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024. COLORADO CRIMINAL CODE – GOVERNMENTAL OPERATIONS – ESCAPE – AND INTRODUCING CONTRABAND CRIMES

The Crimes of Escape and Offenses Relating to Custody in Colorado

The Colorado Crime of Aiding an escape 18-8-201

Knowingly aiding, abetting, or assisting another person to escape or to attempt to escape from custody or confinement is a class 1 misdemeanor if the person aided was in custody or confinement for a misdemeanor or a petty offense. 18-8-201 (6)

Aiding escape is a class 3 felony if the person aided was in custody or confinement for any felony other than a class 1 or class 2 felony. 18-8-201 (5)

Aiding escape is a class 2 felony if the person aided was in custody or confinement for a class 1 or class 2 felony. 18-8-201 (4)

The Colorado Crime of Aiding escape from mental hospital

Any person who aids the escape of any inmate from an institution for the care and treatment of persons with mental illness knowing the person was committed pursuant to the criminal insanity statute commits a class 5 felony. 18-8-201.1

The Colorado Crime of Introducing contraband in the first degree  18-8-203

It is a class 4 felony for any person to attempt to introduce a dangerous instrument, alcoholic beverage, controlled substance, or marijuana into a detention facility, or for any person who is confined in a detention facility to make any of these items. 18-8-203 (2)

The Colorado Crime of Introducing contraband in the second degree  18-8-204

Any person who introduces contraband, as defined in 18-8-204 (2), into a detention facility commits a class 6 felony. 18-8-204 (3)

The Colorado Crime of Possession of contraband in the first degree  18-8-204.1

Any person confined in a detention facility who possesses an alcoholic beverage, controlled substance, or marijuana commits a class 6 felony. 18-8-204.1 (2)

Possession of a dangerous instrument by an individual confined in a detention facility is a class 4 felony. 18-8-204.1 (3)

The Colorado Crime of Possession of contraband in the second degree 18-8-204.2 (2)

A person who is confined in a detention facility commits the class 1 misdemeanor of possession of contraband in the second degree if he or she knowingly obtains or has in his or her possession  contraband (as defined in 18-8-204 (2)), unless the possession is authorized by rule or by regulation. 18-8-204.2 (2)

The Colorado Crime of Assault during escape  18-8-206

Any person confined in any lawful place of confinement within the state who, while escaping or  attempting to escape, commits an assault with intent to commit bodily injury upon another person with a deadly weapon, or by any means of force likely to produce serious bodily injury, commits a class 3 felony if the person escaping has been convicted of a misdemeanor or petty offense or is being held for or charged with but not convicted of a felony. 18-8-206 (1) (c) and (1) (d)

Assault during escape is a class 2 felony if the person escaping has been convicted of any felony other than a class 1 felony. 18-8-206 (1) (b)

Assault during escape is a class 1 felony if the person escaping has been convicted of a class 1 felony. 18-8-206 (1) (a)

The Colorado Crime of Holding hostages

If, while escaping from lawful custody or confinement, a person holds another hostage by force or threat, he or she commits a class 2 felony. 18-8-207

The Colorado Crime of Escape

A person commits a class 3 misdemeanor when he or she knowingly escapes while in custody or  confinement following conviction of a misdemeanor, a petty offense, or a violation of a municipal ordinance. 18-8-208 (4)

Escaping while confined pursuant to the criminal insanity statute (Article 8 of Title 16) is a class 1 misdemeanor if the person was charged with a misdemeanor at the proceeding in which he or she was committed. 18-8-208 (6) (a)

Escape while confined pursuant to the criminal insanity statute (Article 8 of Title 16) is a class 1  misdemeanor if the person was charged with a felony at the proceeding in which he or she was committed and if the person does not travel from the state of Colorado. 18-8-208 (6) (b)

Escape while confined pursuant to the criminal insanity statute (Article 8 of Title 16) if the person was charged with a felony at the proceeding in which he or she was committed is a class 5 felony if the person travels outside the state of Colorado. 18-8-208 (6) (c)

Escape is a class 5 felony if the person was in custody or confinement pursuant to the “Uniform Extradition Act.” 18-8-208 (8)

Escape is a class 4 felony if the person has been charged with but not convicted of a felony. 18-8-208 (3)

Escape is a class 3 felony if the person has been convicted of a felony other than a class 1 or class 2 felony. 18-8-208 (2)

Escape is a class 2 felony if the person has been convicted of a class 1 or 2 felony. 18-8-208 (1)

The Colorado Crime of Attempt to escape  18-8-208.1 (1.5)

Attempt to escape is a class 5 felony if the person was serving a direct sentence to a community corrections facility or was placed in an intensive supervision parole program following a felony conviction. 18-8-208.1 (1.5)

A person who, while in custody or confinement and held for or charged with but not convicted of a felony, attempts to escape commits a class 5 felony. 18-8-208.1 (2)

Attempt to escape is a class 4 felony if the person was in custody or confinement following a felony conviction. 18-8-208.1 (1)

The Colorado Crime of Persons in custody or confinement for unclassified offenses  18-8-210

A person who violates section 18-8-201 (aiding escape), section 18-8-206 (assault during escape), or section 18-8-208 (escape) while in custody or confined for a misdemeanor offense which is unclassified or which was not classified at the time the custody or confinement began is deemed to have been in custody or confinement for a class 2 misdemeanor. 18-8-210

A person who violates section 18-8-201 (aiding escape), section 18-8-206 (assault during escape), or section 18-8-208 (escape) while in custody or confined for a felony offense which is unclassified or which was not classified at the time the custody or confinement began is deemed to have been in custody or confinement for a class 5 felony. 18-8-210

The Colorado Crime of Riots in detention facilities . 18-8-211 (3)

A person confined in any correctional institution commits a class 5 felony if, during a riot, he or she intentionally disobeys an order to move, disperse, or refrain from specified activities. 18-8-211 (3)

A person who engages with two or more other persons in violent conduct, using a deadly weapon, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents that he or she is armed with a deadly weapon which creates grave danger and obstructs performance of institutional functions, commits a class 3 felony. 18-8-211 (2) (a)


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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