(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.
Defendant's act of touching a knife to the officer's person was not sufficient to establish the elements of assault-during-escape. To hold, under the present criminal code, that a threat with a deadly weapon constitutes an assault with intent to commit bodily injury would eliminate any distinction between the crimes of menacing (under 18-3-206) and assault with intent to commit bodily injury. People v. Wilson, 791 P.2d 1247 (Colo. App. 1990).
Where the defendant aided and abetted an escapee's assault on an officer with intent to inflict bodily injury, there was also sufficient evidence for a jury to find the defendant guilty of assault-during-escape. People v. Wilson, 791 P.2d 1247 (Colo. App. 1990).
Jury instructions adequately informed jury of the elements of assault-during-escape when read as a whole and which were not objected to and included definitions of "bodily injury", "deadly weapon," and "assault". People v. Wilson, 791 P.2d 1247 (Colo. App. 1990).
Applied in People v. West, 42 Colo. App. 217, 603 P.2d 967 (1979).