Colorado Revised Statute 18-8-208 makes it a crime to escape from a jail, prison or other penal institution.
If you are in custody for a felony, escaping will be charged as a felony. If you are in custody for a misdemeanor, escaping will be generally charged as a misdemeanor.
Most escape sentences run consecutively to (after) any sentence you were serving at the time of the escape, resulting in a longer overall incarceration time. However, the judge may grant you a concurrent (simultaneous) sentence for escape if you were either:
- serving a direct sentence to a community corrections program or
- in an intensive supervision parole program.1
In this article, our Denver criminal defense lawyers will address the following key issues regarding escaping from jail or prison in Colorado:
- 1. Elements of C.R.S. 18-8-208
- 2. Penalties
- 3. Defenses
- 4. Related Offenses
- Frequently Asked Questions
- Additional Reading
1. Elements of C.R.S. 18-8-208
For you to be convicted of escape in Colorado, prosecutors have the burden to prove beyond a reasonable doubt the following three elements:
- You left law enforcement custody; and
- You left without lawful authorization; and
- You left knowing that your conduct was unlawful.2
You can be charged with escape no matter whether you were in custody at either a:
- state prison (Colorado Department of Corrections),
- county jail,
- city jail,
- a work-release facility,
- a non-residential community corrections facility, or
- any other detention facility or staff secure facility.
It is also considered escape whether you “broke out” or managed to walk away without causing property damage or with the help of jail staff.1
Note that escape is a general intent crime, not a specific intent crime. This means you can be convicted of escape even if you did not necessarily mean to end up free from incarceration.3
Example: Mitch is an inmate being transported to court in a police car. The police officer who is driving insults Mitch. Angry, Mitch kicks the officer. This causes the driver to pass out and crash the car, resulting in Mitch being ejected. Here, Mitch could face escape charges even though escaping was not his intent when punching the officer.
Escape is also a continuing crime. This means that once you escape police custody, you are an escapee until you are returned to custody. The statute of limitations to press criminal charges for escape does not begin to run until you have been returned to custody.4
2. Penalties
The following table spells out the penalties for escape, which depend on what crime you were originally in custody for.5
| Underlying Case | “Escape” Punishment in Colorado |
| Convicted of a class 1 or 2 felony | Class 2 Felony: 8 to 24 years in prison (plus 5 years of parole) and/or $5,000 to $1,000,000 |
| Convicted of a class 3, 4, 5, or 6 felony | Class 3 Felony: 4 to 12 years in prison (plus 3 years of parole) and/or $3,000 to $750,000 |
| Charged with but not convicted of any felony | Class 4 Felony: 2 to 6 years in prison (plus 3 years of parole) and/or $2,000 to $500,000 |
| Convicted of a misdemeanor or petty offense | Class 2 Misdemeanor: Up to 120 days in jail and/or up to $750 |
| Charged with but not convicted of a misdemeanor or petty offense | Petty Offense: Up to 10 days in jail and/or a fine of up to $300 |
Attempting Escape
Attempting – but failing to – escape is a separate offense from escaping and succeeding, as the following table shows. Note that these penalties do not apply if you were in certain community corrections or intensive supervision programs.6
| Underlying Case | “Attempted Escape” Punishment in Colorado |
| Convicted of a felony | Class 4 Felony: 2 to 6 years in prison (plus 3 years of parole) and/or $2,000 to $500,000 |
| Charged with but not convicted of a felony | Class 5 Felony: 1 to 3 years in prison (plus 2 years of parole) and/or $1,000 to $100,000 |
| Convicted of a misdemeanor or petty offense | Class 2 Misdemeanor: Up to 120 days in jail and/or up to $750 |
| Charged but not convicted of a misdemeanor or petty offense | Petty Offense: 2 to 4 months in jail (though the sentence will run consecutively if you are convicted of the underlying misdemeanor or petty offense) |
Aiding Escape
The following table spells out the penalties for aiding a prisoner’s escape.7
It is not necessary that the prisoner actually escapes or attempts to escape. Just knowingly providing assistance to escape is enough to constitute a crime: This could include providing materials to help escape or providing assistance in the escape.7
| Underlying Case | “Aiding Escape” Punishment in Colorado |
| Convicted of a class 1 or 2 felony | Class 2 Felony: 8 to 24 years in prison (plus 5 years of parole) and/or $5,000 to $1,000,000 |
| Convicted of a class 3, 4, 5, or 6 felony OR charged with any felony | Class 3 Felony: 4 to 12 years in prison (plus 3 years of parole) and/or $3,000 to $750,000 |
| Convicted, charged with, or held for a misdemeanor or petty offense | Class 2 Misdemeanor: Up to 120 days in jail and/or up to $750 |
3. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people facing criminal charges, including for escape. In our experience, the following three defenses have proven effective with prosecutors, judges, and juries at getting C.R.S. 18-8-208 charges reduced or dismissed.
