(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 felony if the participant does not employ any such weapon or device in the course of such participation, and, upon conviction thereof, the punishment shall be imprisonment in a detention facility for not less than two years nor more than ten years.
(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.
Engaging in a riot, 18-9-104, is not a lesser included offense of riots in detention facilities. Each offense contains a different element. The riots in detention facilities offense requires the offender to be confined in a detention center and the engaging in a riot offense requires causing a public disturbance. People v. Lacallo, 2014 COA 78, 338 P.3d 442.