C.R.S. Section 18-3-203
Assault in the second degree


(1)

A person commits the crime of assault in the second degree if:

(a)

Repealed.

(b)

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

(c)

With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical care provider, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or

(c.5)

With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person; or

(d)

He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

(e)

For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

(f)

While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, 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, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or while 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, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or 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; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and the sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time is deemed to be in custody.

(f.5)

Intentionally left blank —Ed.

(I)

While lawfully confined in a detention facility within this state, an actor with intent to infect, injure, or harm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including, but not limited to, throwing, tossing, or expelling such fluid or material.

(II)

Repealed.

(III)

Intentionally left blank —Ed.

(A)

As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

(B)

As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.

(g)

With intent to cause bodily injury to another person, he or she causes serious bodily injury to that person or another; or

(h)

With intent to infect, injure, or harm another person whom the actor knows or reasonably should know to be engaged in the performance of his or her duties as a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, he or she causes such person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including by throwing, tossing, or expelling such fluid or material; or

(i)

With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.

(2)

Intentionally left blank —Ed.

(a)

If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

(b)

If assault in the second degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 4 felony.

(b.5)

Assault in the second degree by any person under subsection (1) of this section without the circumstances provided in paragraph (a) of this subsection (2) is a class 3 felony if the person who is assaulted, other than a participant in the crime, suffered serious bodily injury during the commission or attempted commission of or flight from the commission or attempted commission of murder, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child.

(c)

Intentionally left blank —Ed.

(I)

If a defendant is convicted of assault in the second degree pursuant to subsection (2)(b.5) of this section, except with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406. A defendant convicted of assault in the second degree pursuant to paragraph (b.5) of this subsection (2) with respect to sexual assault or sexual assault in the first degree as it existed prior to July 1, 2000, shall be sentenced in accordance with section 18-1.3-401 (8)(e) or (8)(e.5).

(II)

If a defendant is convicted of assault in the second degree pursuant to subsection (1)(b), (1)(c.5), (1)(d), or (1)(g) of this section, the court shall sentence the defendant in accordance with section 18-1.3-406; except that, notwithstanding the provisions of section 18-1.3-406, the court is not required to sentence the defendant to the department of corrections for a mandatory term of incarceration.

(d)

For purposes of determining sudden heat of passion pursuant to subsection (2)(a) of this section, a defendant’s act does not constitute an act performed upon a sudden heat of passion if it results solely from 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.

(3)

Repealed.

Source: Section 18-3-203 — Assault in the second degree, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑3‑101
Definition of terms
18‑3‑102
Murder in the first degree
18‑3‑103
Murder in the second degree - definitions
18‑3‑104
Manslaughter
18‑3‑105
Criminally negligent homicide
18‑3‑106
Vehicular homicide
18‑3‑107
First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration
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
18‑3‑210
Unlawfully aiming a laser device at an aircraft - definitions
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
18‑3‑401
Definitions
18‑3‑402
Sexual assault
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
18‑3‑407
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
18‑3‑407.9
Forensic nurse examiners - telehealth program - creation - appropriation
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
18‑3‑414
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
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
18‑3‑505
Human trafficking council - created - duties - repeal
18‑3‑601
Legislative declaration
18‑3‑602
Stalking - penalty - definitions - Vonnie’s law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-3-203’s source at colorado​.gov