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Colorado Revised Statutes

Colo. Rev. Stat. § 18-8-202 (2026)

Inducing prisoners to absent selves - repeal

✓ current as of July 2026
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(Repealed)

Source: L. 71: R&RE, p. 458, § 1. C.R.S. 1963: § 40-8-202. L. 2021: (2) added by revision, (SB 21-271), ch. 462, pp. 3196, 3331, §§ 283, 803. Editor's note: Subsection (2) provided for the repeal of this section, effective March 1, 2022. (See L. 2021, pp. 3196, 3331.)

Notes of Decisions
Cited in 13 cases, 1979–2015 · leading case: People v. Baird, 66 P.3d 183 (Colo. Ct. App. 2002).
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People v. Baird, 66 P.3d 183 (Colo. Ct. App. 2002). · cites it 4× “" - Section 18-8-202(1)(a), CRS. 2002. "Serious bodily injury" means: bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted…”
People v. Ferguson, 43 P.3d 705 (Colo. Ct. App. 2001). · cites it 3× “See § 18-8-202(@2)(a), C.R.S8.2001. The presumptive sentencing range for a class five felony is one to three years imprisonment.”
People v. Gee, 2015 COA 151 (Colo. Ct. App. 2015). · cites it 2× “§ 18-8-202(2)(b) (first degree assault); § 18-4-202(2) (first degree burglary); §.”
People v. Canody, 166 P.3d 218 (Colo. Ct. App. 2007). · cites it 6× “Canody was convicted of first degree assault under § 18-8-202(1)(a), C.R.S.2006. This is a class three felony that triggers a special penalty range of ten to thirty-two years under the combined operation of four related statutes: 1.”
People v. Ellis, 30 P.3d 774 (Colo. Ct. App. 2001). · cites it 2× “" Section 18-8-202(e), C.R.8.2000. Based on our discussion in part II and the reasons stated therein, we conclude that the evidence was sufficient to support defendant's conviction for first degree extreme indifference assault.”
People v. Saleh, 45 P.3d 1272 (Colo. 2002). · cites it 2× “The prosecution charged Saleh with one count of first degree assault with a deadly weapon under section 18-8-202(1)(a), 6 C.R.S. (2001). The prosecution added three habitual criminal counts at a later date.”
People v. Lee, 30 P.3d 686 (Colo. Ct. App. 2000). · cites it 2× “1998) (construing nearly identical language in § 18-8-202, C.R.S.1999, the first degree assault statute).”
People v. Sanchez, 253 P.3d 1260 (Colo. Ct. App. 2010). · cites it 2× “We conclude that by enacting section 18-8-202(2)(a) the General Assembly did not intend to create a new offense of first-degree assault committed under heat of passion, which contained the same elements as first-degree assault and an additional element of heat of passion.”
People v. Saleh, 25 P.3d 1248 (Colo. Ct. App. 2001). · cites it 2× “Section 18-8-202(1)(c), C.R.8.2000. As can be seen, therefore, the seriousness of the offense depends upon the intent of the actor, the degree of injury caused, and whether the injury was caused by means of a deadly weapon.”
People v. Garcia, 1 P.3d 214 (Colo. Ct. App. 2000). “See § 18-8-202, C.R.8.1998. Based on that interpretation, the Rowe court determined the trial court had erred by instructing the jury that first degree assault committed under provocation was a lesser-included offense of first degree assault.”
People v. Stewart, 26 P.3d 17 (Colo. Ct. App. 2001). · cites it 2× “Defendant was initially charged with first degree assault, § 18-8-202, C.R.S.1999, and reckless vehicular assault, § 18-8-205(1)(a), C.”
People v. Fisher, 926 P.2d 170 (Colo. Ct. App. 1996). “Because the People concede that defendant cannot be convicted of both assault under § 18-8-202(l)(d) and aggravated robbery, one of those convictions must be vacated.”
Show all 13 citing cases →
— Colo. Rev. Stat. § 18-8-202(1)(a) — 4 cases
People v. Baird, 66 P.3d 183 (Colo. Ct. App. 2002). “" - Section 18-8-202(1)(a), CRS. 2002. "Serious bodily injury" means: bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted…”
People v. Ferguson, 43 P.3d 705 (Colo. Ct. App. 2001). “See § 18-8-202(@2)(a), C.R.S8.2001. The presumptive sentencing range for a class five felony is one to three years imprisonment.”
People v. Saleh, 45 P.3d 1272 (Colo. 2002). “The prosecution charged Saleh with one count of first degree assault with a deadly weapon under section 18-8-202(1)(a), 6 C.R.S. (2001). The prosecution added three habitual criminal counts at a later date.”
People v. Canody, 166 P.3d 218 (Colo. Ct. App. 2007). “Canody was convicted of first degree assault under § 18-8-202(1)(a), C.R.S.2006. This is a class three felony that triggers a special penalty range of ten to thirty-two years under the combined operation of four related statutes: 1.”
— Colo. Rev. Stat. § 18-8-202(1)(c) — 1 case
People v. Saleh, 25 P.3d 1248 (Colo. Ct. App. 2001). “Section 18-8-202(1)(c), C.R.8.2000. As can be seen, therefore, the seriousness of the offense depends upon the intent of the actor, the degree of injury caused, and whether the injury was caused by means of a deadly weapon.”
— Colo. Rev. Stat. § 18-8-202(2)(a) — 1 case
People v. Sanchez, 253 P.3d 1260 (Colo. Ct. App. 2010). “We conclude that by enacting section 18-8-202(2)(a) the General Assembly did not intend to create a new offense of first-degree assault committed under heat of passion, which contained the same elements as first-degree assault and an additional element of heat of passion.”
— Colo. Rev. Stat. § 18-8-202(2)(b) — 1 case
People v. Gee, 2015 COA 151 (Colo. Ct. App. 2015). “§ 18-8-202(2)(b) (first degree assault); § 18-4-202(2) (first degree burglary); §.”
— Colo. Rev. Stat. § 18-8-202(2)(c) — 3 cases
People v. Baird, 66 P.3d 183 (Colo. Ct. App. 2002). “" - Section 18-8-202(1)(a), CRS. 2002. "Serious bodily injury" means: bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted…”
People v. Gee, 2015 COA 151 (Colo. Ct. App. 2015). “§ 18-8-202(2)(b) (first degree assault); § 18-4-202(2) (first degree burglary); §.”
People v. Canody, 166 P.3d 218 (Colo. Ct. App. 2007). “Canody was convicted of first degree assault under § 18-8-202(1)(a), C.R.S.2006. This is a class three felony that triggers a special penalty range of ten to thirty-two years under the combined operation of four related statutes: 1.”
— Colo. Rev. Stat. § 18-8-202(e) — 1 case
People v. Ellis, 30 P.3d 774 (Colo. Ct. App. 2001). “" Section 18-8-202(e), C.R.8.2000. Based on our discussion in part II and the reasons stated therein, we conclude that the evidence was sufficient to support defendant's conviction for first degree extreme indifference assault.”
— Colo. Rev. Stat. § 18-8-202(l)(d) — 1 case
People v. Fisher, 926 P.2d 170 (Colo. Ct. App. 1996). “Because the People concede that defendant cannot be convicted of both assault under § 18-8-202(l)(d) and aggravated robbery, one of those convictions must be vacated.”
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