(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.
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 20-217), 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. L. 2021: (1) and (3)(b) amended, (HB 21-1250), ch. 458, p. 3063, § 8, effective July 6; (1.5) added, (HB 21-1251), ch. 450, p. 2959, § 3, effective July 6.
Editor's note: Subsection (10)(b) provided for the repeal of subsection (10), effective January 1, 2021. (See L. 2020, p. 456 .)
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.
Structure Colorado Code
Article 1 - Provisions Applicable to Offenses Generally
Part 7 - Justification and Exemptions From Criminal Responsibility
§ 18-1-701. Execution of Public Duty
§ 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
§ 18-1-707. Use of Force by Peace Officers - Definitions