- You did not knowingly escape or attempt to escape.
- You were falsely accused.
- You were not lawfully in confinement or custody.
There are also two possible “affirmative defenses” in escape cases, which means that you admit to escaping but had a lawful justification for doing so.
The first affirmative defense is that you acted under duress. In other words, you were acting at the direction of another person because of the use or threat of force. The force or threat of force must be such that a reasonable person in the same situation would be unable to resist.9
The second affirmative defense is that escaping was a necessary emergency measure to avoid imminent injury due to a situation you did not cause, such as a fire. In other words, you chose the lesser of two evils, and the greater evil was of sufficient gravity that any reasonable person in your position would also have escaped.10
4. Related Offenses
Accessory to Crime – C.R.S. 18-8-105
Giving assistance of any kind to someone who is suspected of a crime or has committed a crime is being an accessory. Penalties depend on the underlying crime.
Resisting Arrest – C.R.S. 18-8-103
Resisting arrest or attempting to prevent a peace officer from effecting an arrest is a misdemeanor in Colorado. The penalties for resisting arrest by a law enforcement officer include up to 120 days in jail and/or up to $750.
Possession of Contraband in the First Degree (by an Inmate) – C.R.S. 18-8-204.1
Inmates found in possession of weapons or other prohibited items face charges for possession of contraband. Possession of a deadly weapon is a felony, carrying up to six years in prison and a fine of up to $500,000.
Introducing Contraband in the First Degree (to a Jail or Prison) – C.R.S. 18-8-203
People who bring prohibited items into a jail or prison face charges for introducing contraband. The punishment for introducing contraband in the first degree includes up to six years in prison and a fine of up to $500,000.
Other Related Crimes
- inducing prisoners to absent selves (C.R.S. 18-8-202)
- introducing contraband in the second degree (C.R.S. 18-8-204)
- possession of contraband in the second degree (C.R.S. 18-8-204.2)
- aiding escape from the civil process (C.R.S. 18-8-205)
- assault during escape (C.R.S. 18-8-206)
- holding hostages (C.R.S. 18-8-207)
- unauthorized absence (C.R.S. 18-8-208.2)
- riots in detention facilities (C.R.S. 18-8-211)
Escape is a crime that is committed by “knowingly” escaping from custody or confinement.
Frequently Asked Questions
Does an escape conviction add more time to my current sentence?
Yes. Under Colorado law (C.R.S. § 18-8-209), sentences for escape almost always run consecutively. This means your escape sentence will not begin until you have entirely finished serving the sentence for your underlying crime. The only common exceptions are if you were serving a direct sentence to a community corrections program or were on intensive supervision parole, in which case the judge has the discretion to run the sentences concurrently.
Is it considered “escape” if I just fail to return to a halfway house or work release?
