Colorado Revised Statutes

Colo. Rev. Stat. § 18-8-105 (2026)

Accessory to crime

✓ current as of July 2026
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(1) A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person.

(2) "Render assistance" means to:

(a) Harbor or conceal the other; or (a.5) Harbor or conceal the victim or a witness to the crime; or

(b) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or

(c) Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or

(d) By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or

(e) Conceal, destroy, or alter any physical or testimonial evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person.

(3) Being an accessory to crime is a class 4 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, and if that crime is designated by this code as a class 1 or class 2 felony.

(4) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted is suspected of or wanted for a crime, and if that crime is designated by this code as a class 1 or class 2 felony.

(5) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a felony other than a class 1 or class 2 felony; except that being an accessory to a class 6 felony is a class 6 felony.

(6) Being an accessory to crime is a petty offense if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a misdemeanor of any class. Source: L. 71: R&RE, p. 454, § 1. C.R.S. 1963: § 40-8-105. L. 91: (5) amended, p. 406, § 13, effective June 6. L. 97: (2)(a.5) added and (2)(e) amended, p. 1547, § 20, effective July 1. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3195, § 273, effective March 1, 2022.

Notes of Decisions
Cited in 59 cases (7 in the last 5 years), 1976–2026 · leading case: People v. Pratt, 759 P.2d 676 (Colo. 1988).
People v. Pratt, 759 P.2d 676 (Colo. 1988). · cites it 28× “Because I believe the record shows that the cross-examination at issue was correctly permitted and conducted, I do not find an abuse of discretion. [8] For this reason, I would hold that no error occurred during the cross-examination of the character witnesses.”
People v. Preciado-Flores, 66 P.3d 155 (Colo. Ct. App. 2002). · cites it 11× “Section 18-8-105, C.R.8.2002. Punishing the offense of accessory to a crime more severely than the offense of false reporting does not violate equal protection, because the offenses are distinguishable.”
Medina v. People, 163 P.3d 1136 (Colo. 2007). · cites it 10× “Although the information listed Medina's charge as a class 4 felony under section 18-8-105, C.R.S. (2002), the information did not include a necessary element required for a conviction of class 4 accessory-that the defendant knew that the person she was assisting had committed a…”
People v. R. V., 635 P.2d 892 (Colo. 1981). · cites it 12× “The offenses of accessory during and after the fact were repealed by the adoption of the Criminal Code which redefined the offense as accessory to crime in section 18-8-105, C.R.S.1973 (1978 Repl.Vol.”
People Ex Rel. H.W., III, 226 P.3d 1134 (Colo. Ct. App. 2009). · cites it 42× “While arguably the "base crime" of accessory could be said to be set forth in section 18-8-105(1), no provision in section 18-8-105 provides a punishment solely for the acts identified in subsection (1); punishments are provided only with respect to the additional acts or…”
v. Sosa, 2019 COA 182 (Colo. Ct. App. 2019). · cites it 5× “” § 18-8-105(1), C.R.S. 2019; see also § 18-8-105(5) (“Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed .”
People v. Newton, 966 P.2d 563 (Colo. 1998). · cites it 6× “Statement Against Penal Interest Under section 18-8-105(1), 6 C.R.S. (1997), "A person is an accessory to a crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime,…”
People v. Garcia, 815 P.2d 937 (Colo. 1991). · cites it 2× “[4] The crime of accessory to first degree assault, as charged, was a class 5 felony, § 18-8-105(4), 8B C.R.S. (1986), punishable by a presumptive minimum sentence of one year and a presumptive maximum sentence of four years, § 18-1-105(1)(a)(IV), 8B C.”
