Go to Previous Versions of this Section
  1. 2024 Colorado Rev. Stat. (here)
  2. 2023 Colorado Rev. Stat.
  3. 2022 Colorado Rev. Stat.
  4. View All Versions

2024 Colorado Revised Statutes
Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102)
Article 8 - Offenses - Governmental Operations (§§ 18-8-101 — 18-8-805)
Part 2 - ESCAPE AND OFFENSES RELATING TO CUSTODY (§§ 18-8-201 — 18-8-213)
Section 18-8-208 - Escapes

Universal Citation:
CO Rev Stat § 18-8-208 (2024)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Previous Next

  • (1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
  • (2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
  • (3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.
  • (4) A person commits a class 2 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
  • (4.5) A person commits a class 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
  • (5) A person commits a petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
  • (6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16:
    • (a) Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
    • (b) Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
    • (c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.
  • (7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.
  • (8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S.
  • (9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section.
  • (10) Repealed.
  • (11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.

Amended by 2021 Ch. 462, § 289, eff. 3/1/2022.

Amended by 2021 Ch. 136, § 51, eff. 10/1/2021.

Amended by 2020 Ch. 9, § 8, eff. 3/6/2020.

Amended by 2017 Ch. 381, § 26, eff. 6/6/2017.

Amended by 2013 Ch. 333, § 34, eff. 10/1/2013.

Amended by 2013 Ch. 272, § 9, eff. 7/1/2013.

L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-208. L. 75: (6) and (7) added, p. 638, § 1, effective May 22. L. 77: (8) added, p. 988, § 1, effective May 26; (1) to (5) and IP(6) amended, p. 966, § 43, effective July 1. L. 78: (8) amended, p. 263, § 50, effective May 23. L. 81: (1), (2), and (4) amended, p. 1008, § 1, effective June 12. L. 95: (9) added, p. 1255, § 16, effective July 1. L. 96: (9) amended, p. 1843, § 10, effective July 1; (10) added, p. 1682, § 7, effective 1/1/1997. L. 2000: (4) and (5) amended, p. 692, § 1, effective July 1. L. 2002: (9) amended, p. 1516, § 202, effective October 1. L. 2013: (4.5) added, (9) amended, and (10) repealed, (SB 13-229), ch. 1430, p. 1430, § 9, effective July 1; (11) added, (SB 13-250), ch. 1925, p. 1925, § 34, effective October 1. L. 2017: (4.5) amended, (HB 17-1329), ch. 1972, p. 1972, § 26, effective June 6. L. 2020: (11) amended, (HB 20 -1019), ch. 26, p. 26, § 8, effective March 6. L. 2021: (4.5) and (11) amended, (SB 21-059), ch. 723, p. 723, § 51, effective October 1; (4), (4.5), (5), IP(6),(6)(a), and (6)(b) amended, (SB 21-271), ch. 3198, p. 3198, § 289, effective 3/1/2022.

Amendments to subsection (4.5) by SB 21-059 and SB 21-271 were harmonized, effective March 1, 2022.

2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

(1) For absence from supervision constituting escape by a defendant conditionally released after verdict of not guilty by reason of insanity or by reason of impaired mental condition, see § 16-8-115 (3)(c); for failure to remain at or return to a community correctional facility constituting escape, see § 17-27-106. (2) For the legislative declaration contained in the 2002 act amending subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002.

Previous Next
Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.