![Obstruction of Justice in Colorado -- 3 Crimes [2022 UPDATES IN DESCRIPTION]](https://www.shouselaw.com/wp-content/plugins/wp-youtube-lyte/lyteCache.php?origThumbUrl=https%3A%2F%2Fi.ytimg.com%2Fvi%2FL6xkSon285A%2F0.jpg)
In Colorado, obstruction of justice is defined as hindering, interfering with, obstructing, or impairing the functions of the justice system. Unlike in some states, obstruction of justice is not one specific crime. Rather, it applies to a series of crimes, all of which fall under the umbrella of obstruction.
Types of Obstruction Charges
Obstruction of justice criminal charges include:
- Obstructing government operations;
- Resisting arrest;
- Obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer;
- Accessory to crime;
- Refusal to permit inspections;
- Refusing to aid a peace officer;
- Compounding;
- Concealing death;
- False report of explosives, weapons, or harmful substances;
- False reporting to authorities;
- Impersonating a peace officer;
- Impersonating a public servant;
- Abuse of public records;
- Duty to report a crime – liability for disclosure;
- Disarming a peace officer;
- Unlawful sale of publicly provided services or appointments – definitions.
Defending Against Charges for the Crime of Obstruction
Due to the wide variety of offenses listed under the obstruction chapter in Colorado, no one defense fits every situation. Instead, you need experienced legal counsel familiar with Colorado obstruction law and how to defend your case in your particular situation and surrounding facts.
Below, our Denver, Colorado criminal defense lawyers discuss the following frequently asked questions:
- 1. What is obstruction of justice in Colorado?
- 2. What is obstructing government operations?
- 3. What is resisting arrest?
- 4. What is obstructing a peace officer?
- 5. What is an accessory to crime?
- 6. What is refusal to permit inspections?
- 7. What is refusing to aid a peace officer?
- 8. What is the offense of compounding?
- 9. What is the offense of concealing death?
- 10. What is a false report of explosives, weapons, or harmful substances?
- 11. What is false reporting to authorities?
- 12. What is impersonating a peace officer?
- 13. What is impersonating a public servant?
- 14. What is abuse of public records?
- 15. What is a duty to report a crime – liability for disclosure?
- 16. What is disarming a peace officer?
- 17. What is the unlawful sale of publicly provided services or appointments?
Obstruction of justice occurs when you hinder Colorado’s justice system.
1. What is obstruction of justice in Colorado?
Obstruction of justice in Colorado occurs when you:
- hinder,
- interfere,
- commit violence,
- obstruct, or
- impair
the justice system in Colorado.1 Unlike many other states, obstruction of justice is not one specific crime. Instead, it applies to a series of different crimes, all of which fall under the umbrella of “obstruction.”
Below, the Colorado Legal Defense Group gives a brief overview of the different obstruction of justice charges in our state.
2. What is obstructing government operations?
You commit this offense when you intentionally
- obstruct,
- impair, or
- hinder
the performance of a governmental function by a public servant by using or threatening to use
- violence,
- force,
- physical interference, or
- physical obstacle.2
The charge is a Class 2 misdemeanor. It is punishable by:
- up to 120 days in jail,
- a fine of up to $750, or
- both.3
3. What is resisting arrest?
You resist arrest if you knowingly prevent or attempt to prevent a peace officer, acting under color of their official authority from making an arrest by:
- using physical force or violence against the officer; or
- using any means which creates a substantial risk of bodily injury to the officer. 4
The charge is a Class 2 misdemeanor. If convicted, you face:
- possible jail term of up to 120 days,
- a fine of up to $750, or
- both. 5
4. What is obstructing a peace officer?
You commit “obstruction” when you, by using or threatening to use violence, force, or physical interference, knowingly obstruct, impair, or hinder the:
- enforcement of the penal law
- preservation of peace
- abatement of fire by a firefighter, or
- application of medical treatment or emergency assistance.
It applies not only to police officers, but also to:
- a peace officer (police officer)
- firefighter
- emergency medical services provider
- rescue specialist, or
- volunteer.6
Obstructing a police officer is a class 2 misdemeanor. If convicted, you face the following possible penalties:
- possible jail term of up to 120 days,
- a fine of up to $750, or
- both.
5. What is an accessory to a crime?
You are an accessory to a crime if you:
- render assistance to a person
- with the intent to hinder, delay, or prevent the
- discovery,
- detection,
- apprehension,
- prosecution,
- conviction, or
- punishment of that person for the commission of a crime.7
Depending on the facts of the case, if you are convicted of accessory to crime, you may be guilty of a felony or petty offense.
