Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-1-704.5 (2026)

Use of deadly physical force against an intruder

✓ current as of July 2026
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(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).

Source: L. 85: Entire section added, p. 662, § 1, effective June 6. L. 2016: (5) added, (HB 16-1190), ch. 87, p. 245, § 1, effective August 10.

Cross references: For limitations on civil suits against persons using physical force in defense of a person or to prevent the commission of a felony, see § 13-80-119.

Notes of Decisions
Cited in 51 cases (15 in the last 5 years), 1987–2026 · leading case: People v. Guenther, 740 P.2d 971 (Colo. 1987).
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People v. Guenther, 740 P.2d 971 (Colo. 1987). · cites it 111× “The issues raised on appeal center on section 18-1-704.5, 8B C.R.S. (1986), which became effective on June 6, 1985, and provides as follows: (1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.”
Wood v. People, 255 P.3d 1136 (Colo. 2011). · cites it 32× “On direct appeal, Wood argued that the trial court erred in denying his pretrial request for immunity from prosecution under section 18-1-704.5, C.R.S. (2010), the "make-my-day" statute.”
People v. McNeese, 892 P.2d 304 (Colo. 1995). · cites it 96× “Defendant pleaded not guilty and filed a motion to dismiss in the district court, alleging that he was immune from prosecution under the "make-my-day" statute, section 18-1-704.5, 8B C.R.S. (1986). [5] Section 18-1-704.”
People v. Alaniz, 2016 COA 101 (Colo. Ct. App. 2016). · cites it 58× “The court dismissed the charges pursuant to section 18-1-704.5, C.R.S. 2015, known as Colorado’s “make-my-day” statute 1 , which provides that under certain circumstances an occupant of a dwelling who uses any degree of physical force, including deadly physical force, against an…”
People v. Phillips, 91 P.3d 476 (Colo. Ct. App. 2004). · cites it 13× “Before trial, defendant moved to dismiss the information, contending he was entitled to immunity under the so-called make-my-day statute, § 18-1-704.5, C.R.S.2003. After a hearing, the trial court concluded he had not shown by a preponderance of the evidence that the victim…”
The People of the State of Colorado v. Patrick Rau., 2022 CO 3 (Colo. 2022). · cites it 47× “1992), and holding that the basement in question was a "dwelling" for purposes of the "make-my-day" statute, section 18-1-704.5, C.R.S. (2020). [5] Section 18-1-704.”
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016). · cites it 5× “See § 18-1-704.5(1), C.R.S. 2015. No evidence of the victim’s blood was found inside the house, and a police detective testified that the layout of the house made it impossible for the victim to have been shot inside the house in the way Manyik described.”
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016). · cites it 5× “See § 18-1-704.5(1), C.R.S.2015. No evidence of the victim’s blood was found inside the house, and a police detective testified that the layout of the house made it impossible for the victim to have been shot inside the house in the way Manyik described.”
People v. Young, 825 P.2d 1004 (Colo. Ct. App. 1991). · cites it 46× “She filed a motion to dismiss, claiming immunity as provided under the so-called "make-my-day" law, in § 18-1-704.5, C.R.S. (1986 Repl.Vol. 8B).”
People v. Ujaama, 302 P.3d 296 (Colo. Ct. App. 2012). · cites it 5× “Use of Force Against an Intruder ("Make-My-Day") 1 51 The trial court instructed the jury, as follows, on the "make-my-day" principles codified in the statute authorizing use of force against an intruder, section 18-1-704.5(2), C.R.8.2011: It is an affirmative defense .”
People v. Janes, 982 P.2d 300 (Colo. 1999). · cites it 14× “Finding that the jury instructions failed to adequately inform the jury of the burden of proof as to the "make-my-day" defense, section 18-1-704.5, 6 C.R.S. (1998), and that the jury should have been given an appropriate instruction on self-defense, section 18-1-704(2)(c), 6 C.”
The PEOPLE of the State of Colorado v. Patrick RAU, 501 P.3d 803 (Colo. 2022). · cites it 56× “¶1 Colorado's so-called Make My Day law, section 18-1-704.5 , C.R.S. ( 2021 ) , addresses the justified use of force against intruders in the home.”
Show all 51 citing cases →
— Colo. Rev. Stat. § 18-1-704.5(1) — 11 cases
