ARTICLE 3 OFFENSES AGAINST THE PERSON

JurisdictionColorado
ARTICLE 3 Offenses Against the Person

Editor's note: This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.

PART 2
ASSAULTS

18-3-201. Definitions.

18-3-202. Assault in the first degree.

18-3-203. Assault in the second degree.

18-3-204. Assault in the third degree.

18-3-205. Vehicular assault.

18-3-206. Menacing.

18-3-207. Criminal extortion - aggravated extortion.

18-3-208. Reckless endangerment.

18-3-209. Assault on the elderly or persons with disabilities - legislative declaration. (Repealed)

PART 3
KIDNAPPING

18-3-301. First degree kidnapping.

18-3-302. Second degree kidnapping.

18-3-303. False imprisonment.

18-3-304. Violation of custody order or order relating to parental responsibilities.

18-3-305. Enticement of a child.

18-3-306. Internet luring of a child.

PART 4
UNLAWFUL SEXUAL BEHAVIOR

18-3-401. Definitions.

18-3-402. Sexual assault.

18-3-403. Sexual assault in the second degree. (Repealed)

18-3-404. Unlawful sexual contact.

18-3-405. Sexual assault on a child.

18-3-405.3. Sexual assault on a child by one in a position of trust.

18-3-405.4. Internet sexual exploitation of a child.

18-3-405.5. Sexual assault on a client by a psychotherapist - definitions.

18-3-405.6. Invasion of privacy for sexual gratification.

18-3-405.7. Unlawful sexual conduct by a peace officer - definition.

18-3-406. Criminality of conduct. (Repealed)

18-3-407. Victim's and witness's prior history - evidentiary hearing - victim's identity - protective order.

18-3-407.5. Victim evidence - forensic evidence - electronic lie detector exam without victim's consent prohibited.

18-3-407.7. Sexual assault victim emergency payment program - creation - eligibility.

18-3-408. Jury instruction prohibited.

18-3-408.5. Jury instruction on consent - when required.

18-3-409. Marital defense.

18-3-410. Medical exception.

18-3-411. Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition.

18-3-412. Habitual sex offenders against children - indictment or information - verdict of the jury.

18-3-412.5. Failure to register as a sex offender.

18-3-412.6. Failure to verify location as a sex offender.

18-3-413. Video tape depositions - children - victims of sexual offenses.

18-3-413.5. Use of closed circuit television - child victims of sexual offenses. (Repealed)

18-3-414. Payment of treatment costs for the victim or victims of a sexual offense against a child.

18-3-414.5. Sexually violent predators - assessment - annual report - definitions.

18-3-415. Testing for persons charged with sexual offense.

18-3-415.5. Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing.

18-3-416. Reports of convictions to department of education.

18-3-417. Reports of sexual assault by applicants, registrants, or licensed professionals.

18-3-418. Unlawful electronic sexual communication - person in a position of trust - definitions.

PART 5
HUMAN TRAFFICKING AND SLAVERY

18-3-501. Legislative declaration.

18-3-502. Definitions.

18-3-503. Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude.

18-3-504. Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude.

PART 6
STALKING

18-3-601. Legislative declaration.

18-3-602. Stalking - penalty - definitions - Vonnie's law.

PART 2
ASSAULTS

■ 18-3-201. Definitions. As used in sections 18-3-201 to 18-3-204, unless the context otherwise requires:

(1) "Emergency medical care provider" means a doctor, intern, nurse, nurse's aide, physician's assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health care facility staff or security force who is involved in providing emergency medical care at a hospital or health care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103 (1) and (1.5), C.R.S.

(1.3) "Emergency medical service provider" has the same meaning as set forth in section 25-3.5-103 (8), C.R.S. The term refers to both paid and volunteer emergency medical service providers.

(1.5) "Firefighter" means an officer or member of a fire department or fire protection or fire-fighting agency of the state, or any municipal or quasi-municipal corporation in this state, whether that person is a volunteer or receives compensation for services rendered as such firefighter.

(1.6) "Gender identity" and "gender expression" have the same meaning as in section 18-1-901 (3)(h.5).

(1.7) "Intimate relationship" has the same meaning as in section 18-6-800.3.

(2) "Peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties" means a peace officer, as described in section 16-2.5-101, C.R.S., a firefighter, or an emergency medical service provider, who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, firefighter, or emergency medical service provider, whether or not the peace officer, firefighter, or emergency medical service provider is within the territorial limits of his or her jurisdiction, if the peace officer, firefighter, or emergency medical service provider is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, firefighter, or emergency medical service provider knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider. For the purposes of this subsection (2) and this part 2, the term "peace officer" includes county enforcement personnel designated pursuant to section 29-7-101 (3), C.R.S.

(3) "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).

Source: L. 71: R&RE, p. 419, § 1. C.R.S. 1963: § 40-3-201. L. 96: (2) amended, p. 588, § 2, effective May 1. L. 97: Entire section amended, p. 1011, § 14, effective August 6. L. 2003: (2) amended, p. 1628, § 62, effective August 6. L. 2014: Entire section amended, (HB 14-1214), ch. 336, p. 1496, § 4, effective August 6. L. 2015: (1) amended and (1.3) added, (SB 15-126), ch. 109, p. 319, § 4, effective July 1; IP amended, (SB 15-067), ch. 337, p. 1366, § 1, effective September 1. L. 2020: (1.6), (1.7), and (3) added, (SB 20-221), ch. 279, p. 1368, § 7, effective July 13.

Cross references: For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.

ANNOTATION

Off-duty peace officer included. An off-duty peace officer may be a "peace officer or fireman engaged in the performance of his duties" as defined in this section. People v. Rael, 198 Colo. 225, 597 P.2d 584 (1979).

Paramedic employed by the fire department included. Definition of "peace officer or firefighter engaged in the performance of his or her duties" includes a paramedic employed by the fire department to respond to such emergencies as medical calls, fire calls, and car accidents. People v. Montoya, 104 P.3d 303 (Colo. App. 2004).

Applied in People v. Mason, 632 P.2d 616 (Colo. App. 1981).

■ 18-3-202. Assault in the first degree. (1) A person commits the crime of assault in the first degree if:

(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or

(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or

(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or

(d) Repealed.

(e) With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or

(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work...

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