§ 18-3-202 — Assault in the first degree

Colorado § 18-3-202

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against the Person

Text

(1) A person commits the crime of
assault in the first degree if:

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

(b) With intent to disfigure another person seriously and permanently, or to
destroy, amputate, or disable permanently a member or organ of his body, he
causes such an injury to any person; or

(c) Under circumstances manifesting extreme indifference to the value of
human life, he knowingly engages in conduct which creates a grave risk of death to
another person, and thereby causes serious bodily injury to any person; or

(d) Repealed.

(e) With intent to cause serious bodily injury upon the person of a peace
officer, firefighter, or emergency medical service provider, he or she threatens with
a deadly weapon a peace officer, firefighter, or emergency medical service provider
engaged in the performance of his or her duties, and the offender knows or
reasonably should know that the victim is a peace officer, firefighter, or emergency
medical service provider acting in the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of
a court of competent jurisdiction or an officer of said court, he threatens with a
deadly weapon a judge of a court of competent jurisdiction or an officer of said
court, and the offender knows or reasonably should know that the victim is a judge
of a court of competent jurisdiction or an officer of said court; or

(f) 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 and with intent to cause serious bodily injury to a
person employed by or under contract with a detention facility, as defined in
section 18-8-203 (3), or to a person 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, he or she
threatens with a deadly weapon such a person engaged in the performance of his or
her duties and the offender knows or reasonably should know that the victim is
such 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. 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 shall be deemed to be in custody.

(g) With the intent to cause serious 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 serious bodily injury.

(2) (a) If assault in the first 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 5 felony.

(b) If assault in the first degree is committed without the circumstances
provided in paragraph (a) of this subsection (2), it is a class 3 felony.

(c) If a defendant is convicted of assault in the first degree pursuant to
subsection (1) of this section, the court shall sentence the defendant in accordance
with the provisions of section 18-1.3-406.

(d) Repealed.

(e) 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.

Legislative History

Source: L. 71: R&RE, p. 420, � 1. C.R.S. 1963: � 40-3-202. L. 75: (1)(d) amended, p. 632, � 6, effective July 1; (1)(a) amended, p. 618, � 7, effective July 21. L. 76, Ex. Sess.: (1)(f) added, p. 8, � 1, effective September 18. L. 77: (1)(c) amended, p. 961, � 9, effective July 1. L. 79: (2) R&RE, p. 732, � 1, effective May 18. L. 81: (1)(d) R&RE, p. 973, � 6, effective July 1. L. 86: (1)(d) amended, p. 770, � 5, effective July 1; (1)(f) amended, p. 789, � 1, effective July 1; (2)(c) and (2)(d) added, p. 776, � 2, effective July 1. L. 90: (1)(f) amended, p. 991, � 1, effective April 5; (1)(e.5) added and (2)(c) amended, p. 986, �� 7, 8, effective April 24. L. 94: (1)(f) amended, p. 2655, � 137, effective July 1. L. 95: (1)(d) and (2)(d) repealed, p. 1250, � 6, effective July 1. L. 97: (2)(a) amended, p. 1544, � 13, effective July 1; (1)(e) amended, p. 1011, � 15, effective August 6. L. 98: (2)(c) amended, p. 1441, � 25, effective July 1. L. 2002: (2)(c) amended, p. 1512, � 186, effective October 1. L. 2003: (1)(f) amended, p. 1430, � 16, effective April 29. L. 2014: (1)(e) amended, (HB 14-1214), ch. 336, p. 1496, � 5, effective August 6. L. 2015: (3) added, (SB 15-005), ch. 108, p. 314, � 1, effective July 1; (3)(d) repealed, (SB 15-126), ch. 109, p. 318, � 3, effective July 1. L. 2016: (1)(g) added, (HB 16-1080), ch. 327, p. 1327, � 1, effective July 1; (3) repealed, (HB 16-1393), ch. 304, p. 1226, � 3, effective July 1. L. 2020: (2)(e) added, (SB 20-221), ch. 279, p. 1369, � 8, effective July 13.