§ 18-1-703 — Use of physical force - special relationships

Colorado § 18-1-703

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Provisions Applicable to

Text

(1) The use of
physical force upon another person that would otherwise constitute an offense is
justifiable and not criminal under any of the following circumstances:

(a) A parent, guardian, or other person entrusted with the care and
supervision of a minor or an incompetent person, and a teacher or other person
entrusted with the care and supervision of a minor, may use reasonable and
appropriate physical force upon the minor or incompetent person when and to the
extent it is reasonably necessary and appropriate to maintain discipline or promote
the welfare of the minor or incompetent person.

(b) A superintendent or other authorized official of a jail, prison, or
correctional institution may, in order to maintain order and discipline, use
objectively reasonable and appropriate physical force when and to the extent that
he or she reasonably believes it necessary to maintain order and discipline, but he
or she may use deadly physical force only when he or she objectively reasonably
believes the inmate poses an immediate threat to the person using deadly force or
another person.

(c) A person responsible for the maintenance of order in a common carrier of
passengers, or a person acting under his direction, may use reasonable and
appropriate physical force when and to the extent that it is necessary to maintain
order and discipline, but he may use deadly physical force only when it is
reasonably necessary to prevent death or serious bodily injury.

(d) A person acting under a reasonable belief that another person is about to
commit suicide or to inflict serious bodily injury upon himself may use reasonable
and appropriate physical force upon that person to the extent that it is reasonably
necessary to thwart the result.

(e) A duly licensed physician, advanced practice registered nurse, or a
person acting under his or her direction, may use reasonable and appropriate
physical force for the purpose of administering a recognized form of treatment that
he or she reasonably believes to be adapted to promoting the physical or mental
health of the patient if:

(I) The treatment is administered with the consent of the patient, or if the
patient is a minor or an incompetent person, with the consent of his parent,
guardian, or other person entrusted with his care and supervision; or

(II) The treatment is administered in an emergency when the physician or
advanced practice registered nurse reasonably believes that no one competent to
consent can be consulted and that a reasonable person, wishing to safeguard the
welfare of the patient, would consent.

Legislative History

Source: L. 71: R&RE, p. 408, � 1. C.R.S. 1963: � 40-1-803. L. 76: (1)(b) amended, p. 534, � 15, effective April 9. L. 81: (1)(b) to (1)(d) amended, p. 980, � 2, effective May 13. L. 2008: IP(1)(e) and (1)(e)(II) amended, p. 128, � 8, effective January 1, 2009. L. 2020: IP(1) and (1)(b) amended, (SB 20-217), ch. 110, p. 453, � 4, effective September 1.