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

Colo. Rev. Stat. § 18-8-206 (2026)

Assault during escape

✓ current as of July 2026
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(1) Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury upon the person of another with a deadly weapon, or by any means of force likely to produce serious bodily injury, commits:

(a) A class 1 felony, if the person has been convicted of a class 1 felony; or

(b) A class 2 felony, if the person has been convicted of a felony other than a class 1 felony; or

(c) A class 3 felony, if the person was in custody or confinement and held for or charged with but not convicted of a felony; or

(d) A class 3 felony, if the person was in custody or confinement and charged with, held for, or convicted of a misdemeanor or a petty offense.

Source: L. 71: R&RE, p. 458, § 1. C.R.S. 1963: § 40-8-206. L. 83: (1)(c) amended and

(1)(d) added, p. 708, § 1, effective July 1.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1990–2026 · leading case: Sanchez-martinez v. People, 250 P.3d 1248 (Colo. 2011).
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Sanchez-martinez v. People, 250 P.3d 1248 (Colo. 2011). · cites it 3× “(2010), and misdemeanor menacing, section 18-8-206, C.R.S. (2010). The prosecution charged both counts as acts of domestic violence pursuant to section 18-6-801, C.”
People v. DiGuglielmo, 33 P.3d 1248 (Colo. Ct. App. 2001). · cites it 2× “Defendant pled guilty to menacing, a class five felony, under § 18-8-206, C.R.S.2000. The plea agreement provided that the prose-" cution agreed to a sentence to probation.”
People v. Wilson, 791 P.2d 1247 (Colo. Ct. App. 1990). · cites it 4× “The instruction in question tracks the language of § 18-8-206, C.R.S. (1986 Repl.Vol. 8B), as well as COUI-Crim.”
People v. Andrews, 871 P.2d 1199 (Colo. 1994). · cites it 2× “[4] § 18-8-206, 8B C.R.S. (1986). [5] § 18-8-203, 8B C.”
People v. Neuhaus, 240 P.3d 391 (Colo. Ct. App. 2009). · cites it 2× “Background Defendant, Shane Aaron Neuhaus, was charged with two counts of menacing under *393 section 18-8-206(1)(a) & (b), C.R.S., 2009, one count of possession of a weapon by a previous offender under section 18-12-108(1), (2)(c), C.”
People v. Juv. Court, City & Cnty. of Denver, 893 P.2d 81 (Colo. 1995). · cites it 2× “, a juvenile, was arrested for felony menacing in violation of section 18-8-206, 8B C.R.S. (1986), 4 and unlawful possession of a handgun by a juvenile, in violation of the handgun statute.”
People v. Mazzoni, 165 P.3d 719 (Colo. Ct. App. 2006). · cites it 2× “Pursuant to a plea bargain, defendant entered a plea of guilty to an added count of felony menacing, § 18-8-206, C.R.S.2006, in exchange for the dismissal of the original charges.”
People v. Padilla, 878 P.2d 4 (Colo. Ct. App. 1994). · cites it 2× “8B); assault committed during escape while confined following a conviction of a class 1 felony, § 18-8-206, C.R.S. (1986 RepLVol. 8B); and treason, § 18-11-101, C.”
Peo v. Clark (Colo. Ct. App. 2026). · cites it 3× “See § 18-8-206(1) (“Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury 11 upon the person of another with a deadly weapon, or by any means of force likely to…”
— Colo. Rev. Stat. § 18-8-206(1) — 2 cases
People v. Wilson, 791 P.2d 1247 (Colo. Ct. App. 1990). “The instruction in question tracks the language of § 18-8-206, C.R.S. (1986 Repl.Vol. 8B), as well as COUI-Crim.”
Peo v. Clark (Colo. Ct. App. 2026). “See § 18-8-206(1) (“Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury 11 upon the person of another with a deadly weapon, or by any means of force likely to…”
— Colo. Rev. Stat. § 18-8-206(1)(a) — 2 cases
People v. Neuhaus, 240 P.3d 391 (Colo. Ct. App. 2009). “Background Defendant, Shane Aaron Neuhaus, was charged with two counts of menacing under *393 section 18-8-206(1)(a) & (b), C.R.S., 2009, one count of possession of a weapon by a previous offender under section 18-12-108(1), (2)(c), C.”
Peo v. Clark (Colo. Ct. App. 2026). “See § 18-8-206(1) (“Any person confined in any lawful place of confinement within the state who, while escaping or attempting to escape, commits an assault with intent to commit bodily injury 11 upon the person of another with a deadly weapon, or by any means of force likely to…”
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