(1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.
(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He or she is the initial aggressor; except that his or her use of physical force upon another person under the circumstances is justifiable if he or she withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force;
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law; or
(d) The use of physical force against another is based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant. Nothing in this subsection (3)(d) precludes the admission of evidence, which is otherwise admissible, of a victim's or witness's conduct, behavior, or statements.
(4) In a case in which the defendant is not entitled to a jury instruction regarding self- defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self- defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.
(5) As used in this section, unless the context otherwise requires:
(a) "Gender identity" and "gender expression" have the same meaning as in section 18-1- 901 (3)(h.5).
(b) "Intimate relationship" has the same meaning as in section 18-6-800.3.
(c) "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).
Source: L. 71: R&RE, p. 409, § 1. C.R.S. 1963: § 40-1-804. L. 72: p. 274, § 1. L. 75:
(2)(c) amended, p. 632, § 4, effective July 1. L. 79: (2)(c) amended, p. 726, § 1, effective July 1. L. 81: (2)(a) and (3)(a) amended, p. 981, § 3, effective May 13. L. 2000: (2)(c) amended, p. 703, § 27, effective July 1. L. 2003: (4) added, p. 795, § 1, effective March 25. L. 2020: (3)(b) and
(3)(c) amended and (3)(d) and (5) added, (SB 20-221), ch. 279, p. 1365, § 3, effective July 13.
Cross references: (1) 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.
(2) For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.
Notes of Decisions
Cited in
210
cases (
92 in the last 5 years), 1976–2026 · leading case:
Castillo v. People, 2018 CO 62 (Colo. 2018).
Castillo v. People, 2018 CO 62 (Colo. 2018).
· cites it 28× “§ 18-1-704, C.R.S. (2017). Unlike a number of other jurisdictions, in this jurisdiction he may also do so without first retreating unless he was the initial aggressor, in which case he may only do so if he first withdraws from the encounter and effectively communicates to the…”
v. People, 2020 CO 82 (Colo. 2020).
· cites it 23× “¶18 In Colorado, the defense of self-defense is codified in section 18-1-704, C.R.S. (2020), “Use of physical force in defense of a person—definitions.”
Idrogo v. People, 818 P.2d 752 (Colo. 1991).
· cites it 122× “The affirmative defense of self-defense is codified at section 18-1-704, 8B C.R.S. (1986). That statute states, in pertinent part, as follows: (1) .”
People v. Toler, 9 P.3d 341 (Colo. 2000).
· cites it 54× “I, INTRODUCTION In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense.”
v. Roberts-Bicking, 2021 COA 12 (Colo. Ct. App. 2021).
· cites it 8× “H:11 (2019), and section 18-1-704, C.R.S. 2020, the court instructed as follows: Mr.”
People v. Pickering, 276 P.3d 553 (Colo. 2011).
· cites it 34× “For example, it is possible for a person to knowingly cause the death of another, thus satisfying the basic elements of second-degree murder under section 18-3-103(1), but to nevertheless do so in self-defense as defined under section 18-1-704, and therefore not be guilty of…”
People v. Newell, 2017 COA 27 (Colo. Ct. App. 2017).
· cites it 8× “¶ 23 The affirmative defense of self-defense is codified in the first subsection of section 18-1-704, C.R.S. 2016. Idrogo, 818 P.”
People v. Garcia, 28 P.3d 340 (Colo. 2001).
· cites it 9× “The trial court instructed the jury on the issue of self-defense by tracking the language of section 18-1-704, stating that Defendant was entitled to use deadly physical force if (1) she reasonably believed that a lesser degree of force was inadequate, and (2) she had reasonable…”
People v. Willner, 879 P.2d 19 (Colo. 1994).
· cites it 21× “Section 18-1-704, 8B C.R.S. (1986), defines the statutory affirmative defense of self defense.”
Beckett v. People, 800 P.2d 74 (Colo. 1990).
· cites it 36× “" Section 18-1-704, 8B C.R.S. (1986), sets forth the statutory affirmative defense of self-defense.”
Montoya v. People, 394 P.3d 676 (Colo. 2017).
· cites it 13× “2011), permitted his conviction of attempted extreme indifference murder without requiring the prosecution to prove that his use of physical force in killing the victim was not justified in defense of himself or a third person, according to section 18-1-704, C.”
v. Wakefield, 2018 COA 37 (Colo. Ct. App. 2018).
· cites it 6× ““[I]t is possible for a person to knowingly cause the death of another, thus satisfying the basic elements of second- degree murder under section 18-3-103(1), but to nevertheless do so in self-defense as defined under section 18-1-704, [C.R.S. 2017,] and therefore not be guilty…”
— Colo. Rev. Stat. § 18-1-704(1) — 105 cases
v. People, 2020 CO 82 (Colo. 2020).
“¶18 In Colorado, the defense of self-defense is codified in section 18-1-704, C.R.S. (2020), “Use of physical force in defense of a person—definitions.”
v. Roberts-Bicking, 2021 COA 12 (Colo. Ct. App. 2021).
“H:11 (2019), and section 18-1-704, C.R.S. 2020, the court instructed as follows: Mr.”
Castillo v. People, 2018 CO 62 (Colo. 2018).
“§ 18-1-704, C.R.S. (2017). Unlike a number of other jurisdictions, in this jurisdiction he may also do so without first retreating unless he was the initial aggressor, in which case he may only do so if he first withdraws from the encounter and effectively communicates to the…”
— Colo. Rev. Stat. § 18-1-704(1)(8) — 1 case
— Colo. Rev. Stat. § 18-1-704(1)(a) — 1 case
— Colo. Rev. Stat. § 18-1-704(2) — 23 cases
Idrogo v. People, 818 P.2d 752 (Colo. 1991).