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016). “See § 18-1-704.5(1), C.R.S. 2015. No evidence of the victim’s blood was found inside the house, and a police detective testified that the layout of the house made it impossible for the victim to have been shot inside the house in the way Manyik described.”
People v. Phillips, 91 P.3d 476 (Colo. Ct. App. 2004). “Before trial, defendant moved to dismiss the information, contending he was entitled to immunity under the so-called make-my-day statute, § 18-1-704.5, C.R.S.2003. After a hearing, the trial court concluded he had not shown by a preponderance of the evidence that the victim…”
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016). “See § 18-1-704.5(1), C.R.S.2015. No evidence of the victim’s blood was found inside the house, and a police detective testified that the layout of the house made it impossible for the victim to have been shot inside the house in the way Manyik described.”
People v. McNeese, 892 P.2d 304 (Colo. 1995). “Defendant pleaded not guilty and filed a motion to dismiss in the district court, alleging that he was immune from prosecution under the "make-my-day" statute, section 18-1-704.5, 8B C.R.S. (1986). [5] Section 18-1-704.”
People v. Zukowski, 260 P.3d 339 (Colo. Ct. App. 2011).
— Colo. Rev. Stat. § 18-1-704.5(2) — 30 cases
People v. Ujaama, 302 P.3d 296 (Colo. Ct. App. 2012). “Use of Force Against an Intruder ("Make-My-Day") 1 51 The trial court instructed the jury, as follows, on the "make-my-day" principles codified in the statute authorizing use of force against an intruder, section 18-1-704.5(2), C.R.8.2011: It is an affirmative defense .”
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016). “See § 18-1-704.5(1), C.R.S. 2015. No evidence of the victim’s blood was found inside the house, and a police detective testified that the layout of the house made it impossible for the victim to have been shot inside the house in the way Manyik described.”
People v. McNeese, 892 P.2d 304 (Colo. 1995). “Defendant pleaded not guilty and filed a motion to dismiss in the district court, alleging that he was immune from prosecution under the "make-my-day" statute, section 18-1-704.5, 8B C.R.S. (1986). [5] Section 18-1-704.”
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016). “See § 18-1-704.5(1), C.R.S.2015. No evidence of the victim’s blood was found inside the house, and a police detective testified that the layout of the house made it impossible for the victim to have been shot inside the house in the way Manyik described.”
People v. Guenther, 740 P.2d 971 (Colo. 1987). “The issues raised on appeal center on section 18-1-704.5, 8B C.R.S. (1986), which became effective on June 6, 1985, and provides as follows: (1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.”
— Colo. Rev. Stat. § 18-1-704.5(3) — 8 cases
People v. Guenther, 740 P.2d 971 (Colo. 1987). “The issues raised on appeal center on section 18-1-704.5, 8B C.R.S. (1986), which became effective on June 6, 1985, and provides as follows: (1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.”
People v. Phillips, 91 P.3d 476 (Colo. Ct. App. 2004). “Before trial, defendant moved to dismiss the information, contending he was entitled to immunity under the so-called make-my-day statute, § 18-1-704.5, C.R.S.2003. After a hearing, the trial court concluded he had not shown by a preponderance of the evidence that the victim…”
People v. McNeese, 892 P.2d 304 (Colo. 1995). “Defendant pleaded not guilty and filed a motion to dismiss in the district court, alleging that he was immune from prosecution under the "make-my-day" statute, section 18-1-704.5, 8B C.R.S. (1986). [5] Section 18-1-704.”
People v. Eckert, 919 P.2d 962 (Colo. Ct. App. 1996).
v. Rau, 2020 COA 92 (Colo. Ct. App. 2020).
— Colo. Rev. Stat. § 18-1-704.5(4) — 2 cases
The People of the State of Colorado v. Patrick Rau., 2022 CO 3 (Colo. 2022). “1992), and holding that the basement in question was a "dwelling" for purposes of the "make-my-day" statute, section 18-1-704.5, C.R.S. (2020). [5] Section 18-1-704.”
Mary Ann Moreno, Plaintiff: v. Circle K Stores, Inc. Defendant:, 2026 CO 46 (Colo. 2026).
— Colo. Rev. Stat. § 18-1-704.5(5) — 1 case
Peo v. Pettigrew (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 18-1-704.5(8) — 1 case
Wood v. People, 255 P.3d 1136 (Colo. 2011). “On direct appeal, Wood argued that the trial court erred in denying his pretrial request for immunity from prosecution under section 18-1-704.5, C.R.S. (2010), the "make-my-day" statute.”
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