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Obstructing Government Operations CRS 18-8-102

a. Offender, intentionally
b. Obstructed, impaired, or hindered the performance of a governmental function
c. By a public servant
d. By using or threatening to use violence/force/physical interference/obstacle

It is an affirmative defense to obstructing government operations if

• The obstruction/impairment/hindrance was an unlawful action by a public servant OR
• The obstruction/impairment/hindrance was of the making of an arrest OR
• The obstruction/impairment/hindrance of a governmental function was by lawful activities in connection with a labor dispute with the government

PENALTY for obstructing government operations is what class penalty

Obstructing an officer IS A CLASS 3 MISDEMEANOR

Resisting Arrest CRS 18-8-103
Use or threat of use of physical force or violence

• Offender, knowingly
• Prevented or attempted to prevent a peace officer
• Acting under the color of his/her official authority
• From effecting an arrest of the defendant or another
• By using or threatening to use physical force or violence
• Against a peace officer or another; OR

Resisting Arrest CRS 18-8-103
By means which create a substantial risk of causing physical injury

• Offender, knowingly
• Prevented or attempted to prevent a peace officer,
• Acting under color of authority
• From effecting the arrest of the defendant or another
• By using any means which creates a substantial risk of causing physical injury
• To the peace officer or another

Who does resisting arrest apply to

• Applies to the arrest of the offender or another

For resisting arrest what does peace officer mean

• Peace officer means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his/her credentials as such peace officer to the person whose arrest is attempted

Is verbally identifying yourself as an officer out of uniform sufficient for resisting arrest

Merely verbally identifying oneself as a peace officer is NOT sufficient

Resisting arrest applies to an unlawful arrest so long as
officer is acting under color of official authority

Resisting Arrest applies on or off-duty in or out of jurisdiction, if

the department authorizes its officers pursuant to CRS 16-3-110 to take off-duty enforcement actions for felonies and misdemeanors committed in their presence.

How does unreasonable or excessive force effect resisting arrest

Offender may resist when an officer uses unreasonable and excessive force.
Excessive force triggers the right of the arrestee to defend himself or another.

How are issues as to the Reasonableness of the force used by the officer resolved

This is resolved by jury.

What is the class penalty for resisting arrest

PENALTY IS A CLASS 3 MISDEMEANOR

What are the elements for Obstructing a Peace Officer, Firefighter, EMT provider, Rescue Specialist or Volunteer CRS 18-8-10

-Offender
-By using or threatening to use violence/force/physical interference or obstacle
-Knowingly
-Obstructed, impaired, or hindered the enforcement of the penal law/preservation of the peace.
-By a peace officer, acting under color of his official authority

Does obstructing an officer apply to Police Dogs

Yes
-Offender, knowingly
-Obstructed/impaired/hindered
-An animal used by a law enforcement officer
-By the use/threatened use of violence/force/physical interference or obstacle

Obstruction can apply to Non-arrest settings give an example

Disruption of the booking process:
Example: Defendant was uncooperative during the booking process. He refused top provide information and started a scuffle when deputies tried to empty his pockets. He was properly convicted of obstruction.

How does obstruction apply to Preservation of the peace:

Obstructing an officer that is engaged in the preservation of peace or when he/she is attempting to prevent a breach of the peace. Is
Chargeable

How does obstruction apply to an officers illegal acts

-No right to obstruct an illegal act done under color of officer’s authority.
-It is NOT a defense to obstructing that the officer obstructed was acting in an illegal manner so long as the officer was “acting under the color of his official authority”

What is the penalty class for obstructing

PENALTY CLASS 2 MISDEMEANOR

What are the elements for Accessory to Crime CRS 18-8-105

-Offender Rendered assistance to a person
-With intent to hinder, delay, prevent
-Discovery/detention/apprehension/prosecution/ conviction/punishment of such person
-For the commission of a crime
-Knowing the person being assisted has committed/has been convicted of/was charged/was suspected of/was wanted for a crime (after the fact).

“Render assistance to” means

• Harbor or conceal (offender/victim/witness)
• Warn of impending discovery/apprehension.
• Provide such person with money, transportation, weapon, disguise.
• Conceal/alter/destroy any physical or testimonial evidence.

