Part 1. Obstruction of Public Justice

§ 18-8-101. Definitions

As used in this article, unless the context otherwise requires:
(1) “Government” has the same meaning as described in section 18-1-901 (3)(i).
(2) “Governmental function” has the same meaning as described in section 18-1-901 (3)(j).
(2.5) “Peace officer” has the same meaning as described in section 16-2.5-101, C.R.S.
(3) “Public servant” has the same meaning as described in section 18-1-901 (3)(o).

§ 18-8-102. Obstructing government operations

(1) A person commits obstructing government operations if he intentionally obstructs, impairs, or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical interference or obstacle.
(2) It shall be an affirmative defense that:
(a) The obstruction, impairment, or hindrance was of unlawful action by a public servant; or
(b) The obstruction, impairment, or hindrance was of the making of an arrest; or
(c) The obstruction, impairment, or hindrance of a governmental function was by lawful activities in connection with a labor dispute with the government.
(3) Obstructing government operations is a class 3 misdemeanor.

§ 18-8-103. Resisting arrest

(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.

§ 18-8-104. Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer

(1)
(a) A person commits obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.
(1.5) [Editor’s note: Subsection (1.5) is effective March 1, 2022.] A person shall not be charged with the offense described in subsection (1) of this section because the person remained silent or because the person stated a verbal opposition to an order by a government official.
(2) It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he or she was acting under color of his or her official authority. A peace officer acts “under color of his or her official authority” if, in the regular course of assigned duties, he or she makes a judgment in good faith based on surrounding facts and circumstances that he or she must act to enforce the law or preserve the peace.
(2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threatening to use an unmanned aircraft system as an obstacle, the offense does not apply if the person who operates the unmanned aircraft system:
(a) Obtains permission to operate the unmanned aircraft system from a law enforcement agency or other entity that is coordinating the response of peace officers, firefighters, emergency medical service providers, rescue specialists, or volunteers to an emergency or accident;
(b) Continues to communicate with such entity during the operation of the unmanned aircraft system; and
(c) Complies immediately with any instructions from the entity concerning the operation of the unmanned aircraft system.
(3) Repealed.
(4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.
(5) For purposes of this section, unless the context otherwise requires:
(a) “Emergency medical service provider” means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.
(b) “Obstacle” includes an unmanned aircraft system.
(c) “Rescue specialist” means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.

§ 18-8-105. Accessory to crime

(1) A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person.
(2) “Render assistance” means to:
(a) Harbor or conceal the other; or
(a.5) Harbor or conceal the victim or a witness to the crime; or
(b) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or
(c) Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or
(d) By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or
(e) Conceal, destroy, or alter any physical or testimonial evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person.
(3) Being an accessory to crime is a class 4 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, and if that crime is designated by this code as a class 1 or class 2 felony.
(4) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted is suspected of or wanted for a crime, and if that crime is designated by this code as a class 1 or class 2 felony.
(5) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a felony other than a class 1 or class 2 felony; except that being an accessory to a class 6 felony is a class 6 felony.
(6) (Effective until March 1, 2022) Being an accessory to crime is a class 1 petty offense if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a misdemeanor of any class.
(6) (Effective March 1, 2022) Being an accessory to crime is a petty offense if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a misdemeanor of any class.

§ 18-8-106. Refusal to permit inspections

(1) (Effective until March 1, 2022) A person commits a class 1 petty offense if, knowing that a public servant is legally authorized to inspect property:
(1) (Effective March 1, 2022) A person commits a civil infraction if, knowing that a public servant is legally authorized to inspect property:
(a) He refuses to produce or make available the property for inspection at a reasonable hour; or
(b) If the property is available for inspection he refuses to permit the inspection at a reasonable hour.
(2) For purposes of this section, “property” means any real or personal property, including books, records, and documents which are owned, possessed, or otherwise subject to the control of the defendant. A “legally authorized inspection” means any lawful search, sampling, testing, or other examination of property, in connection with the regulation of a business or occupation, that is authorized by statute or lawful regulatory provision.

