Colorado’s “Make My Day“ law allows you to use force and even deadly force against an intruder in your home who you reasonably believe is committing a crime and posing a physical danger. This law applies even when you are a house guest or in a hotel room.
The Make My Day law is codified in Colorado Revised Statutes 18-1-704.5. There is no duty to retreat in your home, even if you could flee without harming anyone.
Colorado’s Make My Day law provides stronger protection than the state’s regular self-defense laws. You can still “stand your ground” outside of a home, but the bar is much higher for using deadly force.
“Make My Day” Elements
Colorado’s Make My Day law has three elements that must be met for you to hurt or kill an intruder lawfully.
- The intruder illegally enters a home (“dwelling”);
- You have reasonable grounds to believe that the intruder committed or intends to commit a crime in the home (other than the intrusion); and
- You have reasonable grounds to believe the intruder may use any degree of physical force against you or another occupant in the home.
Note that the Make My Day law applies to any home, including RV trailers and hotel rooms. However, it does not include the common area of an apartment building. The intruder would have to unlawfully enter an actual apartment for you as an occupant to be protected under the Make My Day law.
Also note that there is no requirement that the intruder break in. As an occupant, you can still kill intruders who enter through an unlocked door or open window.1
Finally, note that the Make My Day law is not only a defense you can use if your case goes to trial: It also provides immunity from being criminally or civilly charged in the first place. Colorado courts may dismiss any pending charges against you if you can establish that you acted in full accordance with the Make My Day law.2
No Duty to Retreat
Colorado law does not impose a duty to retreat when you are in a home and a seemingly dangerous intruder enters. This is true even when you can easily escape through a door or window.
Therefore, you may “stand your ground” to fight and even kill the intruder.3
The Make May Day law lets you stand your ground in your home.
Outside of the Home
In limited circumstances, Colorado law permits you to stand your ground and kill an aggressor in self-defense – or in defense of others – outside of a home.
Firstly, you must genuinely believe non-deadly force is insufficient to stop the threat. Secondly, one of the following three conditions must be true:
- You reasonably believe that you or someone else faces an imminent danger of dying or being seriously injured; or
- The aggressor appears to be using physical force against an occupant while committing – or attempting to commit – a burglary; or
- The aggressor appears to be committing a kidnapping, robbery, or sexual assault.
Otherwise, you may still stand your ground, but you may only use as much force as is reasonably necessary to fight off an aggressor.4
The following table compares and contrasts your self-defense rights in and outside of your dwelling:
| Colorado Self-Defense Laws | Inside Your Home | Outside Your Home |
| Legal Basis | C.R.S. 18-1-704.5 – “Make My Day” | Case law – “Stand Your Ground” |
| Location | Inside your “dwelling.” | Any public or private place you are lawfully allowed to be. |
| Key Requirement | An intruder makes an unlawful entry, and you believe they might use force. | You are not the initial aggressor and face imminent unlawful force. |
| Duty to Retreat? | No | No |
| Immunity? | Yes, from criminal and civil prosecution. | No, “stand your ground” is only an affirmative defense used at trial. |
The Statute
Colorado’s Make My Day Law is codified in C.R.S. 18-1-704.5, which states that:
(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.
(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.
(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.
(5) As used in this section, unless the context otherwise requires, “dwelling” does not include any place of habitation in a detention facility, as defined in section 18-8-211(4).
The Make My Day law is also called the castle doctrine.
Frequently Asked Questions
What if the intruder is unarmed?
Colorado’s Make My Day law can still apply. The requirement is a reasonable belief that the intruder might use any physical force, no matter how slight.
Does the Make My Day law apply to my front porch or yard?
No. It only applies after an intruder has made an unlawful entry into the dwelling itself.
What is the difference between Make My Day and the Castle Doctrine?
The Make My Day law is Colorado’s specific version of the castle doctrine. Most states have their own version of the castle doctrine.
Is there a duty to retreat?
No. You can stand your ground under Colorado’s Make My Day law, even if you have an easy means of escape.
Can I use the Make My Day law against a roommate or family member who lives with me?
No. The law is designed to protect occupants from outside intruders who make an unlawful entry. It does not apply to disputes between people who are both lawful residents of the dwelling.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Reimagining Criminal Justice: The Disparate Impact of the ‘Castle’ Doctrine – Reimagining Criminal Justice
- Of the Enemy within, the Castle Doctrine, and Self-Defense – Marquette Law Review.
- A Defensible Defense: Reexamining Castle Doctrine Statutes – Harvard Journal on Legislation.
- Public perceptions of castle doctrine and stand your ground cases – Social Science Quarterly.
- The State of the Castle: An Overview of Recent Trends in State Castle Doctrine Legislation and Public Policy – Criminal Justice Review.
- Make My Day Law: Colorado’s Experiment in Home Protection – Legislative Hearing/Committee Report.
- Self-Defense in Colorado – Colorado Law Scholarly Commons.
Learn more in our articles Is Colorado a “stand your ground” state?” and Colorado self-defense laws.
