2020 Colorado Revised Statutes
Title 18 - Criminal Code
Article 1. Provisions Applicable to Offenses Generally
Section 18-1-707. Use of force by peace officers - definitions - repeal.

(1) Peace officers, in carrying out their duties, shall apply nonviolent means, when possible, before resorting to the use of physical force. A peace officer may use physical force only if nonviolent means would be ineffective in effecting an arrest, preventing an escape, or preventing an imminent threat of serious bodily injury or death to the peace officer or another person.

(2) When physical force is used, a peace officer shall:

1. Not use deadly physical force to apprehend a person who is suspected of only aminor or nonviolent offense;

2. Use only a degree of force consistent with the minimization of injury to others;

3. Ensure that assistance and medical aid are rendered to any injured or affected personsas soon as practicable; and

4. Ensure that any identified relatives or next of kin of persons who have sustainedserious bodily injury or death are notified as soon as practicable.

(2.5) (a) A peace officer is prohibited from using a chokehold upon another person.

(b) (I) As used in this subsection (2.5), "chokehold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake of air.

(II) "Chokehold" also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.

(3) A peace officer is justified in using deadly physical force to make an arrest only when all other means of apprehension are unreasonable given the circumstances and:

1. The arrest is for a felony involving conduct including the use or threatened use ofdeadly physical force;

2. The suspect poses an immediate threat to the peace officer or another person;(c) The force employed does not create a substantial risk of injury to other persons.

4. A peace officer shall identify himself or herself as a peace officer and give a clearverbal warning of his or her intent to use firearms or other deadly physical force, with sufficient time for the warning to be observed, unless to do so would unduly place peace officers at risk of injury or would create a risk of death or injury to other persons.

(4.5) Notwithstanding any other provision in this section, a peace officer is justified in using deadly force if the peace officer has an objectively reasonable belief that a lesser degree of force is inadequate and the peace officer has objectively reasonable grounds to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving serious bodily injury.

5. Except as provided in subsection (6) of this section, a person who has been directedby a peace officer to assist him to effect an arrest or to prevent an escape from custody is justified in using reasonable and appropriate physical force when and to the extent that he reasonably believes that force to be necessary to carry out the peace officer's direction, unless he knows that the arrest or prospective arrest is not authorized.

6. A person who has been directed to assist a peace officer under circumstances specified in subsection (5) of this section may use deadly physical force to effect an arrest or to prevent an escape only when:

1. He reasonably believes that force to be necessary to defend himself or a third personfrom what he reasonably believes to be the use or imminent use of deadly physical force; or

2. He is directed or authorized by the peace officer to use deadly physical force anddoes not know, if that happens to be the case, that the peace officer himself is not authorized to use deadly physical force under the circumstances.

7. A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest, or to prevent the escape from custody of an arrested person who has committed an offense in his presence; but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

8. A guard or peace officer employed in a detention facility is justified:

1. In using deadly physical force when he reasonably believes it necessary to preventthe escape of a prisoner convicted of, charged with, or held for a felony or confined under the maximum security rules of any detention facility as such facility is defined in subsection (9) of this section;

2. In using reasonable and appropriate physical force, but not deadly physical force, inall other circumstances when and to the extent that he reasonably believes it necessary to prevent what he reasonably believes to be the escape of a prisoner from a detention facility.

9. "Detention facility" as used in subsection (8) of this section means any place maintained for the confinement, pursuant to law, of persons charged with or convicted of an offense, held pursuant to the "Colorado Children's Code", held for extradition, or otherwise confined pursuant to an order of a court.

10. (a) Each law enforcement agency in the state shall train its peace officers on the provisions of subsections (1) to (4.5) of this section, section 18-1-703 (1)(b), and section 18-8802 (1.5) as enacted in Senate Bill 20-217, enacted in 2020, prior to the provisions becoming effective on September 1, 2020.

(b) This subsection (10) is repealed, effective January 1, 2021.

Source: L. 71: R&RE, p. 410, § 1. C.R.S. 1963: § 40-1-807. L. 75: (2)(b) R&RE, p. 616, § 2, effective July 21. L. 2016: IP(1), (3), and (4) amended and (2.5) added, (HB 16-1264), ch. 341, p. 1390, § 1, effective July 1. L. 2020: (2.5) and (3) R&RE and (10) added, (SB 20217), ch. 110, pp. 454, 456, §§ 5, 7, effective June 19; (1), (2), and (4) R&RE and (4.5) added, (SB 20-217), ch. 110, p. 454, § 5, effective September 1.

Cross references: (1) For the "Colorado Children's Code", see title 19.

(2) For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.