Colorado criminal charge
Attempt to escape in Colorado
Attempt to escape is a criminal offense under Colorado law, defined by C.R.S. § 18-8-208.1. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-8-208.1.
What is the penalty for attempt to escape in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Attempt to escape from custody following felony conviction — A person in custody or confinement following conviction of a felony who knowingly attempts to escape, unless subsection (1.5) applies.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Attempt to escape from custody following felony conviction — A person in custody or confinement following conviction of a felony who knowingly attempts to escape, unless subsection (1.5) applies.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Attempt to escape from custody following felony conviction — A person in custody or confinement following conviction of a felony who knowingly attempts to escape, unless subsection (1.5) applies.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Attempt to escape while held for or charged with but not convicted of a felony — A person in custody or confinement, held for or charged with but not convicted of a felony, who knowingly attempts to escape.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Attempt to escape while held for or charged with but not convicted of a felony — A person in custody or confinement, held for or charged with but not convicted of a felony, who knowingly attempts to escape.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Attempt to escape while held for or charged with but not convicted of a felony — A person in custody or confinement, held for or charged with but not convicted of a felony, who knowingly attempts to escape.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Attempt to escape from custody following misdemeanor or petty offense conviction — A person in custody or confinement following conviction of a misdemeanor or petty offense who knowingly attempts to escape.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Attempt to escape from custody following misdemeanor or petty offense conviction — A person in custody or confinement following conviction of a misdemeanor or petty offense who knowingly attempts to escape.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 10 days (no statutory minimum) (Attempt to escape while held for or charged with but not convicted of a misdemeanor or petty offense — A person in custody or confinement, held for or charged with but not convicted of a misdemeanor or petty offense, who knowingly attempts to escape.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Attempt to escape while held for or charged with but not convicted of a misdemeanor or petty offense — A person in custody or confinement, held for or charged with but not convicted of a misdemeanor or petty offense, who knowingly attempts to escape.) | discretionary | C.R.S. § 18-1.3-503 |
Applies to offenses on/after 2018-07-01.
How is attempt to escape classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt to escape from custody following felony conviction | class 4 felony | A person in custody or confinement following conviction of a felony who knowingly attempts to escape, unless subsection (1.5) applies. | 18-8-208.1(1) |
| Attempt to escape while held for or charged with but not convicted of a felony | class 5 felony | A person in custody or confinement, held for or charged with but not convicted of a felony, who knowingly attempts to escape. | 18-8-208.1(2) |
| Attempt to escape from custody following misdemeanor or petty offense conviction | class 2 misdemeanor | A person in custody or confinement following conviction of a misdemeanor or petty offense who knowingly attempts to escape. | 18-8-208.1(3) |
| Attempt to escape while held for or charged with but not convicted of a misdemeanor or petty offense | petty offense | A person in custody or confinement, held for or charged with but not convicted of a misdemeanor or petty offense, who knowingly attempts to escape. | 18-8-208.1(4) |
Common questions about attempt to escape in Colorado
Is attempt to escape a felony or a misdemeanor in Colorado?
It depends on the circumstances: attempt to escape ranges from a petty offense to a class 4 felony in Colorado under C.R.S. § 18-8-208.1.
Attempt to escape from custody following felony conviction: class 4 felony (C.R.S. § 18-8-208.1(1)) · Attempt to escape while held for or charged with but not convicted of a felony: class 5 felony (C.R.S. § 18-8-208.1(2)) · Attempt to escape from custody following misdemeanor or petty offense conviction: class 2 misdemeanor (C.R.S. § 18-8-208.1(3)) · Attempt to escape while held for or charged with but not convicted of a misdemeanor or petty offense: petty offense (C.R.S. § 18-8-208.1(4))
What are the penalties for attempt to escape in Colorado?
Penalties for attempt to escape in Colorado depend on how it is classified — from a petty offense up to a class 4 felony — with the ranges set by C.R.S. § 18-1.3-401, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-503; the full table of ranges by variant is published on this page.
Which Colorado statute covers attempt to escape?
Attempt to escape is governed by C.R.S. § 18-8-208.1 (Attempt to escape).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.