(4) [ Editor's note: This version of subsection (4) is effective March 1, 2022. ] 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) [ Editor's note: This version of subsection (4.5) is effective until March 1, 2022. ] A person commits a class 3 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.
(4.5) [ Editor's note: This version of subsection (4.5) is effective March 1, 2022. ] 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) [ Editor's note: This version of subsection (5) is effective March 1, 2022. ] 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) [ Editor's note: This version of the introductory portion to subsection (6) is effective March 1, 2022. ] A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16:
(a) [ Editor's note: This version of subsection (6)(a) is effective March 1, 2022. ] Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(b) [ Editor's note: This version of subsection (6)(b) is effective March 1, 2022. ] 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;
Source: 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 January 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. 272, p. 1430, § 9, effective July 1; (11) added, (SB 13-250), ch. 333, p. 1925, § 34, effective October 1. L. 2017: (4.5) amended, (HB 17-1329), ch. 381, p. 1972, § 26, effective June 6. L. 2020: (11) amended, (HB 20-1019), ch. 9, p. 26, § 8, effective March 6. L. 2021: (4.5) and (11) amended, (SB 21-059), ch. 136, p. 723, § 51, effective October 1; (4), (4.5), (5), IP(6),(6)(a), and (6)(b) amended, (SB 21-271), ch. 462, p. 3198, § 289, effective March 1, 2022.
Cross references: (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.
Structure Colorado Code
Article 8 - Offenses - Governmental Operations
Part 2 - Escape and Offenses Relating to Custody
§ 18-8-202. Inducing Prisoners to Absent Selves - Repeal
§ 18-8-203. Introducing Contraband in the First Degree
§ 18-8-204. Introducing Contraband in the Second Degree - Definition
§ 18-8-204.1. Possession of Contraband in the First Degree - Repeal
§ 18-8-204.2. Possession of Contraband in the Second Degree
§ 18-8-205. Aiding Escape From Civil Process - Repeal
§ 18-8-206. Assault During Escape
§ 18-8-208.1. Attempt to Escape
§ 18-8-208.2. Unauthorized Absence
§ 18-8-209. Concurrent and Consecutive Sentences
§ 18-8-210. Persons in Custody or Confinement for Unclassified Offenses - Repeal
§ 18-8-210.1. Persons in Custody or Confinement - Juvenile Offenders
§ 18-8-210.2. Persons in Custody or Confinement
§ 18-8-211. Riots in Detention Facilities
§ 18-8-212. Violation of Bail Bond Conditions
§ 18-8-213. Unauthorized Residency by an Adult Offender From Another State