§ 18-8-107. Refusing to aid a peace officer - repeal

(1) A person, eighteen years of age or older, commits a class 1 petty offense when, upon command by a person known to him to be a peace officer, he unreasonably refuses or fails to aid the peace officer in effecting or securing an arrest or preventing the commission by another of any offense.
(2) This section is repealed, effective March 1, 2022.

§ 18-8-108. Compounding

(1) A person commits compounding if he accepts or agrees to accept any pecuniary benefit as consideration for:
(a) Refraining from seeking prosecution of an offender; or
(b) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime.
(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
(3) (Effective until March 1, 2022) Compounding is a class 3 misdemeanor.
(3) (Effective March 1, 2022) Compounding is a class 2 misdemeanor.

§ 18-8-109. Concealing death

Any person who conceals the death of another person and thereby prevents a determination of the cause or circumstances of death commits a class 1 misdemeanor. For the purpose of this section only, “another person” includes a fetus born dead.

§ 18-8-110. False report of explosives, weapons, or harmful substances

Any person who reports to any other person that a bomb or other explosive, any chemical or biological agent, any poison or weapon, or any harmful radioactive substance has been placed in any public or private place or vehicle designed for the transportation of persons or property, knowing that the report is false, commits a class 6 felony.

§ 18-8-111. False reporting to authorities - false reporting of emergency - definition - repeal

(1)(a) A person commits false reporting to authorities if:
(I) He or she knowingly:
(A) Causes by any means, including but not limited to activation, a false alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property; or
(B) Prevents by any means, including but not limited to deactivation, a legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property; or
(II) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; or
(III) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or
(IV)(A) He or she knowingly provides false identifying information to law enforcement authorities.
(B) This subsection (1)(a)(IV) is repealed, effective March 1, 2022.
(b) (Effective until March 1, 2022) False reporting to authorities is a class 3 misdemeanor; except that, if it is committed in violation of subsection (1)(a)(I) of this section and committed during the commission of another criminal offense, it is a class 2 misdemeanor.
(b) (Effective March 1, 2022) False reporting to authorities is a class 2 misdemeanor.
(c)(I) For purposes of this section, “identifying information” means a person’s name, address, birth date, social security number, or driver’s license or Colorado identification number.
(II) This subsection (1)(c) is repealed, effective March 1, 2022.
(2)(a) A person commits false reporting of an emergency if he or she knowingly commits an act in violation of subsection (1) of this section that includes a knowing false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.
(b)(I) (Effective until March 1, 2022) Except as otherwise provided in this subsection (2)(b), false reporting of an emergency is a class 1 misdemeanor.
(I) (Effective March 1, 2022) Except as otherwise provided in this subsection (2)(b), false reporting of an emergency is a class 2 misdemeanor.
(II) (Effective until March 1, 2022) False reporting of an emergency is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3), if:
(Effective March 1, 2022) False reporting of an emergency is a class 1 misdemeanor, if:

(A) The threat causes the occupants of a building, place of assembly, or facility of public transportation to be evacuated or otherwise displaced; or
(B) The emergency response results in bodily injury of another person.
(III) False reporting of an emergency is a class 4 felony if the emergency response results in serious bodily injury of another person.
(IV) False reporting of an emergency is a class 3 felony if the emergency response results in the death of another person.
(c) Upon a conviction pursuant to this subsection (2), in addition to any other sentence imposed or restitution ordered, the court shall sentence the defendant to pay restitution in an amount equal to the cost of any emergency response or evacuation, including but not limited to fire and police response, emergency medical service or emergency preparedness response, and transportation of any individual from the building, place of assembly, or facility of public transportation.
(d) It is not a defense to a prosecution pursuant to this subsection (2) that the defendant or another person did not have the intent or capability of committing the threatened or reported act.
(3) For purposes of subsections (1) and (2) of this section, the offense is committed and the defendant may be tried in the county where the defendant made the report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report.
(4) A violation of this section does not preclude a conviction for a violation of any other criminal offense.