6. What is a refusal to permit inspections?
You commit this offense if, while knowing that a public servant is legally authorized to inspect property, you:
- refuse to produce or make available the property for inspection at a reasonable hour, or
- if the property is available for inspection, you refuse to permit the inspection. 8
A violation of this section is a civil infraction carrying up to $100 in fines.
7. What is refusing to aid a peace officer?
As of March 1, 2022, it is no longer a crime to unreasonably refuse or fail to aid a peace officer after they have commanded assistance to:
- effect or secure an arrest; or
- prevent the commission of any offense by another person. 9
A violation of this section was a Class 1 petty offense.
Excessive force by police is a potential defense to certain obstruction charges.
8. What is the offense of compounding?
CRS 18-8-108 is the Colorado code section that defines the criminal offense of compounding in Colorado.
The crime of compounding occurs when you accept or agree to accept a monetary benefit in exchange for agreeing not to:
- prosecute an offender; or
- report a crime, suspected crime, or information relating to a crime to law enforcement authorities. 10
The crime of compounding is a Class 2 misdemeanor in the State of Colorado. The penalties for this offense include:
- possible jail term of up to 120 days,
- a fine of up to $750, or
- both.
9. What is the offense of concealing death?
You commit this offense if you:
- conceal the death of another person, and thereby
- prevent a determination of the cause or circumstances of the death.11
This offense is a Class 1 misdemeanor. If convicted, you may face:
- up to 364 days in jail,
- a fine of up to $1,000, or
- both.
10. What is a false report of explosives, weapons, or harmful substances?
You commit this crime if you:
- report to any other person that:
- a bomb or any other explosive,
- chemical or biological agent,
- poison,
- weapon, or
- a radioactive substance has been placed in any public or private place or vehicle designed for transportation of person or property; and
- know the report is false.12
If convicted, you face Class 5 felony penalties as follows:
- 1 year to 3 years in prison
- a fine of $1,000 to $100,000, or
- both.13
11. What is false reporting to authorities?
You commit the offense of false reporting to authorities if you knowingly:
- cause a false alarm or other emergency device to sound within an emergency services agency (for example, a fire department or ambulance);
- prevent the activation of an alarm;
- make a false report of a crime; or
- provide false identifying information to authorities. 14
False reporting to authorities can be a felony or a misdemeanor.
12. What is impersonating a peace officer?
CRS § 18-8-112 is the Colorado code section that defines the offense of impersonating a peace officer. You commit this offense if you:
- falsely pretend to be a policeman or policewoman, and
- perform an act while pretending that role. 15
A peace officer is defined as either:
- a policeman or policewoman in uniform; or, if out of uniform,
- one who has identified him or herself by exhibiting his or her credentials as a peace officer.
Impersonating a peace officer is a Class 5 felony charge in this state. Penalties for the offense include:
- 1 to 3 years in prison
- a fine of $1,000 up to a maximum of $100,000, and
- mandatory parole for one year.
13. What is impersonating a public servant?
CRS 18-8-113 is the Colorado code section defining the offense of impersonating a public servant.
You commit this offense if you:
- falsely pretend to be a public servant other than a peace officer; and
- perform any act in the pretended capacity. 16
A public servant is defined as:
- any officer or employee of the government, whether elected or appointed;
- any person participating as an advisor, consultant, process server; or
- any person who otherwise performs a governmental function.
Police officers are also considered public servants, but as “peace officers” they are excluded from this section. Impersonation of a police officer is charged as a different criminal offense.
14. What is abuse of public records?
CRS 18-8-114 is the Colorado code section that defines the offense of Abuse of Records.
You commit this offense if you:
- knowingly make a false entry in or falsely alters any public record;
- knowing the person lacks authority to do so, knowingly destroy, mutilate, conceal, remove, or impair the availability of a public record;
- knowing the person lacks authority to keep the record, refuse to deliver the public record after a proper request for that record;
- knowing the person has not been authorized by the keeper of the public record to do so, knowingly alter any public record.
15. What is a duty to report a crime – liability for disclosure?
Every person or corporation in Colorado who has reasonable grounds to believe that a crime has been committed is duty-bound to report the suspected crime promptly to law enforcement authorities. 17
Failure to report the crime is itself considered a criminal offense under Colorado law.
