(1) A person commits the crime of assault in the
third degree if:
(a) The person knowingly or recklessly causes bodily injury to another person or with
criminal negligence the person causes bodily injury to another person by means of a deadly
weapon; or
(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the
actor knows or reasonably should know to be a peace officer, a firefighter, an emergency
medical care provider, or an emergency medical service provider, causes the other person to
come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic,
or hazardous material by any means, including throwing, tossing, or expelling the fluid or
material.
(2) Repealed.
(3) Assault in the third degree is a class 1 misdemeanor.
(4) Repealed.
Source: L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-204. L. 77: Entire section
amended, p. 961, § 10, effective July 1. L. 2004: Entire section amended, p. 635, § 4, effective
August 4. L. 2009: Entire section amended, (HB 09-1120), ch. 305, p. 1649, § 1, effective July
1. L. 2011: (1)(b) amended and (4) added, (HB 11-1105), ch. 250, p. 1088, § 2, effective August
10. L. 2012: (1)(b) amended, (HB 12-1059), ch. 271, p. 1435, § 13, effective July 1. L. 2015: (2)
R&RE and (4) repealed, (SB 15-126), ch. 109, p. 317, § 2, effective July 1; (1)(b) amended and
(4) repealed, (SB 15-067), ch. 337, p. 1367, § 3, effective September 1. L. 2016: (2) repealed,
(HB 16-1393), ch. 304, p. 1226, § 5, effective July 1. L. 2022: (3) amended, (HB 22-1229), ch.
68, p. 344, § 20, effective March 1.
Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,
provides that the act amending subsection (3) is effective March 1, 2022, but the governor did
not approve the act until April 7, 2022.
Notes of Decisions
Sanchez-martinez v. People, 250 P.3d 1248 (Colo. 2011).
· cites it 6× “Sanchez-Martinez was arrested and charged with third degree assault, section 18-3-204, C.R.S. (2010), and misdemeanor menacing, section 18-3-206, C.”
People v. Ramos, 388 P.3d 888 (Colo. 2017).
· cites it 3× “(2006), and (2) assault in the third degree in violation of section 18-3-204, C.R.S. (2006). -At trial, there were two main pieces of evidence against Ramos.”
People v. Isaacks, 133 P.3d 1190 (Colo. 2006).
· cites it 4× “(2005), and two counts of third-degree assault, section 18-3-204. [1] Pursuant to an agreement by the parties, the People moved to dismiss these charges in exchange for Isaacks's agreeing to plead guilty to conspiracy to commit felony menacing, section 18-2-201(1),…”
People v. Noble, 635 P.2d 203 (Colo. 1981).
· cites it 9× “20 The components *213 of third degree assault, as submitted to the jury and as defined in section 18-3-204, C.R.S. 1973 (1978 Repl.”
v. People, 2019 CO 100 (Colo. 2019).
· cites it 6× “See § 18-3-204; § 18-3-206. ¶31 The final exception, subsection (1)(e), addresses the situation where a single offense is defined as a continuing course of conduct.”
People v. Ramos, 396 P.3d 21 (Colo. Ct. App. 2012).
· cites it 3× “in violation of section 18-3-204, C.R.S.2012. A jury found Ramos guilty on both counts.”
Cervantes v. People, 715 P.2d 783 (Colo. 1986).
· cites it 12× “, dissenting), while the defendant contends that the language in that count would support a prosecution for third-degree assault under section 18-3-204, 8 C.R.S. (1978). [6] Each of these interpretations, however, requires that the information's language and its express…”
v. Rigsby, 2020 CO 74 (Colo. 2020).
· cites it 2× “§ 18-3-204(1)(a), C.R.S. (2019). The court did not instruct the jury on third degree assault (negligent conduct with a deadly weapon) as a lesser included offense of either of the other two second degree assault counts.”
v. Black, 2020 COA 136 (Colo. Ct. App. 2020).
· cites it 2× “§ 18-3-204(1)(a), C.R.S. 2019. The criminal code defines bodily injury as “physical pain, illness, or any impairment of physical or mental condition.”
v. Raider, 2021 COA 1 (Colo. Ct. App. 2021).
· cites it 3× “, assault in the third degree pursuant to section 18-3-204, C.R.S., or vehicular assault pursuant to section 18-3-205(1)(b), C.”
Hendershott v. People, 653 P.2d 385 (Colo. 1982).
· cites it 6× “Section 18-3-204, C.R.S.1973 (1978 Repl. Vol.”
People v. Sepeda, 581 P.2d 723 (Colo. 1978).
· cites it 6× “Ironically, were it not for the modern, quantitatively efficient computer, we might have, in this instance, a mere qualitatively efficient jury selection system, for the Weld County Directory is already in human language and would require no expensive conversion but for the…”
— Colo. Rev. Stat. § 18-3-204(1) — 1 case
— Colo. Rev. Stat. § 18-3-204(1)(a) — 26 cases
v. Rigsby, 2020 CO 74 (Colo. 2020).
“§ 18-3-204(1)(a), C.R.S. (2019). The court did not instruct the jury on third degree assault (negligent conduct with a deadly weapon) as a lesser included offense of either of the other two second degree assault counts.”
v. Black, 2020 COA 136 (Colo. Ct. App. 2020).
“§ 18-3-204(1)(a), C.R.S. 2019. The criminal code defines bodily injury as “physical pain, illness, or any impairment of physical or mental condition.”
v. People, 2019 CO 100 (Colo. 2019).
“See § 18-3-204; § 18-3-206. ¶31 The final exception, subsection (1)(e), addresses the situation where a single offense is defined as a continuing course of conduct.”
— Colo. Rev. Stat. § 18-3-204(1)(b) — 1 case
— Colo. Rev. Stat. § 18-3-204(1)(e) — 1 case
— Colo. Rev. Stat. § 18-3-204(3) — 2 cases
— Colo. Rev. Stat. § 18-3-204(l)(a) — 2 cases
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