§ 18-8-111.5. False reporting of identifying information to law enforcement authorities - definition

(1) (Effective March 1, 2022) A person commits false reporting of identifying information if the person knowingly provides false identifying information to law enforcement authorities.
(2) False reporting of identifying information is a class 2 misdemeanor; except that it is a class 6 felony if providing the false identifying information results in substantially impeding the investigation or arrest of a person for the commission of a crime as defined in section 24-4.1-302 (1) that is a felony.
(3) As used in this section, “identifying information” means a person’s name, address, birth date, social security number, or driver’s license or Colorado identification number.

§ 18-8-112. Impersonating a peace officer

(1) A person who falsely pretends to be a peace officer and performs an act in that pretended capacity commits impersonating a peace officer.
(2) Impersonating a peace officer is a class 6 felony.

§ 18-8-113. Impersonating a public servant

(1) A person commits impersonating a public servant if he falsely pretends to be a public servant other than a peace officer and performs any act in that pretended capacity.
(2) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist.
(3) (Effective until March 1, 2022) Impersonating a public servant is a class 3 misdemeanor.
(3) (Effective March 1, 2022) Impersonating a public servant is a class 2 misdemeanor.

§ 18-8-114. Abuse of public records

(1) [This version of the introductory portion to subsection (1) is effective until March 1, 2022.] A person commits a class 1 misdemeanor if:
(1) [This version of the introductory portion to subsection (1) is effective March 1, 2022.] A person commits a class 2 misdemeanor if:
(a) The person knowingly makes a false entry in or falsely alters any public record; or
(b) Knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs the availability of any public record; or
(c) Knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person’s possession upon proper request of any person lawfully entitled to receive such record; or
(d) Knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record.
(2) As used in this section, the term “public record” includes all official books, papers, or records created, received, or used by or in any governmental office or agency.

§ 18-8-115. Duty to report a crime - liability for disclosure

It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities. Notwithstanding any other provision of the law to the contrary, a corporation or person may disclose information concerning a suspected crime to other persons or corporations for the purpose of giving notice of the possibility that other such criminal conduct may be attempted which may affect the persons or corporations notified. When acting in good faith, such corporation or person shall be immune from any civil liability for such reporting or disclosure. This duty shall exist notwithstanding any other provision of the law to the contrary; except that this section shall not require disclosure of any communication privileged by law.

§ 18-8-116. Disarming a peace officer

(1) A person commits disarming a peace officer if he or she knowingly, without justification and without consent, removes the firearm or self-defense electronic control device, direct-contact stun device, or other similar device of a peace officer who is acting under color of his or her official authority.
(2) Disarming a peace officer is a class 5 felony.
(3) The term “peace officer” as used in this section 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.

§ 18-8-117. Unlawful sale of publicly provided services or appointments - definitions

(1) A person commits an unlawful sale of public services if the person does any of the following with respect to a government service or an appointment to receive a government service and if a government entity makes the service or appointment publicly available without charge:
(a) The person reserves or obtains the service or appointment, and the person sells the service or appointment;
(b) The person reserves or obtains, with the intent to sell, the service or appointment;
(c) The person reserves or obtains the service or appointment, and the person appends the service or appointment to another good or service the person offers for sale; or
(d) The person falsely represents to the potential customer that the person has obtained or secured the service or appointment, and the person attempts to sell the service or appointment.
(2) This section does not apply when the person:
(a) Has consent from the government entity to sell the specific service or appointment obtained or reserved; or
(b) Is obtaining and selling or offering to sell only information.
(3) [This version of subsection (3) is effective until March 1, 2022.] Unlawful sale of public services is a class 1 misdemeanor, as defined in section 18-1.3-501.
(3) [This version of subsection (3) is effective March 1, 2022.] Unlawful sale of public services is a class 2 misdemeanor, as defined in section 18-1.3-501.
(4) As used in this section, “government entity” means the state of Colorado, a political subdivision of Colorado, or an agency of either the state of Colorado or a political subdivision of Colorado.