Does Mere silence as to a crime meet the elements of Render assistance to

No mere silence to a crime with no intent to aid the offender does not render assistance or make one guilty of being an accessory

To be guilty of accessory does offender need to know the specific crime that occurred

an offender does not need to be aware of the specific crime that occurred. Need only have knowledge of the general character of the underlying offense

Is prosecution of the principal required to charge another with accessory
No, not required. An accessory can be charged and found guilty even if the principal has not been charged.

What crimes does accessory apply to

Accessory statute applies to all crimes

What is the difference between accessory and Complicity

• Complicity prohibits one from aiding, abetting, or advising another in planning or committing a future offense.
• The accessory statute is aimed at conduct occurring after the fact of the offense

What are the elements to Refusing to Aid a Peace Officer CRS 18-8-107

-Offender, 18 years or older;
-Upon command by a person known to him as a peace officer;
-Knowingly and unreasonably refused/failed to aid a peace officer;
-Who was effecting or securing an arrest/preventing the commission by another of any offense.

What class penalty is Refusing to Aid a peace officer

PENALTY CLASS 1 PETTY OFFENSE

What is Compounding as to prosecution CRS 18-8-108:

-Refraining from seeking prosecution:
-Offender, knowingly;
-Accepted/agreed to accept any pecuniary benefit as consideration for;
-Refraining from seeking prosecution of an offender.

What is Compounding as to reporting CRS 18-8-108:

-Refraining from reporting crime:
-Offender, knowingly;
-Accepted/agreed to accept any pecuniary benefit for consideration for;
-Refraining from reporting to law enforcement the commission or the suspected commission of a crime or information relating to the crime.

What is an affirmative defense for compounding

It is an affirmative defense that the benefit received by the defendant did not exceed an amount, which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

What are the elements to Concealing Death CRS 18-8-109:

-“Another person” includes a fetus born dead.
-Offender prevented a determination of the cause or circumstances of death.
-By knowingly concealing the death of another.

What are the elements to False Report of Explosives, Weapons, or Harmful Substances? CRS 18-8-110

-Offender, reported to any other person;
-That a bomb or other explosive/any chemical or biological agent/poison or weapon/radioactive substance.
-Had been placed in any public place/vehicle designed for transportation of persons/property;
-Knowing that the report was false.

What are the elements to False Reporting to Authorities CRS 18-8-111:

-Offender, knowingly caused or made report of a;
-False alarm, fire, or emergency;
-False offense or incident report;
-False offense or incident information;
-False identifying information;
-Provided false name/address/birth date/social security number/driver’s license number/Colorado identification number;
-To law enforcement authorities.

What is the class penalty for false reporting

PENALTY CLASS 3 MISDEMEANOR

What are the elements to Impersonating a Peace Officer CRS 18-8-112:

-Offender
-Falsely pretended to be a peace officer and;
-Performed an act in that pretended capacity;
-Statute requires that the offender perform some act in his pretended capacity. Wearing the badge and uniform without more is not prohibited.

What are the elements to Impersonating a Public Servant CRS 18-8-113:

-Offender, falsely pretended to be a public servant other than a peace officer, and
-Performed an act in that pretended capacity.

What is the penalty class for impersonating a public servant

PENALTY CLASS 3 MISDEMEANOR

What are the elements to Abuse of Public Records CRS 18-8-114:

-“Public record” includes all official books, papers, or records created, received or used by or in any governmental office or agency.
-Offender, knowingly, Made a false entry in/falsely altered any public record or
-Knowingly, Destroyed/mutilated/concealed/removed/impaired any public record without authority.

What is the penalty class for Abuse of Public records

PENALTY CLASS 1 MISDEMEANOR

What are the elements of Duty to Report a Crime CRS 18-8-115

-This statute does not define a crime and there is no penalty for its violation.
-“It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities”.

What are the elements to Disarming a Peace Officer CRS 18-8-116

-“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 credentials as such peace officer.
-Offender; removed the firearm of a peace officer;
-Without the officer’s consent or without justification.

What class penalty is disarming a police Officer’s

PENALTY CLASS 5 FELONY

Define Custody

The restraint of a person’s freedom in any significant way

Define Confinement

means confined in any detention facility

Define Escape

Escape is deemed to be a continuing activity commencing with the conception of the design to escape and continuing until the escapee is returned to custody or the attempt to escape is thwarted or abandoned

How is sentencing run for escapes

Sentence for escape is to run consecutively, not concurrently; with the sentence that offender was serving at the time of the escape.

