and operating expenses of any equipment utilized as a result of such violation or any damage to property occurring as a result of any violation of this section. (7) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or confines or detains such other person by knowingly causing such other person to reasonably believe that the person possesses a deadly weapon commits a class 4 felony. (8) As used in this section, to "hold hostage" means to seize, imprison, entice, detain, confine, or persuade another person to remain in any premises or on any property during a violation of any provision of this section in order to seek concessions from law enforcement personnel or their representatives, or to prevent their entry to property or premises. The term includes imprisoning, enticing, detaining, confining, or persuading any child to remain in said premises or on said property in an attempt to secure said concessions.

Official sources

Legal terms used in this section

Questions this section answers

Is failure or refusal to leave premises or property upon request of a peace officer a felony or a misdemeanor in Colorado?

It depends on the circumstances: failure or refusal to leave premises or property upon request of a peace officer ranges from a class 2 misdemeanor to a class 3 felony in Colorado under C.R.S. § 18-9-119.

Barricading/refusing to leave premises: class 2 misdemeanor (C.R.S. § 18-9-119(2)) · Violation of (2) with confinement/detention without weapon: class 1 misdemeanor (C.R.S. § 18-9-119(3)) · Violation of (2) or (3) causing belief of deadly weapon possession: class 1 misdemeanor (C.R.S. § 18-9-119(4)) · Violation of (2) with hostage-taking using deadly weapon: class 3 felony (C.R.S. § 18-9-119(5)) · Violation of (2) with hostage-taking by causing belief of deadly weapon possession: class 4 felony (C.R.S. § 18-9-119(7))

Which Colorado statute covers failure or refusal to leave premises or property upon request of a peace officer?

Failure or refusal to leave premises or property upon request of a peace officer is governed by C.R.S. § 18-9-119 (Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs).

This reference is informational and is not legal advice.