C.R.S. Section 18-1-704
Use of physical force in defense of a person

  • definitions

(1)

Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

(2)

Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

(a)

The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or

(b)

The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or

(c)

The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

(3)

Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:

(a)

With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or

(b)

He or she is the initial aggressor; except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force;

(c)

The physical force involved is the product of a combat by agreement not specifically authorized by law; or

(d)

The use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant. Nothing in this subsection (3)(d) precludes the admission of evidence, which is otherwise admissible, of a victim’s or witness’s conduct, behavior, or statements.

(4)

In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.

(5)

As used in this section, unless the context otherwise requires:

(a)

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

(b)

“Intimate relationship” has the same meaning as in section 18-6-800.3.

(c)

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

Source: Section 18-1-704 — Use of physical force in defense of a person - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18–1–101
Citation of title 18 18–1–102
Purpose of code, statutory construction 18–1–102.5
Purposes of code with respect to sentencing 18–1–103
Scope and application of code 18–1–104
“Offense” defined - offenses classified - common-law crimes abolished 18–1–201
State jurisdiction 18–1–202
Place of trial - applicability 18–1–301
Second trial barred by former prosecution for same offense 18–1–302
Second trial barred by former prosecution for different offense 18–1–303
Second trial barred by prosecution in another jurisdiction 18–1–304
Former prosecution not a bar 18–1–401
Purpose 18–1–402
Presumption of innocence 18–1–403
Legal assistance and supporting services 18–1–404
Preliminary hearing or waiver - dispositional hearing 18–1–405
Speedy trial - definition 18–1–406
Right to jury trial 18–1–407
Affirmative defense 18–1–408
Prosecution of multiple counts for same act 18–1–409
Appellate review of sentence for a felony 18–1–410
Postconviction remedy 18–1–410.5
Relief from improperly entered guilty pleas - legislative declaration 18–1–410.6
Relief from improperly entered guilty pleas for certain misdemeanor and municipal offenses - legislative declaration 18–1–411
Postconviction testing of DNA - definitions 18–1–412
Procedure for application for DNA testing - appointment of counsel 18–1–413
Content of application for DNA testing 18–1–414
Preservation of evidence 18–1–415
Testing - payment 18–1–416
Results of the DNA test 18–1–417
Ineffective assistance of counsel claims - waiver of confidentiality 18–1–501
Definitions 18–1–502
Requirements for criminal liability in general and for offenses of strict liability and of mental culpability 18–1–503
Construction of statutes with respect to culpability requirements 18–1–503.5
Principles of criminal culpability 18–1–504
Effect of ignorance or mistake upon culpability 18–1–505
Consent 18–1–601
Liability based upon behavior 18–1–602
Behavior of another 18–1–603
Complicity 18–1–604
Exemptions from liability based upon behavior of another 18–1–605
Liability based on behavior of another - no defense 18–1–606
Criminal liability of business entities - definitions 18–1–607
Criminal liability of an individual for corporate conduct 18–1–701
Execution of public duty 18–1–702
Choice of evils 18–1–703
Use of physical force - special relationships 18–1–704
Use of physical force in defense of a person - definitions 18–1–704.5
Use of deadly physical force against an intruder 18–1–705
Use of physical force in defense of premises 18–1–706
Use of physical force in defense of property 18–1–706.5
Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle 18–1–707
Use of force by peace officers - definitions 18–1–708
Duress 18–1–709
Entrapment 18–1–710
Affirmative defense 18–1–711
Immunity for persons who suffer or report an emergency drug or alcohol overdose event - definitions - repeal 18–1–712
Immunity for a person who administers an opiate antagonist during an opiate-related drug overdose event - definitions 18–1–712.5
Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition 18–1–713
Victims of human trafficking of a minor for involuntary servitude or sexual servitude - affirmative defenses 18–1–714
Protective hearing - victim’s, defendant’s, or witness’s gender identity, gender expression, or sexual orientation - definitions 18–1–801
Insufficient age 18–1–802
Insanity 18–1–803
Impaired mental condition 18–1–804
Intoxication 18–1–805
Responsibility - affirmative defense 18–1–901
Definitions 18–1–1001
Protection order against defendant - definitions 18–1–1001.5
Protection order against defendant - transfer of wireless telephone service in domestic violence cases - definitions 18–1–1002
Criminal contempt proceedings - notice to district attorney 18–1–1101
Definitions 18–1–1102
Scope 18–1–1103
Duty to preserve DNA evidence 18–1–1104
Manner and location of preservation of DNA evidence 18–1–1105
Law enforcement agency request for permission to dispose of evidence - procedures 18–1–1106
Defendant request for disposition of or waiver of preservation of DNA evidence - procedures 18–1–1107
Victim request for disposition of DNA evidence - procedures 18–1–1108
Notice - form and sufficiency
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1-704’s source at colorado​.gov