What are two items of note for Escapes?

-The minimum sentences in the schedules are mandatory and a court may not grant probation or a suspended sentence, in whole or in part.
-Juveniles are treated in the same manner as adult for any escape offense

What are the elements to Aiding Escape from Custody or Confinement CRS 18-8-201

-Offender, knowingly; Aided, abetted, assisted another person;
-To escape/attempt to escape;
-From custody or confinement.
-The person escaping was in custody or confinement as a result of:
-Conviction/charged with/held for any felony, misdemeanor or petty offense.

What is the penalty class for aiding escape

PENALTY DEPENDS UPON CRIME CONVICTED OF/CHARGE WITH/HELD FOR

What are the elements to Aiding Escape from Mental Institution CRS 18-8-201.1

-Offender, knowingly; Aided the escape, of a person who was an inmate of an institution for the care and treatment of the mentally ill and;
-Defendant knew that the person aided was confined in such institution pursuant to a court commitment concerning insanity or incompetency in a criminal case.

What is the penalty class for Aiding escape from mental institute

PENALTY IS A CLASS 5 FELONY

What are the elements to Inducing Prisoners to Absent Themselves CRS 18-8-202:

-Offender, invited/enticed/solicited/induced a prisoner in custody/confinement to absent himself from his work;
-OR Offender substantially delayed/hindered a prisoner in his work.

What is the penalty class for Inducing prisoners to absent themselves
PENALTY CLASS 1 PETTY OFFENSE

What are the elements to 1st Degree Introduction of Contraband to secure facility CRS 18-8-203:

-Offender, knowingly and unlawfully
-Introduced/attempted to introduce a (weapons/booze/drugs):
-dangerous instrument;
-malt/vinuous/spirituous liquor;
-fermented malt beverage;
-controlled substance;
-marijuana/marijuana concentrate.

What is the class penalty for 1st degree introduction of contraband

PENALTY CLASS 4 FELONY

What are the elements to 1st Degree Introduction of Contraband to secure facility CRS 18-8-203:

-Offender knowingly and unlawfully;
-Introduced/attempted to introduce contraband;
-Into a detention facility;
-OR Offender knowingly and unlawfully;
-While confined in a detention facility;
-Made any contraband; (Keys, tools, cutting tool, Money, postage stamps, any prescription drug Mask, wig, disguise etc.
-Any item posing a threat to security

What is the class penalty for 2nd degree introduction of contraband

PENALTY CLASS 6 FELONY

What are the elements to 1ST Degree Possession of Contraband in a secured facility CRS 18-8-204.1

Same elements as 1st degree introduction.

What is the penalty class for 1st degree possession of contraband in a secure facility

Possession of dangerous instrument is a Class 4 Felony.
Possession of other 1st degree items is a Class 6 Felony.

What are the elements to 2nd Degree Possession of Contraband in a secured facility CRS 18-8-204.2

Same elements as 2nd degree introduction.

What is the penalty class for 2nd degree possession of contraband in a secure facility

Possession of 2nd degree items is a Class 1 Misdemeanor.

What are the elements to Holding Hostages CRS 18-8-207:

-Offender, was in lawful/custody/confinement and;
-While escaping/attempting to escape;
-Knowingly held as hostage any person or;
-Held any person against his will by force or threat.

What is the penalty class to holding hostages

PENALTY CLASS 2 FELONY

What is a affirmative defense for escape from mental institute.

It is a defense to a person who escaped from a mental institute that the offender voluntarily returned to the place of confinement.

What is a Fugitive of justice

Fugitive from justice means a person found in this state that is wanted in another state for the commission of a crime in that state.

For purposes of escape does a verbal advise “you are under arrest” equate custody?

No, Mere verbal advisement, without more, does not create custody. A person who ran when officers told him they intended to arrest him on an outstanding warrant was not “in custody” for purposes of the escape statute.

Is voluntarily returning to place of confinement a defense to escape

It is no defense (except for mental institutions) that the offender voluntarily returned to the place of confinement prior to being apprehended.

What is required in order for the defendant to have the affirmative defenses of duress or choice of evils as related to escape

-Threats to escapee must be specific, definite, imminent; and
-Escapee must have immediately reported the duress to authorities as soon as a position of safety was reached.

