Colorado criminal charge
Failure or refusal to leave premises or property upon request of a peace officer in Colorado
Failure or refusal to leave premises or property upon request of a peace officer is a criminal offense under Colorado law, defined by C.R.S. § 18-9-119. 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. § 18-9-119.
What is the penalty for failure or refusal to leave premises or property upon request of a peace officer in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 120 days (Barricading/refusing to leave premises — A person barricades or refuses police entry using or threatening force and knowingly refuses to leave premises when requested by a peace officer who has probable cause the person is committing a crime and is a danger to self or others.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Barricading/refusing to leave premises — A person barricades or refuses police entry using or threatening force and knowingly refuses to leave premises when requested by a peace officer who has probable cause the person is committing a crime and is a danger to self or others.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (Violation of (2) with confinement/detention without weapon — In the same criminal episode as a violation of subsection (2), the person knowingly holds another hostage or confines/detains them without consent, without legal authority, and without use of a deadly weapon.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Violation of (2) with confinement/detention without weapon — In the same criminal episode as a violation of subsection (2), the person knowingly holds another hostage or confines/detains them without consent, without legal authority, and without use of a deadly weapon.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (Violation of (2) or (3) causing belief of deadly weapon possession — In the same criminal episode as a violation of subsection (2) or (3), the person recklessly or knowingly causes a peace officer to believe he possesses a deadly weapon.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Violation of (2) or (3) causing belief of deadly weapon possession — In the same criminal episode as a violation of subsection (2) or (3), the person recklessly or knowingly causes a peace officer to believe he possesses a deadly weapon.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 4 years to 12 years (Violation of (2) with hostage-taking using deadly weapon — In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them through possession, use, or threatened use of a deadly weapon without consent or legal authority.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Violation of (2) with hostage-taking using deadly weapon — In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them through possession, use, or threatened use of a deadly weapon without consent or legal authority.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Violation of (2) with hostage-taking using deadly weapon — In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them through possession, use, or threatened use of a deadly weapon without consent or legal authority.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Violation of (2) with hostage-taking by causing belief of deadly weapon possession — In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them by knowingly causing that person to reasonably believe the perpetrator possesses a deadly weapon.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Violation of (2) with hostage-taking by causing belief of deadly weapon possession — In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them by knowingly causing that person to reasonably believe the perpetrator possesses a deadly weapon.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Violation of (2) with hostage-taking by causing belief of deadly weapon possession — In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them by knowingly causing that person to reasonably believe the perpetrator possesses a deadly weapon.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is failure or refusal to leave premises or property upon request of a peace officer classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Barricading/refusing to leave premises | Class 2 Misdemeanor | A person barricades or refuses police entry using or threatening force and knowingly refuses to leave premises when requested by a peace officer who has probable cause the person is committing a crime and is a danger to self or others. | 18-9-119(2) |
| Violation of (2) with confinement/detention without weapon | Class 1 Misdemeanor | In the same criminal episode as a violation of subsection (2), the person knowingly holds another hostage or confines/detains them without consent, without legal authority, and without use of a deadly weapon. | 18-9-119(3) |
| Violation of (2) or (3) causing belief of deadly weapon possession | Class 1 Misdemeanor | In the same criminal episode as a violation of subsection (2) or (3), the person recklessly or knowingly causes a peace officer to believe he possesses a deadly weapon. | 18-9-119(4) |
| Violation of (2) with hostage-taking using deadly weapon | Class 3 Felony | In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them through possession, use, or threatened use of a deadly weapon without consent or legal authority. | 18-9-119(5) |
| Violation of (2) with hostage-taking by causing belief of deadly weapon possession | Class 4 Felony | In the same criminal episode as a violation of subsection (2), the person holds another hostage or confines/detains them by knowingly causing that person to reasonably believe the perpetrator possesses a deadly weapon. | 18-9-119(7) |
Common questions about failure or refusal to leave premises or property upon request of a peace officer in Colorado
Is failure or refusal to leave premises or property upon request of a peace officer a felony or a misdemeanor in Colorado?
It depends on the circumstances: failure or refusal to leave premises or property upon request of a peace officer ranges from a Class 2 Misdemeanor to a Class 3 Felony in Colorado under C.R.S. § 18-9-119.
Barricading/refusing to leave premises: Class 2 Misdemeanor (C.R.S. § 18-9-119(2)) · Violation of (2) with confinement/detention without weapon: Class 1 Misdemeanor (C.R.S. § 18-9-119(3)) · Violation of (2) or (3) causing belief of deadly weapon possession: Class 1 Misdemeanor (C.R.S. § 18-9-119(4)) · Violation of (2) with hostage-taking using deadly weapon: Class 3 Felony (C.R.S. § 18-9-119(5)) · Violation of (2) with hostage-taking by causing belief of deadly weapon possession: Class 4 Felony (C.R.S. § 18-9-119(7))
What are the penalties for failure or refusal to leave premises or property upon request of a peace officer in Colorado?
Penalties for failure or refusal to leave premises or property upon request of a peace officer in Colorado depend on how it is classified — from a Class 2 Misdemeanor up to a Class 3 Felony — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers failure or refusal to leave premises or property upon request of a peace officer?
Failure or refusal to leave premises or property upon request of a peace officer is governed by C.R.S. § 18-9-119 (Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs).
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.