“The affirmative defense of self-defense is codified at section 18-1-704, 8B C.R.S. (1986). That statute states, in pertinent part, as follows: (1) .”
v. People, 2020 CO 82 (Colo. 2020).
“¶18 In Colorado, the defense of self-defense is codified in section 18-1-704, C.R.S. (2020), “Use of physical force in defense of a person—definitions.”
People v. Toler, 9 P.3d 341 (Colo. 2000).
“I, INTRODUCTION In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense.”
People v. Garcia, 28 P.3d 340 (Colo. 2001).
“The trial court instructed the jury on the issue of self-defense by tracking the language of section 18-1-704, stating that Defendant was entitled to use deadly physical force if (1) she reasonably believed that a lesser degree of force was inadequate, and (2) she had reasonable…”
— Colo. Rev. Stat. § 18-1-704(2)(a) — 25 cases
People v. Willner, 879 P.2d 19 (Colo. 1994).
“Section 18-1-704, 8B C.R.S. (1986), defines the statutory affirmative defense of self defense.”
v. Wakefield, 2018 COA 37 (Colo. Ct. App. 2018).
““[I]t is possible for a person to knowingly cause the death of another, thus satisfying the basic elements of second- degree murder under section 18-3-103(1), but to nevertheless do so in self-defense as defined under section 18-1-704, [C.R.S. 2017,] and therefore not be guilty…”
— Colo. Rev. Stat. § 18-1-704(2)(b) — 2 cases
— Colo. Rev. Stat. § 18-1-704(2)(c) — 4 cases
— Colo. Rev. Stat. § 18-1-704(2)(e) — 1 case
— Colo. Rev. Stat. § 18-1-704(3) — 4 cases
Castillo v. People, 2018 CO 62 (Colo. 2018).
“§ 18-1-704, C.R.S. (2017). Unlike a number of other jurisdictions, in this jurisdiction he may also do so without first retreating unless he was the initial aggressor, in which case he may only do so if he first withdraws from the encounter and effectively communicates to the…”
v. People, 2020 CO 82 (Colo. 2020).
“¶18 In Colorado, the defense of self-defense is codified in section 18-1-704, C.R.S. (2020), “Use of physical force in defense of a person—definitions.”
v. Mosely, 2019 COA 143 (Colo. Ct. App. 2019).
— Colo. Rev. Stat. § 18-1-704(3)(a) — 22 cases
v. People, 2020 CO 82 (Colo. 2020).
“¶18 In Colorado, the defense of self-defense is codified in section 18-1-704, C.R.S. (2020), “Use of physical force in defense of a person—definitions.”
v. Roberts-Bicking, 2021 COA 12 (Colo. Ct. App. 2021).
“H:11 (2019), and section 18-1-704, C.R.S. 2020, the court instructed as follows: Mr.”
Idrogo v. People, 818 P.2d 752 (Colo. 1991).
“The affirmative defense of self-defense is codified at section 18-1-704, 8B C.R.S. (1986). That statute states, in pertinent part, as follows: (1) .”
v. Knapp, 2020 COA 107 (Colo. Ct. App. 2020).
People v. Willner, 879 P.2d 19 (Colo. 1994).
“Section 18-1-704, 8B C.R.S. (1986), defines the statutory affirmative defense of self defense.”
— Colo. Rev. Stat. § 18-1-704(3)(b) — 23 cases
Castillo v. People, 2018 CO 62 (Colo. 2018).
“§ 18-1-704, C.R.S. (2017). Unlike a number of other jurisdictions, in this jurisdiction he may also do so without first retreating unless he was the initial aggressor, in which case he may only do so if he first withdraws from the encounter and effectively communicates to the…”
Idrogo v. People, 818 P.2d 752 (Colo. 1991).
“The affirmative defense of self-defense is codified at section 18-1-704, 8B C.R.S. (1986). That statute states, in pertinent part, as follows: (1) .”
People v. Willner, 879 P.2d 19 (Colo. 1994).
“Section 18-1-704, 8B C.R.S. (1986), defines the statutory affirmative defense of self defense.”
— Colo. Rev. Stat. § 18-1-704(4) — 13 cases
People v. Pickering, 276 P.3d 553 (Colo. 2011).
“For example, it is possible for a person to knowingly cause the death of another, thus satisfying the basic elements of second-degree murder under section 18-3-103(1), but to nevertheless do so in self-defense as defined under section 18-1-704, and therefore not be guilty of…”
Castillo v. People, 2018 CO 62 (Colo. 2018).
“§ 18-1-704, C.R.S. (2017). Unlike a number of other jurisdictions, in this jurisdiction he may also do so without first retreating unless he was the initial aggressor, in which case he may only do so if he first withdraws from the encounter and effectively communicates to the…”
— Colo. Rev. Stat. § 18-1-704(8) — 4 cases
People v. Toler, 9 P.3d 341 (Colo. 2000).
“I, INTRODUCTION In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense.”
— Colo. Rev. Stat. § 18-1-704(8)(a) — 3 cases
People v. Toler, 9 P.3d 341 (Colo. 2000).
“I, INTRODUCTION In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense.”
— Colo. Rev. Stat. § 18-1-704(8)(b) — 4 cases
People v. Toler, 9 P.3d 341 (Colo. 2000).
“I, INTRODUCTION In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense.”
— Colo. Rev. Stat. § 18-1-704(8)(c) — 2 cases
People v. Garcia, 28 P.3d 340 (Colo. 2001).
“The trial court instructed the jury on the issue of self-defense by tracking the language of section 18-1-704, stating that Defendant was entitled to use deadly physical force if (1) she reasonably believed that a lesser degree of force was inadequate, and (2) she had reasonable…”
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