An offender who fails to return to his facility at the end of his work release period commits an escape. True or false

True

Give examples that are deemed to be “in custody” in regards to escape

-Work release
-Furlough
-Home detention program
-Intensive supervision program
-Or any other similar authorized supervised or unsupervised absence from a detention facility

What are the elements for Active Participation in a Riot CRS 18-8-211(2)

-Offender was confined in a detention facility;
-Knowingly and actively participated in violent conduct;
-With two or more persons;
-That created grave danger of or caused damage to property/injury to persons.

What is the penalty class for active participation in a riot

PENALTY CLASS 3 FELONY IF OFFENDER EMPLOYS A DEADLY WEAPON OR ANY ARTICLE FASHIONED IN AN MANNER TO CAUSE A REASONABLE BELIEF ARTICLE IS A DEADLY WEAPON, OR VERBAL ADVISEMENT BY DEFENDANT THAT HE HAS A DEADLY WEAPON, OR DESTRUCTIVE DEVICE IN THE COURSE OF OR PARTICIPATION IN A RIOT.

What are the elements to Bribery CRS 18-8-302

-Offender;
-Offered/conferred/agreed to confer any pecuniary benefit;
-Upon a public servant ;
-With the intent to influence the public servant’s vote/opinion/judgment/exercise of discretion/action in his official capacity;
OR offender was a public servant, and knowingly solicited/accepted/agreed to accept/any pecuniary benefit;
What is the penalty class for bribery

PENALTY CLASS 3 FELONY

What are the elements of Misuse of Official Information CRS 18-8-405

-Offender was a public servant;
-In reliance on information to which he had access in his official capacity and which was not made public;
-Knowingly acquired a pecuniary interest in any property, transaction, or enterprise which may have been affected by such information or official action

What is the penalty class for misuse of official information

PEANLTY CLASS 6 FELONY

What are the elements to Official Oppression CRS 18-8-403

-Offender was a public servant, and;
-Taking advantage of an actual or purported official capacity;
-Subjected another to: arrest/detention/search/seizure/mistreatment/ dispossession/assessment or lien,
-With the actual knowledge that his conduct was illegal.

What is the penalty class for Official oppression

PENALTY CLASS 2 MISDEMEANOR

What are the elements to 1st Degree Official Misconduct CRS 18-8-404;

-Offender was a public servant and;
-With the intent to obtain a benefit for himself or another;
-Maliciously caused harm to another;
-Knowingly; Committed an act relating to his office but constituting an unauthorized exercise of his official function, or;
-Refrained from performing a duty imposed on him by law, or;
-Violated any statute or lawfully adopted rule or regulation relating to his office.

What is the penalty class for 1st degree official misconduct

PENALTY CLASS 2 MISDEMEANOR

What are the elements to 2nd Degree Official Misconduct CRS 18-8-405:

-Offender, was a public servant, and;
-Knowingly, arbitrarily, and capriciously;
-Refrained from performing a duty imposed upon him by law, or;
-Violated any statute or lawfully adopted rule or regulation relating to his office.

What is the penalty class for 2nd degree official misconduct

PENALTY CLASS 1 PETTY OFFENSE

What are the elements to Embezzlement of Public Property CRS 18-8-407:

-Offender was a public servant, and;
-Lawfully or unlawfully came into possession of any public money OR public property of any kind being the property of a state or political subdivision, and;
-Knowingly converted any such public moneys or public property to his own use or to any use other than the public use authorized by law.
-This section applies only to public property.

What is the class penalty for embezzlement of public property

PENALTY CLASS 5 FELONY

Define “Materially false statement”

-Means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding or action or decision of a public servant, or the performance of a governmental function.


Define “Oath:”

Includes an affirmation and every other mode authorized by law, to the effect that false statements made therein are punishable.

Define “Official proceeding”

-Means any proceeding heard before any legislative, judicial, administrative, or other governmental agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.

Are all false statements perjury

-No, Not every false statement is perjury.
-The statement must be materially false before perjury is committed.
-A statement is materially false if it could have affected the course or outcome of an official proceeding.

What testimony is required to convict for perjury

Colorado case law requires the testimony of two witnesses (or one witness plus independent proof which is equal to the weight of the testimony of another witness) to convict for perjury.

