Resisting and Obstructing
C.R.S. 18-8-103 — force, threats or a risk of injury, and silence is not obstruction
A person commits resisting arrest in Colorado by knowingly preventing or trying to prevent a peace officer, acting under color of official authority, from arresting them or someone else, by using or threatening physical force or violence, or by any other means that creates a substantial risk of bodily injury. It is a class 2 misdemeanor.
Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.
It is no defense that the arrest was in fact unlawful, if the officer was acting under color of official authority and was not using unreasonable or excessive force giving rise to a right of self defense. An officer out of uniform counts only after showing credentials.
Obstructing a peace officer is using or threatening violence, force, physical interference or an obstacle to knowingly obstruct, impair or hinder the enforcement of the law. It is a class 2 misdemeanor.
Silence, or saying no out loud, is not obstruction. A person may not be charged with obstructing because they remained silent, or because they stated a verbal opposition to an order by a government official.
Sources for this section (2)
- C.R.S. 18-8-103 — Resisting arrest
- C.R.S. 18-8-104 — Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.