CO 18-3-202. Assault in the first degree

CO 18-3-202. Assault in the first degree

State: Colorado

Colorado Revised (C.R.S.) 2016

TITLE 18. CRIMINAL CODE

ARTICLE 3. OFFENSES AGAINST THE PERSON

PART 2. ASSAULTS

18-3-202. Assault in the first degree

As used in sections 18-3-201 to 18-3-204, unless the context otherwise requires:

(1) “Emergency medical care provider” means a doctor, intern, nurse, nurse’s aide, physician’s assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health care facility staff or security force who is involved in providing emergency medical care at a hospital or health care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103 (1) and (1.5), C.R.S.

(1.3) “Emergency medical service provider” has the same meaning as set forth in section 25-3.5-103 (8), C.R.S. The term refers to both paid and volunteer emergency medical service providers.

(1.5) “Firefighter” means an officer or member of a fire department or fire protection or fire-fighting agency of the state, or any municipal or quasi-municipal corporation in this state, whether that person is a volunteer or receives compensation for services rendered as such firefighter.

(2) “Peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties” means a peace officer, as described in section 16-2.5-101, C.R.S., a firefighter, or an emergency medical service provider, who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, firefighter, or emergency medical service provider, whether or not the peace officer, firefighter, or emergency medical service provider is within the territorial limits of his or her jurisdiction, if the peace officer, firefighter, or emergency medical service provider is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, firefighter, or emergency medical service provider knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider. For the purposes of this subsection (2) and this part 2, the term “peace officer” includes county enforcement personnel designated pursuant to section 29-7-101 (3), C.R.S.

HISTORY: Source: L. 71: R&RE, p. 419, § 1. C.R.S. 1963: § 40-3-201.L. 96: (2) amended, p. 588, § 2, effective May 1.L. 97: Entire section amended, p. 1011, § 14, effective August 6.L. 2003: (2) amended, p. 1628, § 62, effective August 6.L. 2014: Entire section amended, (HB 14-1214), ch. 336, p. 1496, § 4, effective August 6.L. 2015: (1) amended and (1.3) added, (SB 15-126), ch. 109, p. 319, § 4, effective July 1; IP amended, (SB 15-067), ch. 337, p. 1366, § 1, effective September 1.

Editor’s note: This title was numbered as chapter 40, C.R.S. 1963. The substantive provisions of this title were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. For a detailed comparison of this title, see the comparative tables located in the back of the index.

Editor’s note: This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor’s note following the title heading.

Editor’s note: Section 6 of chapter 109 (SB 15-126), Session Laws of Colorado 2015, provides that changes to this section by the act apply to offenses committed on or after July 1, 2015.

ANNOTATION

Off-duty peace officer included. An off-duty peace officer may be a “peace officer or fireman engaged in the performance of his duties” as defined in this section. People v. Rael, 198 Colo. 225, 597 P.2d 584 (1979).

Paramedic employed by the fire department included. Definition of “peace officer or firefighter engaged in the performance of his or her duties” includes a paramedic employed by the fire department to respond to such emergencies as medical calls, fire calls, and car accidents. People v. Montoya, 104 P.3d 303 (Colo. App. 2004).

Applied in People v. Mason, 632 P.2d 616 (Colo. App. 1981).

By | 2017-04-01T15:06:05+00:00 January 20th, 2015|Comments Off on CO 18-3-202. Assault in the first degree