Usually, no. Colorado law legally distinguishes between breaking out of a secure facility and failing to return from an approved leave. Failing to return to a community corrections facility, halfway house, or work-release program on time—or cutting off a GPS ankle monitor—is typically charged as Unauthorized Absence (C.R.S. § 18-8-208.2). While still a serious felony or misdemeanor depending on your underlying charge, it is a distinct crime from traditional Escape.
What if I escaped because my life was in immediate danger inside the jail?
You may have a valid affirmative defense. Colorado law recognizes “Duress” and “Choice of Evils” as defenses to escape. If you can prove that you faced an imminent threat of death or serious bodily injury (such as a fire, or an immediate, credible threat of severe violence from guards or inmates), and that escaping was the only way to avoid it, you may be acquitted. However, you generally must turn yourself in to authorities as soon as the immediate threat has passed.
Can I be charged if I didn’t plan to escape, but just walked out an unlocked door?
Yes. Escape is a “general intent” crime in Colorado. The prosecutor does not need to prove that you spent weeks planning a breakout; they only need to prove that you acted “knowingly.” If you knew you were supposed to be in custody and you chose to walk out an open door or walk away from an officer, that is sufficient to trigger an escape charge.
What is the penalty for helping a friend or family member hide from the police?
If the person has already escaped custody and you help them, you can be charged with Aiding Escape (C.R.S. § 18-8-201) or acting as an Accessory to Crime (C.R.S. § 18-8-105). Giving an escapee a ride, providing them with money, or letting them stay in your home is a felony if the escapee was in custody for a felony, punishable by up to 24 years in prison depending on the severity of the escapee’s original charges.
What is the statute of limitations for escape in Colorado?
The baseline time limits for prosecutors to file escape charges are three years for a felony, 18 months for a misdemeanor, and six months for a petty offense. However, there is a massive catch: Colorado law treats escape as a “continuing crime.” This means the statute of limitations clock does not even begin to tick until the escapee is apprehended and returned to custody.
Does fleeing the state of Colorado make an escape charge worse?
It can, depending on the nature of your confinement. For instance, if you are confined under a civil or mental health commitment (rather than a criminal conviction) and you escape, it is normally charged as a misdemeanor. However, under C.R.S. § 18-8-208(6), if you cross state lines during your escape, the charge is automatically elevated to a class 5 felony.
What if I was falsely arrested or illegally detained before I escaped?
You may be able to use “Unlawful Custody” as a defense. If your defense attorney can prove that law enforcement had no legal authority to hold you in the first place (such as a blatant constitutional violation or an arrest without any probable cause or warrant), you may be cleared of the escape charge. However, courts strongly discourage self-help, so this defense requires highly specific legal circumstances.
What is the penalty for escaping a juvenile facility if I am already 18?
If you were committed to the Colorado Division of Youth Services for a delinquent act, but you are currently over 18 years old, escaping from a staff-secure facility is classified as a class 2 misdemeanor. This is punishable by up to 120 days in jail and/or a fine of up to $750.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Prison Escapes and Community Consequences: Results of a Case Study – Federal Probation.
- Catch ‘em if you can: examining how often and how quickly people who escape from prisons and jails are recaptured – Security Journal.
- How often and under what circumstances do escapes from prison and jail result in violence? An examination of the “powder keg” theory – International Journal of Law, Crime and Justice.
- Frequency and Characteristics of Prison Escapes in the United States: An Analysis of National Data – The Prison Journal.
- Should Intolerable Prison Conditions Generate a Justification or an Excuse for Escape – UCLA Law Review.
Legal References
- C.R.S. 18-8-209 – Concurrent and consecutive sentences.
(1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.
(2) If an offender was serving a direct sentence to a community corrections program pursuant to section 18-1.3-301 or was in an intensive supervision parole program pursuant to section 17-27.5-101, C.R.S., at the time he or she committed an offense specified in section 18-8-201 or 18-8-208, the sentence imposed following a conviction of said offense may run concurrently with any sentence the offender was serving at the time he or she committed said offense. - Colorado Revised Statute 18-8-208 – Escapes.
(1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.
