Make My Day Law Colorado

Colorado’s Make My Day law permits people to assault or kill home intruders whom they reasonably believe have committed – or will commit – a crime inside the home. Also called the Castle Doctrine, the Make My Day law immunizes residents from criminal and civil liability for using force against an intruder as long as they acted reasonably under the circumstances.

Colorado’s Make My Day law is found in CRS 18-1-704.5, which reads:

(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).

In this article, our Colorado criminal defense attorneys discuss:

• 1. What is the Make My Day law in Colorado?
• 2. Can I use lethal force on intruders?
• 3. What is a dwelling?
• 4. Does the intruder have to break in?
• 5. Do I ever have the duty to retreat?
• 6. Do I have to own the home for Make My Day to apply?
• 7. What if I am outside the home and see an intruder?

1. What is the Make My Day law in Colorado?

Colorado’s Make My Day law permits you to hurt or kill home intruders if the following four conditions are true:

1. You are an occupant in a dwelling;
2. Another person unlawfully enters the dwelling;
3. You reasonably believe that the intruder committed – or intends to commit – a criminal offense in the home (aside from the intrusion); and
4. You reasonably believe that the intruder may use any degree of physical force against you or another occupant in the dwelling.

In short, if someone commits home invasion, you can inflict any degree of physical force on the intruder if you reasonably believe they are dangerous. And you cannot be criminally charged or sued as long as your actions fall within the Make My Day law.¹

2. Can I use lethal force on intruders?

Yes. Colorado’s Make My Day law gives occupants the right to kill home intruders as long as they reasonably believe the intruder has committed – or plans to commit – a crime in the home and will use any degree of physical force on an occupant.²

3. What is a dwelling?

For the purposes of Colorado’s Make My Day law, a dwelling includes any home or residence, such as:

• houses
• apartments
• trailers
• hotel rooms

And the definition of dwelling extends to a house’s attached garage or basement, not just the living quarters.

Note that it is unclear whether the common area of an apartment building qualifies as a dwelling. Earlier Colorado case law claimed that it does not, but a recent 2022 case suggests that it does.³

4. Does the intruder have to break in?

No. Colorado’s Make May Day law still applies even if the intruder comes in through an open window or unlocked door. There is no requirement that the intruder “break and enter” in order for occupants to be justified in using physical force against them.⁴

5. Do I ever have the duty to retreat?

When an apparently dangerous intruder enters your dwelling in Colorado, you – as an occupant – have no duty to retreat. It does not matter if you have the opportunity to quickly and quietly flee through a window or door.

Instead, Colorado’s Make My Day permits you to stand your ground and hurt or kill the intruder.⁵

Learn more about Colorado’s stand your ground laws.

6. Do I have to own the home for Make My Day to apply?

No. Colorado’s Make My Day law gives you the right to assault or kill a seemingly dangerous home intruder no matter whether you are a homeowner, renter, or guest.⁶

7. What if I am outside the home and see an intruder?

Colorado’s Make My Day law applies only to occupants inside of a dwelling. So if you are on the street and see that a trespasser just entered your home, you are instead governed by Colorado’s more limited self-defense laws.

If you are outside your home and see an intruder enter – and if no one is inside the home – you can still use physical force in defense of your property. But the use of force must be reasonable and cannot be lethal.

Or if you are outside and witness an intruder entering your home – and there are people inside – you also would be justified in trying to stop the intruder by using physical force. This is because you would be acting in reasonable defense of others.

As for how much force you could use on the intruder, Colorado’s self-defense laws allow you to inflict as much force as reasonably necessary to deflect the threat. The only time you can use deadly force in self-defense or defense of others is if you reasonably believe non-deadly force will not stop the threat and either:

1. The intruder seems to be committing sexual assault, kidnapping, or robbery; or
2. The intruder seems to be inflicting physical force on an occupant while committing (or trying to commit) a burglary; or
3. You reasonably believe that someone is facing an immediate threat of being seriously injured or killed.⁷

Note that it is a crime to hurt or kill someone based on an unreasonable belief that the person posed an immediate physical threat (“imperfect self-defense”). Potential charges prosecutors can bring include assault, second-degree murder, or first-degree murder, depending on the case.

Arrested on criminal charges? Contact our Colorado criminal defense lawyers for legal advice. Our law firm represents defendants in Denver, Colorado Springs, Boulder, and more.

See our related article, “Make My Day” Law in Colorado – Here’s how it works.

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