(1) A person confined in any detention facility within the state commits active participation in a riot when he, with two or more other persons, actively participates in violent conduct that creates grave danger of, or does cause, damage to property or injury to persons and substantially obstructs the performance of institutional functions, or commands, induces, entreats, or otherwise attempts to persuade others to engage in such conduct.
(2) Active participation in a riot by any person while confined in any detention facility within the state:
(a) Is a class 3 felony if the participant employs in the course of such participation a deadly weapon, as defined in section 18-1-901 (3)(e), destructive device, as defined in section 18-9-101 (1), or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if the participant, in the course of such participation, represents verbally or otherwise that he or she is armed with a deadly weapon; or
(b) Is a class 4 felony if the participant does not employ any such weapon or device in the course of such participation.
(3) A person confined in any detention facility in this state commits a class 5 felony if, during a riot or when a riot is impending, he intentionally disobeys an order of a detention officer to move, disperse, or refrain from specified activities in the immediate vicinity of the riot or impending riot.
(4) "Detention facility", as used in this section, means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
Source: L. 76, Ex. Sess.: Entire section added, p. 14, § 1, effective September 18. L. 77:
(4) amended, p. 949, § 12, effective July 13. L. 79: Entire section amended, p. 701, § 3, effective July 1; (1) amended, p. 725, § 2, effective October 1. L. 86: (1), IP(2), (2)(b), and (3) amended and (4) R&RE, p. 771, §§ 10, 11, effective July 1. L. 2000: (2)(a) amended, p. 696, § 9, effective July 1. L. 2023: (2)(b) amended, (HB 23-1293), ch. 298, p. 1788, § 28, effective October 1.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1987–2026 · leading case:
People v. Lacallo, 2014 COA 78, 338 P.3d 442.
People v. Lacallo, 2014 COA 78, 338 P.3d 442.
· cites it 10× “§ 18-8-211, C.R.S. 2018. And it did not specify detention facilities in the general riot statute, section 18-9-104.”
People v. Andrews, 871 P.2d 1199 (Colo. 1994).
· cites it 4× “Any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.”
People v. Garcia, 64 P.3d 857 (Colo. Ct. App. 2002).
· cites it 2× ““Any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.”
People v. Alaniz, 2016 COA 101, 409 P.3d 508.
· cites it 2× “The General Assembly recently enacted an amendment to the statute, which has not yet taken effect, that provides, "[a]s used 'in this section, unless the context otherwise requires, 'dwelling' does not include any place of habitation in a detention facility, as defined in…”
People v. Thomas, 832 P.2d 990 (Colo. Ct. App. 1991).
· cites it 4× “In May 1989, the defendant was charged with one count of riot in a detention facility in violation of § 18-8-211(1), C.R.S. (1986 Repl.Vol. 8B), an unclassified felony.”
People v. Akers, 746 P.2d 1381 (Colo. Ct. App. 1987).
“8B) provides that any person who is convicted of an offense under § 18-8-201 through § 18-8-208 or § 18-8-211 shall serve a sentence consecutive to any other sentence being served.”
People v. Evans, 2015 COA 156, 363 P.3d 814.
· cites it 4× “It provides: (1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was…”
Eaves v. CDOC, No. 25CA1002 (Colo. Ct. App. Apr. 16, 2026).
· cites it 4× “” § 18-8-211(1), C.R.S. 2025. ¶ 13 Even if the elements were the same, we are aware of no reason why the COPD and criminal statutes could not proscribe the same conduct.”
People v. Evans, 2015 COA 156.
· cites it 4× “It provides: (1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was…”
Colo. Rev. Stat. § 18-8-211(1): 3 cases
People v. Lacallo, 2014 COA 78, 338 P.3d 442.
“§ 18-8-211, C.R.S. 2018. And it did not specify detention facilities in the general riot statute, section 18-9-104.”
People v. Thomas, 832 P.2d 990 (Colo. Ct. App. 1991).
“In May 1989, the defendant was charged with one count of riot in a detention facility in violation of § 18-8-211(1), C.R.S. (1986 Repl.Vol. 8B), an unclassified felony.”
Eaves v. CDOC, No. 25CA1002 (Colo. Ct. App. Apr. 16, 2026).
“” § 18-8-211(1), C.R.S. 2025. ¶ 13 Even if the elements were the same, we are aware of no reason why the COPD and criminal statutes could not proscribe the same conduct.”
Colo. Rev. Stat. § 18-8-211(2)(a): 1 case
People v. Thomas, 832 P.2d 990 (Colo. Ct. App. 1991).
“In May 1989, the defendant was charged with one count of riot in a detention facility in violation of § 18-8-211(1), C.R.S. (1986 Repl.Vol. 8B), an unclassified felony.”
Colo. Rev. Stat. § 18-8-211(4): 2 cases
People v. Alaniz, 2016 COA 101, 409 P.3d 508.
“The General Assembly recently enacted an amendment to the statute, which has not yet taken effect, that provides, "[a]s used 'in this section, unless the context otherwise requires, 'dwelling' does not include any place of habitation in a detention facility, as defined in…”
People v. Lacallo, 2014 COA 78, 338 P.3d 442.
“§ 18-8-211, C.R.S. 2018. And it did not specify detention facilities in the general riot statute, section 18-9-104.”
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