(4) A person commits a class 2 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
(4.5) A person commits a class 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
(5) A person commits a petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
(6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16:
(a) Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(b) Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.
(7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.
(8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S.
(9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section.
(10) Repealed.
(11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.C.R.S. 17-27-106 – Escape from custody from a community corrections program.(1)
(a) If an offender fails to remain within the extended limits of such offender’s confinement or placement or fails to return within the time prescribed to any community corrections program to which such offender was assigned or transferred or if any offender who participates in a program established under the provisions of this article leaves such offender’s place of employment or, having been ordered by the executive director of the department of corrections or the chief probation officer of the judicial district to return to the community corrections program, neglects or fails to do so, such offender shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S., and all reductions in sentence authorized by part 2 of article 22.5 of this title shall be forfeited.
(b)
(I) In addition to the forfeiture of all reductions in sentence authorized by part 2 of article 22.5 of this title, any person convicted of escape from custody from a community correction program in violation of paragraph (a) of this subsection (1) shall also forfeit all reductions in sentence authorized by section 18-1.3-301 (1)(i), C.R.S.
(II) Repealed.
(2) The division of criminal justice is hereby authorized to provide notice to appropriate law enforcement agencies and the sentencing court, if applicable, that there is probable cause to believe that an offender has escaped from custody. - People v. Williams (Colo. 1980) 611 P.2d 973.
- People v. Johnson (Colo. App. 2013) 327 P.3d 305.
- See note 2.
- C.R.S. 18-8-208.1 – Attempt to escape.
(1) Except as otherwise provided in subsection (1.5) of this section, if a person, while in custody or confinement following conviction of a felony, knowingly attempts to escape from said custody or confinement, he or she commits a class 4 felony. The sentence imposed pursuant to this subsection (1) shall run consecutively with any sentences being served by the offender.
(1.5) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program, or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.
(2) If a person, while in custody or confinement and held for or charged with but not convicted of a felony, knowingly attempts to escape from said custody or confinement, he commits a class 5 felony. If the person is convicted of the felony or other crime for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (2) shall run consecutively with any sentences being served by the offender.
(3) If a person, while in custody or confinement following conviction of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, the person commits a class 2 misdemeanor. The sentence imposed pursuant to this subsection (3) shall run consecutively with any sentences being served by the offender.
(4) If a person, while in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, he is guilty of a petty offense and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than two months nor more than four months. If the person is convicted of the misdemeanor or petty offense for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (4) shall run consecutively with any sentences being served by the offender.
(5) The sentences imposed by subsections (1), (1.5), and (2) of this section and the minimum sentences imposed by subsections (3) and (4) of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407.
(6) Repealed.
(7) A person held in a staff secure facility, as defined in section 19-2.5-102, is deemed in custody or confinement for purposes of this section.People v. Evans (Colo. App. 2015) 363 P.3d 814 (“The consecutive sentencing provision in section 18-8-208.1(2) is triggered only after a subsequent conviction for a felony charge pending at the time of the attempted escape.”). See also People v. Douglas (Colo. App. 2026) 23CA1192. - C.R.S. 18-8-201 – Aiding escape.
(1) Any person who knowingly aids, abets, or assists another person to escape or attempt to escape from custody or confinement commits the offense of aiding escape.
(2) “Escape” is deemed to be a continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the attempt to escape is thwarted or abandoned.
(3) “Assist” includes any activity characterized as “rendering assistance” in section 18-8-105.
(4) Aiding escape is a class 2 felony if the person aided was in custody or confinement as a result of conviction of a class 1 or class 2 felony.
(5) Aiding escape is a class 3 felony if the person aided was in custody or confinement and charged with or held for any felony or convicted of any felony other than a class 1 or class 2 felony.
(6) Aiding escape is a class 2 misdemeanor if the person aided was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense. - See note 5.
- C.R.S. 18-1-708 – Duress.
- C.R.S. 18-1-702 – Choice of evils.