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

Colo. Rev. Stat. § 18-8-803 (2024)

Use of excessive force

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) Subject to the provisions of section 18-1-707, a peace officer who uses excessive force in pursuance of such officer's law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen, including the provisions of part 1 of article 3 of this title concerning homicide and related offenses and the provisions of part 2 of said article 3 concerning assaults.

(2) As used in this section, "excessive force" means physical force which exceeds the degree of physical force permitted pursuant to section 18-1-707. The use of excessive force shall be presumed when a peace officer continues to apply physical force in excess of the force permitted by section 18-1-707 to a person who has been rendered incapable of resisting arrest.

Source: L. 91: Entire part added, p. 397, § 1, effective June 5.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1996–2022 · leading case: Bourie v. Dep't of Higher Educ., 929 P.2d 18 (Colo. Ct. App. 1996).
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Bourie v. Dep't of Higher Educ., 929 P.2d 18 (Colo. Ct. App. 1996). · cites it 3× “Section 18-8-803(1), C.R.S. (1995 Cum.Supp.”
People v. Jeremiah Anthony Tomaske, No. 19CA1491 (Colo. Ct. App. May 19, 2022). “5 Rather, subject to section 18- 1-707 (which sets forth rules on use of force in making an arrest), “a peace officer who uses excessive force in pursuance of such officer’s law enforcement duties shall be subject to the criminal laws of this state to the same degree as any…”
Colo. Rev. Stat. § 18-8-803(1): 1 case
Bourie v. Dep't of Higher Educ., 929 P.2d 18 (Colo. Ct. App. 1996). “Section 18-8-803(1), C.R.S. (1995 Cum.Supp.”
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