People v. Luther, 58 P.3d 1013 (Colo. 2002). · cites it 2× “Section 18-8-105(l)(a)(V)(E) applies because Luther was sentenced consecutively for two felony convictions and both felonies have required periods of mandatory parole as listed in sub-subparagraph (A).”
Montoya v. People, 394 P.3d 676 (Colo. 2017). · cites it 2× “3d at 156-57 , “accessory to crime” is now a separate *691 crime, independent of any crime committed by a person to whom assistance is rendered, see § 18-8-105, C.R.S. (2016) (proscribing accessory to crime under title 18, article 8, part 1, which governs “Obstruction of Public…”
People v. Mann, 646 P.2d 352 (Colo. 1982). · cites it 5× “8); 3 and accessory to child abuse, section 18-8-105, C.R.S. 1973 (1978 Repl.”
Barreras v. People, 636 P.2d 686 (Colo. 1981). · cites it 13× “He further alleges that his conviction of accessory to theft of auto parts is invalid because, as a Title 42 offense, it is specifically excluded from the accessory statute, section 18-8-105, C.R.S.1973 (1978 Repl.Vol.”
— Colo. Rev. Stat. § 18-8-105(1) — 23 cases
v. Sosa, 2019 COA 182 (Colo. Ct. App. 2019). “” § 18-8-105(1), C.R.S. 2019; see also § 18-8-105(5) (“Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed .”
People v. R. V., 635 P.2d 892 (Colo. 1981). “The offenses of accessory during and after the fact were repealed by the adoption of the Criminal Code which redefined the offense as accessory to crime in section 18-8-105, C.R.S.1973 (1978 Repl.Vol.”
People v. Pratt, 759 P.2d 676 (Colo. 1988). “Because I believe the record shows that the cross-examination at issue was correctly permitted and conducted, I do not find an abuse of discretion. [8] For this reason, I would hold that no error occurred during the cross-examination of the character witnesses.”
People v. Newton, 966 P.2d 563 (Colo. 1998). “Statement Against Penal Interest Under section 18-8-105(1), 6 C.R.S. (1997), "A person is an accessory to a crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime,…”
People Ex Rel. H.W., III, 226 P.3d 1134 (Colo. Ct. App. 2009). “While arguably the "base crime" of accessory could be said to be set forth in section 18-8-105(1), no provision in section 18-8-105 provides a punishment solely for the acts identified in subsection (1); punishments are provided only with respect to the additional acts or…”
— Colo. Rev. Stat. § 18-8-105(2) — 2 cases
People v. Preciado-Flores, 66 P.3d 155 (Colo. Ct. App. 2002). “Section 18-8-105, C.R.8.2002. Punishing the offense of accessory to a crime more severely than the offense of false reporting does not violate equal protection, because the offenses are distinguishable.”
People v. Sandoval, 791 P.2d 1211 (Colo. Ct. App. 1990).
— Colo. Rev. Stat. § 18-8-105(2)(a) — 2 cases
People v. Sandoval, 791 P.2d 1211 (Colo. Ct. App. 1990).
Peo v. Manzanares (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 18-8-105(2)(b) — 1 case
People v. Newton, 966 P.2d 563 (Colo. 1998). “Statement Against Penal Interest Under section 18-8-105(1), 6 C.R.S. (1997), "A person is an accessory to a crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime,…”
— Colo. Rev. Stat. § 18-8-105(2)(d) — 2 cases
People v. Pratt, 759 P.2d 676 (Colo. 1988). “Because I believe the record shows that the cross-examination at issue was correctly permitted and conducted, I do not find an abuse of discretion. [8] For this reason, I would hold that no error occurred during the cross-examination of the character witnesses.”
People v. Preciado-Flores, 66 P.3d 155 (Colo. Ct. App. 2002). “Section 18-8-105, C.R.8.2002. Punishing the offense of accessory to a crime more severely than the offense of false reporting does not violate equal protection, because the offenses are distinguishable.”
— Colo. Rev. Stat. § 18-8-105(2)(e) — 2 cases
People v. Ager, 928 P.2d 784 (Colo. Ct. App. 1996).
People v. Broom, 797 P.2d 754 (Colo. Ct. App. 1990).
— Colo. Rev. Stat. § 18-8-105(3) — 7 cases
Medina v. People, 163 P.3d 1136 (Colo. 2007). “Although the information listed Medina's charge as a class 4 felony under section 18-8-105, C.R.S. (2002), the information did not include a necessary element required for a conviction of class 4 accessory-that the defendant knew that the person she was assisting had committed a…”
