(1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.
(4) A person commits a class 2 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
(4.5) A person commits a class 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
(5) A person commits a petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
(6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16:
(a) Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(b) Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.
(7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement.
(8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S.
(9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3- 503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section.
(10) Repealed.
(11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section.
Source: L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-208. L. 75: (6) and (7) added, p. 638, § 1, effective May 22. L. 77: (8) added, p. 988, § 1, effective May 26; (1) to (5) and IP(6) amended, p. 966, § 43, effective July 1. L. 78: (8) amended, p. 263, § 50, effective May 23. L. 81: (1), (2), and (4) amended, p. 1008, § 1, effective June 12. L. 95: (9) added, p. 1255, § 16, effective July 1. L. 96: (9) amended, p. 1843, § 10, effective July 1; (10) added, p. 1682, § 7, effective January 1, 1997. L. 2000: (4) and (5) amended, p. 692, § 1, effective July 1. L. 2002:
(9) amended, p. 1516, § 202, effective October 1. L. 2013: (4.5) added, (9) amended, and (10) repealed, (SB 13-229), ch. 272, p. 1430, § 9, effective July 1; (11) added, (SB 13-250), ch. 333, p. 1925, § 34, effective October 1. L. 2017: (4.5) amended, (HB 17-1329), ch. 381, p. 1972, § 26, effective June 6. L. 2020: (11) amended, (HB 20-1019), ch. 9, p. 26, § 8, effective March 6. L. 2021: (4.5) and (11) amended, (SB 21-059), ch. 136, p. 723, § 51, effective October 1; (4), (4.5), (5), IP(6),(6)(a), and (6)(b) amended, (SB 21-271), ch. 462, p. 3198, § 289, effective March 1, 2022.
Editor's note: Amendments to subsection (4.5) by SB 21-059 and SB 21-271 were harmonized, effective March 1, 2022.
Cross references: (1) For absence from supervision constituting escape by a defendant conditionally released after verdict of not guilty by reason of insanity or by reason of impaired mental condition, see § 16-8-115 (3)(c); for failure to remain at or return to a community correctional facility constituting escape, see § 17-27-106.
(2) For the legislative declaration contained in the 2002 act amending subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
113
cases (
5 in the last 5 years), 1975–2025 · leading case:
Townsend v. People, 252 P.3d 1108 (Colo. 2011).
Townsend v. People, 252 P.3d 1108 (Colo. 2011).
· cites it 36× “punished as provided in section 18-8-208, C.R.S." Section 18-8-208(2) states that "[a] person commits a class 3 felony if .”
People v. Thornton, 929 P.2d 729 (Colo. 1996).
· cites it 38× “43, § 18-8-208, 1977 Colo. Sess. Laws 959 , 966; Ch.”
People v. Diaz, 2015 CO 28 (Colo. 2015).
· cites it 8× “3 We hold that section 18-8-208(1)(f) requires a consecutive sentence if, at the time of sentencing, the defendant is serving any other sentence.”
People v. McKnight, 626 P.2d 678 (Colo. 1981).
· cites it 24× “Appellant was subsequently recaptured and charged with escape in violation of section 18-8-208, C.R.S.1973 (1978 Repl. Vol.”
People v. Stewart, 55 P.3d 107 (Colo. 2002).
· cites it 4× “The state charged Stewart with one count of first degree assault against Ehrmann, a class 3 felony in violation of section 18-3-202(1)(a); one count of reckless second degree assault against Ehrmann, a class 4 felony, in violation of section 18-8-208(1)(d), 6 C.R.S. (2001); four…”
Kaufman v. People, 202 P.3d 542 (Colo. 2009).
· cites it 5× “All parties agree that the first part of the instruction erroneously paralleled a standard set forth in section 18-8-208(1)(a), a statute repealed in 1994, as opposed to the current and controlling statute, section 18-3-203(1)(b), (g), C.”
People v. Johnson, 327 P.3d 305 (Colo. Ct. App. 2013).
· cites it 20× “T2 As an issue of first impression, we conclude that escape under section 18-8-208, C.R.S.2012, is a "continuing offense," and that such an escape does not terminate until the defendant is returned to custody in Colorado.”
v. Payne, 2019 COA 167 (Colo. Ct. App. 2019).
· cites it 3× “1994) (holding that the trial court abused its discretion by failing to define custody and confinement, as used in section 18-8-208, C.R.S. 2019, the escape statute, after the jury requested a definition, because the terms have specific meanings, but concluding that its failure…”
v. Pennington, 2021 COA 9 (Colo. Ct. App. 2021).
· cites it 25× “¶2 In this case, the prosecution appeals the district court’s order of June 19, 2020, that sua sponte amended the charge against defendant, Emily Marie Pennington, from felony escape under section 18-8-208, C.R.S. 2019, to a charge of unauthorized absence under a provision of…”
People v. Perea, 74 P.3d 326 (Colo. Ct. App. 2002).
· cites it 12× “e extended limits on his confinement as established under the intensive supervision program, or, having been ordered by the parole board, the executive director, or the administrator of the program to return to the correctional institution, neglects or fails to do so, he shall…”
People v. Padilla, 113 P.3d 1260 (Colo. Ct. App. 2005).
