Section 18-8-104 - Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer(1)(a) A person commits obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.(1.5) A person shall not be charged with the offense described in subsection (1) of this section because the person remained silent or because the person stated a verbal opposition to an order by a government official.(2) It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he or she was acting under color of his or her official authority. A peace officer acts "under color of his or her official authority" if, in the regular course of assigned duties, he or she makes a judgment in good faith based on surrounding facts and circumstances that he or she must act to enforce the law or preserve the peace.(2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threatening to use an unmanned aircraft system as an obstacle, the offense does not apply if the person who operates the unmanned aircraft system:(a) Obtains permission to operate the unmanned aircraft system from a law enforcement agency or other entity that is coordinating the response of peace officers, firefighters, emergency medical service providers, rescue specialists, or volunteers to an emergency or accident;(b) Continues to communicate with such entity during the operation of the unmanned aircraft system; and(c) Complies immediately with any instructions from the entity concerning the operation of the unmanned aircraft system.(4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.(5) For purposes of this section, unless the context otherwise requires:(a) "Emergency medical service provider" means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.(b) "Obstacle" includes an unmanned aircraft system.(c) "Rescue specialist" means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.Amended by 2021 Ch. 462, § 272, eff. 3/1/2022.Amended by 2018 Ch. 385, § 2, eff. 8/8/2018.L. 71: R&RE, p. 454, § 1. C.R.S. 1963: § 40-8-104. L. 77: (1) amended, p. 965, § 38, effective July 1. L. 83: (3) repealed, p. 671, § 23, effective July 1. L. 90: (1) amended, p. 1611, § 2, effective July 1. L. 96: (1) and (4) amended, p. 1477, § 41, effective June 1; (1)(a) and (4) amended and (5) added, p. 956, § 1, effective July 1. L. 2012: (2) amended, (HB 12-1310), ch. 268, p. 1398, § 15, effective June 7. L. 2018: (2.5) and (5)(c) added and (5)(b) amended, (HB 18-1314), ch. 2309, p. 2309, § 2, effective August 8. L. 2021: (1.5) added, (SB 21-271), ch. 3194, p. 3194, § 272, effective March 1, 2022.(1) Amendments to subsections (1) and (4) in House Bill 96-208 and Senate Bill 96-68 were harmonized.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 18-1314, see section 1 of chapter 385, Session Laws of Colorado 2018.