People v. Newton, 966 P.2d 563 (Colo. 1998). “Statement Against Penal Interest Under section 18-8-105(1), 6 C.R.S. (1997), "A person is an accessory to a crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime,…”
People v. Medina, 140 P.3d 64 (Colo. Ct. App. 2006).
People Ex Rel. H.W., III, 226 P.3d 1134 (Colo. Ct. App. 2009). “While arguably the "base crime" of accessory could be said to be set forth in section 18-8-105(1), no provision in section 18-8-105 provides a punishment solely for the acts identified in subsection (1); punishments are provided only with respect to the additional acts or…”
People Ex Rel. Hw, III, 226 P.3d 1134 (Colo. Ct. App. 2009).
— Colo. Rev. Stat. § 18-8-105(4) — 8 cases
Medina v. People, 163 P.3d 1136 (Colo. 2007). “Although the information listed Medina's charge as a class 4 felony under section 18-8-105, C.R.S. (2002), the information did not include a necessary element required for a conviction of class 4 accessory-that the defendant knew that the person she was assisting had committed a…”
People v. Garcia, 815 P.2d 937 (Colo. 1991). “[4] The crime of accessory to first degree assault, as charged, was a class 5 felony, § 18-8-105(4), 8B C.R.S. (1986), punishable by a presumptive minimum sentence of one year and a presumptive maximum sentence of four years, § 18-1-105(1)(a)(IV), 8B C.”
People v. Couillard, 131 P.3d 1146 (Colo. Ct. App. 2005).
People Ex Rel. H.W., III, 226 P.3d 1134 (Colo. Ct. App. 2009). “While arguably the "base crime" of accessory could be said to be set forth in section 18-8-105(1), no provision in section 18-8-105 provides a punishment solely for the acts identified in subsection (1); punishments are provided only with respect to the additional acts or…”
People v. Hopkins, 328 P.3d 253 (Colo. Ct. App. 2013).
— Colo. Rev. Stat. § 18-8-105(5) — 6 cases
People v. Preciado-Flores, 66 P.3d 155 (Colo. Ct. App. 2002). “Section 18-8-105, C.R.8.2002. Punishing the offense of accessory to a crime more severely than the offense of false reporting does not violate equal protection, because the offenses are distinguishable.”
People Ex Rel. H.W., III, 226 P.3d 1134 (Colo. Ct. App. 2009). “While arguably the "base crime" of accessory could be said to be set forth in section 18-8-105(1), no provision in section 18-8-105 provides a punishment solely for the acts identified in subsection (1); punishments are provided only with respect to the additional acts or…”
v. Sosa, 2019 COA 182 (Colo. Ct. App. 2019). “” § 18-8-105(1), C.R.S. 2019; see also § 18-8-105(5) (“Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed .”
Barreras v. People, 636 P.2d 686 (Colo. 1981). “He further alleges that his conviction of accessory to theft of auto parts is invalid because, as a Title 42 offense, it is specifically excluded from the accessory statute, section 18-8-105, C.R.S.1973 (1978 Repl.Vol.”
People v. Barreras, 618 P.2d 704 (Colo. Ct. App. 1980).
— Colo. Rev. Stat. § 18-8-105(8) — 3 cases
People Ex Rel. H.W., III, 226 P.3d 1134 (Colo. Ct. App. 2009). “While arguably the "base crime" of accessory could be said to be set forth in section 18-8-105(1), no provision in section 18-8-105 provides a punishment solely for the acts identified in subsection (1); punishments are provided only with respect to the additional acts or…”
Medina v. People, 163 P.3d 1136 (Colo. 2007). “Although the information listed Medina's charge as a class 4 felony under section 18-8-105, C.R.S. (2002), the information did not include a necessary element required for a conviction of class 4 accessory-that the defendant knew that the person she was assisting had committed a…”
People v. Hopkins, 328 P.3d 253 (Colo. Ct. App. 2013).
— Colo. Rev. Stat. § 18-8-105(l) — 1 case
People v. Romero, 953 P.2d 550 (Colo. 1998).
— Colo. Rev. Stat. § 18-8-105(l)(a)(V)(E) — 1 case
People v. Luther, 58 P.3d 1013 (Colo. 2002). “Section 18-8-105(l)(a)(V)(E) applies because Luther was sentenced consecutively for two felony convictions and both felonies have required periods of mandatory parole as listed in sub-subparagraph (A).”
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