· cites it 17× “The crime of escape is defined in § 18-8-208, C.R.S.2004. It can be committed in several ways, but each variation refers to escape from “custody or confinement.”
People v. Benavidez, 222 P.3d 391 (Colo. Ct. App. 2009).
· cites it 7× “He was then also charged with second degree assault in violation of section 18-8-208(1)(f), C.R.S8.2008. In a consolidated disposition, defendant pleaded guilty to one count each of theft from a person, misdemeanor assault, and second degree assault of a peace officer; the…”
— Colo. Rev. Stat. § 18-8-208(1) — 8 cases
People v. Johnson, 327 P.3d 305 (Colo. Ct. App. 2013).
“T2 As an issue of first impression, we conclude that escape under section 18-8-208, C.R.S.2012, is a "continuing offense," and that such an escape does not terminate until the defendant is returned to custody in Colorado.”
People v. Padilla, 113 P.3d 1260 (Colo. Ct. App. 2005).
“The crime of escape is defined in § 18-8-208, C.R.S.2004. It can be committed in several ways, but each variation refers to escape from “custody or confinement.”
— Colo. Rev. Stat. § 18-8-208(1)(a) — 2 cases
Kaufman v. People, 202 P.3d 542 (Colo. 2009).
“All parties agree that the first part of the instruction erroneously paralleled a standard set forth in section 18-8-208(1)(a), a statute repealed in 1994, as opposed to the current and controlling statute, section 18-3-203(1)(b), (g), C.”
— Colo. Rev. Stat. § 18-8-208(1)(b) — 6 cases
— Colo. Rev. Stat. § 18-8-208(1)(c) — 3 cases
— Colo. Rev. Stat. § 18-8-208(1)(d) — 3 cases
People v. Stewart, 55 P.3d 107 (Colo. 2002).
“The state charged Stewart with one count of first degree assault against Ehrmann, a class 3 felony in violation of section 18-3-202(1)(a); one count of reckless second degree assault against Ehrmann, a class 4 felony, in violation of section 18-8-208(1)(d), 6 C.R.S. (2001); four…”
— Colo. Rev. Stat. § 18-8-208(1)(f) — 3 cases
People v. Diaz, 2015 CO 28 (Colo. 2015).
“3 We hold that section 18-8-208(1)(f) requires a consecutive sentence if, at the time of sentencing, the defendant is serving any other sentence.”
People v. Benavidez, 222 P.3d 391 (Colo. Ct. App. 2009).
“He was then also charged with second degree assault in violation of section 18-8-208(1)(f), C.R.S8.2008. In a consolidated disposition, defendant pleaded guilty to one count each of theft from a person, misdemeanor assault, and second degree assault of a peace officer; the…”
— Colo. Rev. Stat. § 18-8-208(1)(g) — 2 cases
Kaufman v. People, 202 P.3d 542 (Colo. 2009).
“All parties agree that the first part of the instruction erroneously paralleled a standard set forth in section 18-8-208(1)(a), a statute repealed in 1994, as opposed to the current and controlling statute, section 18-3-203(1)(b), (g), C.”
— Colo. Rev. Stat. § 18-8-208(10) — 2 cases
— Colo. Rev. Stat. § 18-8-208(11) — 2 cases
v. Pennington, 2021 COA 9 (Colo. Ct. App. 2021).
“¶2 In this case, the prosecution appeals the district court’s order of June 19, 2020, that sua sponte amended the charge against defendant, Emily Marie Pennington, from felony escape under section 18-8-208, C.R.S. 2019, to a charge of unauthorized absence under a provision of…”
— Colo. Rev. Stat. § 18-8-208(2) — 31 cases
Townsend v. People, 252 P.3d 1108 (Colo. 2011).
“punished as provided in section 18-8-208, C.R.S." Section 18-8-208(2) states that "[a] person commits a class 3 felony if .”
— Colo. Rev. Stat. § 18-8-208(2)(b) — 2 cases
— Colo. Rev. Stat. § 18-8-208(2)(c) — 3 cases
— Colo. Rev. Stat. § 18-8-208(3) — 18 cases
People v. Thornton, 929 P.2d 729 (Colo. 1996).
“43, § 18-8-208, 1977 Colo. Sess. Laws 959 , 966; Ch.”
— Colo. Rev. Stat. § 18-8-208(5) — 2 cases
— Colo. Rev. Stat. § 18-8-208(6) — 3 cases
— Colo. Rev. Stat. § 18-8-208(6)(b) — 1 case
— Colo. Rev. Stat. § 18-8-208(8) — 6 cases
People v. Thornton, 929 P.2d 729 (Colo. 1996).
“43, § 18-8-208, 1977 Colo. Sess. Laws 959 , 966; Ch.”
People v. Johnson, 327 P.3d 305 (Colo. Ct. App. 2013).
“T2 As an issue of first impression, we conclude that escape under section 18-8-208, C.R.S.2012, is a "continuing offense," and that such an escape does not terminate until the defendant is returned to custody in Colorado.”
— Colo. Rev. Stat. § 18-8-208(9) — 2 cases
v. Scott, 2019 COA 174 (Colo. Ct. App. 2019).
— Colo. Rev. Stat. § 18-8-208(b) — 1 case
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