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

Colo. Rev. Stat. § 18-8-404 (2026)

First degree official misconduct

✓ current as of July 2026
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(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly:

(a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or

(b) Refrains from performing a duty imposed upon him by law; or

(c) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) First degree official misconduct is a class 1 misdemeanor.

Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-404. L. 83: (1)(b) amended, p. 710, § 1, effective June 10. L. 2000: IP(1) amended, p. 709, § 41, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3200, § 297, effective March 1, 2022.

Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 1977–2026 · leading case: People v. Penn, 379 P.3d 298 (Colo. 2016).
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People v. Penn, 379 P.3d 298 (Colo. 2016). · cites it 3× “T1 A county court jury convicted Brian Penn of unlawful sexual contact, a class 1 misdemeanor, in violation of section 18-8-404(1)(a), C.R.S8. (2015), On appeal to the district court, Penn argued that the county court committed reversible plain error by allowing an investigating…”
Hurtado v. Brady, 165 P.3d 871 (Colo. Ct. App. 2007). · cites it 4× “On July 22, 2005, Hurtado commenced a civil action against Brady, asserting claims of assault, battery, unlawful sexual contact in violation of § 18-8-404(1)(g), C.R.S.2006, and violation of § 18-6.”
v. Berry, 2020 CO 14 (Colo. 2020). · cites it 13× “(2019), does “public property” include property that is in the government’s possession but not owned by the government? And second, for the crime of official misconduct, under section 18-8-404, C.R.S. (2019), what is an act “relating to [an official’s] office?” Regarding the…”
People v. Holwuttle, 155 P.3d 447 (Colo. Ct. App. 2006). · cites it 7× “Defendant contends that § 18-8-404, C.R.S.2005, is unconstitutionally vague and violates equal protection.”
People v. Larsen, 808 P.2d 1265 (Colo. 1991). · cites it 12× “NOTES [1] Section 18-8-404, 8B C.R.S. (1986), provides: 18-8-404.”
Johns v. Dist. Ct. in & for 13th Jud. Dist., 561 P.2d 1 (Colo. 1977). · cites it 6× “Menacing is a class 3 misdemeanor, but if committed by the use of a deadly weapon, it is a class 5 felony." [5] Section 18-1-501(5), C.”
People v. Greer, 262 P.3d 920 (Colo. Ct. App. 2011). · cites it 2× “2010, and five counts of unlawful sexual contact (counts 4-8) in violation of section 18-8-404(1)(a). The jury convicted defendant on all counts except count 3.”
People v. Luttrell, 636 P.2d 712 (Colo. 1981). · cites it 8× “8) [3] , first-degree official misconduct under section 18-8-404, C.R.S.1973 (1978 Repl.Vol.”
People Ex Rel. Losavio v. Gentry, 606 P.2d 57 (Colo. 1980). · cites it 4× “” 2 Sections 18-8-404, C.R.S. 1973 (now in 1978 Repl.”
People v. Cook, 197 P.3d 269 (Colo. Ct. App. 2008). “& Counts six through eight: unlawful sexual contact-coeree child, class four felony, § 18-8-404(1.5), C.R.98.2008. Defendant was convicted on all three counts, which related to the girlfriend's daughter.”
People v. Gallegos, 260 P.3d 15 (Colo. Ct. App. 2010). “Gallegos concedes that he engaged in wrongdoing, but suggests the appropriate *22 charge should have been for the crime of first degree official misconduct, a class two misdemeanor, § 18-8-404, C.R.9$.2009. Whether Gallegos should have been charged with this offense or any other…”
People v. Walker, 321 P.3d 528 (Colo. Ct. App. 2011). · cites it 4× “The prosecution charged defendant with four counts of unlawful sexual contact pursuant to section 18-8-404(1.5), C.R.S.2010, which provides in pertinent part as follows: Any person who knowingly, with or without sexual contact, induces or coerces a child by any of the means set…”
Show all 30 citing cases →
— Colo. Rev. Stat. § 18-8-404(1) — 2 cases
People v. Larsen, 808 P.2d 1265 (Colo. 1991). “NOTES [1] Section 18-8-404, 8B C.R.S. (1986), provides: 18-8-404.”
People v. Peters (Colo. Ct. App. 2026).
— Colo. Rev. Stat. § 18-8-404(1)(a) — 6 cases
People v. Penn, 379 P.3d 298 (Colo. 2016). “T1 A county court jury convicted Brian Penn of unlawful sexual contact, a class 1 misdemeanor, in violation of section 18-8-404(1)(a), C.R.S8. (2015), On appeal to the district court, Penn argued that the county court committed reversible plain error by allowing an investigating…”
People v. Greer, 262 P.3d 920 (Colo. Ct. App. 2011). “2010, and five counts of unlawful sexual contact (counts 4-8) in violation of section 18-8-404(1)(a). The jury convicted defendant on all counts except count 3.”
v. Berry, 2020 CO 14 (Colo. 2020). “(2019), does “public property” include property that is in the government’s possession but not owned by the government? And second, for the crime of official misconduct, under section 18-8-404, C.R.S. (2019), what is an act “relating to [an official’s] office?” Regarding the…”
People v. Laeke, 280 P.3d 1 (Colo. Ct. App. 2009).
People v. LOYAS, 259 P.3d 505 (Colo. Ct. App. 2010).
— Colo. Rev. Stat. § 18-8-404(1)(g) — 1 case
Hurtado v. Brady, 165 P.3d 871 (Colo. Ct. App. 2007). “On July 22, 2005, Hurtado commenced a civil action against Brady, asserting claims of assault, battery, unlawful sexual contact in violation of § 18-8-404(1)(g), C.R.S.2006, and violation of § 18-6.”
— Colo. Rev. Stat. § 18-8-404(1l)(a) — 1 case
People v. Holwuttle, 155 P.3d 447 (Colo. Ct. App. 2006). “Defendant contends that § 18-8-404, C.R.S.2005, is unconstitutionally vague and violates equal protection.”
— Colo. Rev. Stat. § 18-8-404(2)(b) — 1 case
People v. Holwuttle, 155 P.3d 447 (Colo. Ct. App. 2006). “Defendant contends that § 18-8-404, C.R.S.2005, is unconstitutionally vague and violates equal protection.”
— Colo. Rev. Stat. § 18-8-404(8) — 1 case
People v. Holwuttle, 155 P.3d 447 (Colo. Ct. App. 2006). “Defendant contends that § 18-8-404, C.R.S.2005, is unconstitutionally vague and violates equal protection.”
— Colo. Rev. Stat. § 18-8-404(l)(a) — 1 case
People v. Laughlin, 621 P.2d 1388 (Colo. 1981).
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