16. What is disarming a peace officer?
CRS § 18-8-116 is the Colorado code section that defines the offense of disarming a peace or police officer. You commit this offense if you knowingly and without justification and without consent remove from a peace officer acting under color of their official authority any of the following:
- a firearm,
- a self-defense electronic control device,
- a direct-contact stun device, or
- other similar device.18
Under Colorado law, the offense is a Class 5 felony and is punishable by:
- 1 to 3 years in Colorado State Prison
- a fine between $1,000 and $100,000, and
- mandatory parole period of 2 years.
In many cases, Colorado prosecutors charge you with an attempt to commit the offense (when you are unsuccessful in disarming the law enforcement officer). The attempt is a Class 6 felony and is punishable by:
- 12 to 18 months in prison
- up to $100,000 in fines, and
- one year mandatory parole period.
17. What is the unlawful sale of publicly provided services or appointments?
You commit the offense of unlawful sale of publicly provided services or appointments if you:
- reserve or obtain the service or appointment and sell the same;
- intend to sell the service or appointment; or
- make a false representation to a buyer about the service or appointment.19
Legal References:
- Colorado Revised Statute criminal code 18-8-101 (Definitions).
- CRS 18-8-102 (Obstructing government operations). (1) A person commits obstructing government operations if he intentionally obstructs, impairs, or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical interference or obstacle.
(2) It shall be an affirmative defense that:
(a) The obstruction, impairment, or hindrance was of unlawful action by a public servant; or
(b) The obstruction, impairment, or hindrance was of the making of an arrest; or
(c) The obstruction, impairment, or hindrance of a governmental function was by lawful activities in connection with a labor dispute with the government.
(3) Obstructing government operations is a class 2 misdemeanor. - CRS 18-1.3-501 (Misdemeanor penalty classifications). Prior to March 1, 2022, obstructing government operations was a class 3 misdemeanor. It was punishable by up to 6 months in jail and/or a fine of $50 to $750. SB21-271.
- CRS 18-8-103 (Resisting Arrest).
- Same. Prior to March 1, 2022, penalties were 3 to 12 months in jail and/or $250 to $1,000. SB21-271.
- CRS 18-8-104 (Obstructing a Peace Officer). (1) (a) A person commits obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.
(2) It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he or she was acting under color of his or her official authority. A peace officer acts “under color of his or her official authority” if, in the regular course of assigned duties, he or she makes a judgment in good faith based on surrounding facts and circumstances that he or she must act to enforce the law or preserve the peace.
(2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threatening to use an unmanned aircraft system as an obstacle, the offense does not apply if the person who operates the unmanned aircraft system:
(a) Obtains permission to operate the unmanned aircraft system from a law enforcement agency or other entity that is coordinating the response of peace officers, firefighters, emergency medical service providers, rescue specialists, or volunteers to an emergency or accident;
(b) Continues to communicate with such entity during the operation of the unmanned aircraft system; and
(c) Complies immediately with any instructions from the entity concerning the operation of the unmanned aircraft system.
(3) Repealed.
(4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.
(5) For purposes of this section, unless the context otherwise requires:
(a) “Emergency medical service provider” means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.
(b) “Obstacle” includes an unmanned aircraft system.
(c) “Rescue specialist” means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist. - CRS 18-8-105 (Accessory to Crime).
- CRS 18-8-106 (Refusal to Permit Inspections). Prior to March 1, 2022, refusing to permit inspections was a class 1 petty offense. SB21-271.
- CRS 18-8-107 (Refusing to Aid a Peace Officer). SB21-271.
- CRS 18-8-108 (Compounding). Prior to March 1, 2022, compounding was a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750 in fines. SB21-271.
- CRS 18-8-109 (Concealing Death). Prior to March 1, 2022, penalties included 6 to 18 months in jail and/or $500 to $5,000. SB21-271.
- CRS 18-8-110 (False report of explosives, weapons, or harmful substances).
- CRS 18-1.3-401 (Felony penalty classifications).
- CRS 18-8-111 (False reporting to authorities).
- CRS 18-8-112 (Impersonating a Peace Officer). HS 23-1293.
- CRS 18-8-113 (Impersonating a Public Servant).
- CRS 18-8-115 (Duty to report a crime – liability for disclosure).
- CRS 18-8-116 (Disarming a Peace Officer).
- CRS 18-8-117 (Unlawful sale of publicly provided services or appointments).