18-8-116. Disarming a peace officer.

Statute text

(1) A person commits disarming a peace officer if he or she knowingly, without justification and without consent, removes the firearm or self-defense electronic control device, direct-contact stun device, or other similar device of a peace officer who is acting under color of his or her official authority.

(2) Disarming a peace officer is a class 5 felony.

(3) The term "peace officer" as used in this section means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person.

History

Source: L. 85: Entire section added, p. 677, 1, effective July 1. L. 2009: (1) amended, (HB 09-1120), ch. 305, p. 1651, 3, effective July 1.

Annotations

 

ANNOTATION

Annotations

A police baton is not within subsection (1)'s purview. People v. Tomaske, 2022 COA 52, 516 P.3d 534.

Self-defense instruction required for case involving unreasonable or excessive force during an arrest when defendant charged with attempting to disarm a peace officer. Self-defense instruction is required when evidence has been presented that officers displayed weapons and were commanded to discharge them in course of effecting arrest and that their conduct was unreasonable or excessive under the circumstances. People v. Fuller, 781 P.2d 647 (Colo. 1989).