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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Resisting Arrest Definition

Resisting Arrest, C.R.S. 18-8-103

(1) A person commits resisting arrest if he or she knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:

(a) Using or threatening to use physical force or violence against the peace officer or another

(b) Using any other means that creates a substantial risk of causing bodily injury to the peace officer or another

(2) It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest, which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest, he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts “under color of his official authority” when, in the regular course of assigned duties, he or she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.

(3) The term “peace officer” as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself or herself by exhibiting his or her credentials as such a peace officer to the person whose arrest is attempted.

(4) Resisting arrest is a class 2 misdemeanor.

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