2022 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 4 - Abuse of Public Office
§ 18-8-403. Official Oppression

Universal Citation: CO Code § 18-8-403 (2022)
  1. A public servant, while acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, commits official oppression if, with actual knowledge that his conduct is illegal, he:
    1. Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, or lien; or
    2. Has legal authority and jurisdiction of any person legally restrained of his liberty and denies the person restrained the reasonable opportunity to consult in private with a licensed attorney-at-law, if there is no danger of imminent escape and the person in custody expresses a desire to consult with such attorney.
  2. [ Editor's note: This version of subsection (2) is effective until March 1, 2022.] Official oppression is a class 2 misdemeanor.

    (2) [ Editor's note: This version of subsection (2) is effective March 1, 2022. ] Official oppression is a class 1 misdemeanor.

Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-403. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3200, § 296, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the duty of officers to admit an attorney, see § 16-3-404.

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