Colorado Revised Statutes

Colo. Rev. Stat. § 18-8-108 (2026)

Compounding

✓ current as of July 2026
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(1) A person commits compounding if he accepts or agrees to accept any pecuniary benefit as consideration for:

(a) Refraining from seeking prosecution of an offender; or

(b) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime.

(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

(3) Compounding is a class 2 misdemeanor.

Source: L. 71: R&RE, p. 456, § 1. C.R.S. 1963: § 40-8-108. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3195, § 276, effective March 1, 2022.

Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.

Notes of Decisions
Cited in 9 cases, 1997–2015 · leading case: People v. Cardenas, 25 P.3d 1258 (Colo. Ct. App. 2000).
People v. Cardenas, 25 P.3d 1258 (Colo. Ct. App. 2000). · cites it 5× “" Section 18-1-501(6), C.R.8.2000. Second degree murder is a class two felony; however, it is reduced to a class three felony if jurors find a defendant acted with heat of passion.”
People v. Wartena, 296 P.3d 136 (Colo. Ct. App. 2012). · cites it 2× “§ 18-8-108(1), C.R.S. 2011. The lesser included offense of attempted first degree assault, by contrast, requires only a substantial step toward intentionally causing serious bodily injury by means of a deadly weapon.”
People v. Vialpando, 954 P.2d 617 (Colo. Ct. App. 1997). · cites it 3× “Section 18-8-108(2), C.R.S. (1996 Cum. Supp.”
People v. Poindexter, 338 P.3d 352 (Colo. Ct. App. 2013). · cites it 2× “2012; or resisting arrest by using physical force against a peace officer, which is found in title 8 of article 18 (Offenses-Governmental Operations), see § 18-8-108(1)(a), C.R.S. 2012. {28 Further, the placement of criminal statutes in particular articles does not necessarily…”
People v. Brown, 217 P.3d 1252 (Colo. 2009). “§§ 18-8-108 to -104; see also Dempsey v. People, 117 P.”
People v. Lanzieri, 25 P.3d 1170 (Colo. 2001). · cites it 2× “With the enactment of section 18-8-108, however, the legislature made clear that self-help was no longer an appropriate recourse for an individual challenging an arrest made under color of state law.”
People v. Whatley, 10 P.3d 668 (Colo. Ct. App. 2000). · cites it 2× “Finally, § 18-8-108, C.R.S.1999, states: (1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by: (a) [ulsing or threatening to use…”
People v. Baca, 2015 COA 153 (Colo. Ct. App. 2015). “1 51 Thus, as relevant here, an attempt to commit second degree murder (second degree murder being both a per se crime of violence, see § 18-8-108(4), C.R.8,.2015, and a "defined" crime of violence) is a per se crime of violence for sentencing purposes.”
People v. Martinez, 32 P.3d 582 (Colo. Ct. App. 2001). “He further asserts that the legislative history of § 18-8-103(3)(b) shows that the General Assembly intended that heat of passion second degree murder be a separate offense from second degree murder under § 18-8-108(1). Thus he argues that since he was convicted of heat of…”
— Colo. Rev. Stat. § 18-8-108(1) — 3 cases
People v. Wartena, 296 P.3d 136 (Colo. Ct. App. 2012). “§ 18-8-108(1), C.R.S. 2011. The lesser included offense of attempted first degree assault, by contrast, requires only a substantial step toward intentionally causing serious bodily injury by means of a deadly weapon.”
People v. Cardenas, 25 P.3d 1258 (Colo. Ct. App. 2000). “" Section 18-1-501(6), C.R.8.2000. Second degree murder is a class two felony; however, it is reduced to a class three felony if jurors find a defendant acted with heat of passion.”
People v. Martinez, 32 P.3d 582 (Colo. Ct. App. 2001). “He further asserts that the legislative history of § 18-8-103(3)(b) shows that the General Assembly intended that heat of passion second degree murder be a separate offense from second degree murder under § 18-8-108(1). Thus he argues that since he was convicted of heat of…”
— Colo. Rev. Stat. § 18-8-108(1)(a) — 1 case
People v. Poindexter, 338 P.3d 352 (Colo. Ct. App. 2013). “2012; or resisting arrest by using physical force against a peace officer, which is found in title 8 of article 18 (Offenses-Governmental Operations), see § 18-8-108(1)(a), C.R.S. 2012. {28 Further, the placement of criminal statutes in particular articles does not necessarily…”
— Colo. Rev. Stat. § 18-8-108(2) — 1 case
People v. Vialpando, 954 P.2d 617 (Colo. Ct. App. 1997). “Section 18-8-108(2), C.R.S. (1996 Cum. Supp.”
— Colo. Rev. Stat. § 18-8-108(4) — 1 case
People v. Baca, 2015 COA 153 (Colo. Ct. App. 2015). “1 51 Thus, as relevant here, an attempt to commit second degree murder (second degree murder being both a per se crime of violence, see § 18-8-108(4), C.R.8,.2015, and a "defined" crime of violence) is a per se crime of violence for sentencing purposes.”
— Colo. Rev. Stat. § 18-8-108(8)(b) — 1 case
People v. Cardenas, 25 P.3d 1258 (Colo. Ct. App. 2000). “" Section 18-1-501(6), C.R.8.2000. Second degree murder is a class two felony; however, it is reduced to a class three felony if jurors find a defendant acted with heat of passion.”
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