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

Colo. Rev. Stat. § 18-1-705 (2026)

Use of physical force in defense of premises

✓ current as of July 2026
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A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another as described in section 18-1-704, or when he reasonably believes it necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit first degree arson.

Source: L. 71: R&RE, p. 409, § 1. C.R.S. 1963: § 40-1-805.

Cross references: For first degree arson, see § 18-4-102.

Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 1988–2026 · leading case: People v. Trujillo, 83 P.3d 642 (Colo. 2004).
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People v. Trujillo, 83 P.3d 642 (Colo. 2004). “5 (use of deadly force against an intruder); § 18-1-705 (use of physical force in defense of premises); § 18-1-706 (use of physical force in defense of property).”
People v. McNeese, 892 P.2d 304 (Colo. 1995). · cites it 2× “(1986); § 18-1-705, 8B C.R.S. (1986); § 18-1-706, 8B C.”
People v. Toler, 9 P.3d 341 (Colo. 2000). “See § 18-1-705, 6 C.R.S. (1999). 13 Furthermore, the occupant *353 of a dwelling may lawfully use physical force, including deadly force, against trespassers in certain situations.”
Douglas v. People, 969 P.2d 1201 (Colo. 1998). · cites it 2× “Section 18-1-705, 6 C.R.S. (1998), provides: A person in possession or control of any building, realty, or other premises .”
The PEOPLE of the State of Colorado v. Patrick RAU, 501 P.3d 803 (Colo. 2022). · cites it 2× “( 2021 ) ; the use of physical force in defense of premises, see § 18-1-705, C.R.S. ( 2021 ) ; and the use of physical force in defense of property, see § 18-1-706, C.”
People v. Lutz, 762 P.2d 715 (Colo. Ct. App. 1988). · cites it 5× “Section 18-1-705, C.R.S. (1986 Repl.Vol. 8B), provides that: “A person in possession or control of any building .”
Peo v. Banks (Colo. Ct. App. 2026). · cites it 8× “” 2 ¶8 The prosecution requested an instruction on the use of physical force in defense of premises under section 18-1-705, C.R.S. 2025. The instruction provided that Islas was legally authorized to use physical force as “reasonably necessary to prevent or terminate what he…”
Peo v. Russell (Colo. Ct. App. 2025). · cites it 4× “2025; (2) defense of premises, § 18-1-705, C.R.S. 2025; and (3) defense of property, § 18-1-706, C.”
Peo v. Baez-Diaz (Colo. Ct. App. 2025). · cites it 3× “Under section 18-1-705, C.R.S. 2025, a person in possession of or privileged to be on the premises is justified in using “reasonable and appropriate physical force” against another person if such force is reasonably necessary to “terminate what he reasonably believes to be the…”
Peo v. Parks (Colo. Ct. App. 2025). · cites it 2× “A person may also use “reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass.”
Peo v. Gray (Colo. Ct. App. 2026). · cites it 2× “Assuming that Donovan was on Gray’s property when he was shot, the court reasoned that the alleged circumstances did not meet the criteria for the justifiable use of deadly force (1) in defense of premises, which requires a reasonable belief that the trespasser is attempting…”
People v. Carbajal, 411 P.3d 674 (Colo. Ct. App. 2012). · cites it 2× “2011 (use of deadly force against intruder: allowing use of force when the occupant has a "reasonable belief" that intruder is committing or intends to commit a crime and might use physical force); § 18-1-705, C.R.S.2011 (use of physical force in defense of premises: allowing…”
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