What is an affirmative defense for perjury

No person shall be convicted of perjury in the 1st degree if he retracted his false statement in the course of the same proceeding in which it was made. Retraction is an affirmative defense

What are the elements of 1st Degree Perjury CRS 18-8-502:

-Offender, in any official proceeding;
-Knowingly, made a materially false statement, which he did not believe to be true;
-Under an oath required or authorized by law.

What is the penalty class for 1st degree perjury

PENALTY CLASS 4 FELONY

What are the elements for 2nd Degree Perjury CRS 18-8-503:

-Offender
-With intent to mislead a public servant in the performance of his duty;
-Made a materially false statement, which he did not believe to be true;
-Under an oath required or authorized by law.

What is the penalty class for 2nd degree perjury

PENALTY CLASS 2 MISDEMEANOR

What are the elements of False Swearing CRS 18-8-504:

-Offender, knowingly;
-Made a materially false statement, which he did not believe to be true;
-Under oath required or authorized by law.

What is the penalty class for false swearing

PENALTY CLASS 1 PETTY OFFENSE

What are the elements to Bribe-Receiving By a Witness CRS 18-8-603:

-Offender, was a witness/believed he was to be called as a witness;
-In any official proceeding, and intentionally;
-Solicited/accepted/agreed to accept any benefit;
-Upon agreement or understanding he would testify, Falsely, Unlawfully withhold testimony, Attempt to avoid legal process. Attempt to absent himself from an official proceeding

What is the penalty class for Bribe receiving by witness

PENALTY CLASS 4 FELONY

What are the elements to Bribing a Juror CRS 18-8-606

-Offender, offered/conferred/agreed to confer any benefit upon a juror;
-With intent to influence the juror’s vote/opinion/decision/action.

What is the penalty class for bribing a juror

PENALTY CLASS 4 FELONY

What are the elements to Bribe-Receiving by a Juror CRS 18-8-607

-Offender, intentionally;
-Solicited/accepted/agreed to accept any benefit;
-Upon agreement or understanding that his;
-Vote/opinion/decision/action as a juror would thereby be influenced

What is the penalty class for bribe receiving by a juror

PENALTY CLASS 4 FELONY

What are the elements to Intimidating a Juror CRS 18-8-608

-Offender, intentionally;
-Attempted, by use of threat of harm or injury to any person or property;
-To influence a juror’s vote/opinion/action as a juror

What is the penalty class for intimidating a Juror

PENALTY CLASS 4 FELONY

What are the elements to Jury Tampering CRS 18-8-609: Attempt to Influence

-Offender;
-Attempted directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of a case;
-With intent to influence the juror’s vote, opinion, decision, action as a juror.
What are the elements to Jury Tampering CRS 18-8-609: Fraudulent Processing/Selection:

-Offender, knowingly;
-Participated in the fraudulent processing/selection of jurors or prospective jurors.


What is the penalty class for jury tampering

PENALTY CLASS 5 FELONY. CLASS 4 FELONY IF COMMITTED IN A CLASS 1 FELONY TRIAL

Define “Physical evidence”

as used in this subsection, includes any article, object, document, record, or other thing of physical evidence.

What are the elements to Tampering with Physical Evidence CRS 18-8-610

-Offender; believing that an official proceeding was pending or about to be instituted;
-Acting without legal right or authority;
-Destroyed/mutilated/concealed/altered physical evidence;
-With intent to impair its verity or availability in the pending, or prospective official proceeding;

What is the penalty class for Tampering with Physical Evidence

PENALTY CLASS 6 FELONY

What are the elements to Offering False Evidence CRS 18-8-610:

-Offender; believing that an official proceeding was pending or about to be instituted and;
-Acting without legal right or authority;
-Knowingly made/presented/offered any false or altered physical evidence;
-With the intent that it be introduced in the pending/ prospective/ official proceeding.

What is the penalty class for offering false evidence

PENALTY CLASS 6 FELONY

Can an arrestee throwing away evidence equate tampering with evidence

Yes , While she was being arrested for obtaining a narcotic drug by fraud, Frayer twice threw a bag containing evidence away from the officers. The court ruled that she was properly convicted of tampering with physical evidence.

What are the elements of Simulating Legal Process CRS 18-7-611

-Offender, knowingly;
-Delivered/caused to be delivered to another;
-A request for the payment of money on behalf of any creditor including himself;
-Which in form and substance simulates any legal process issued by any court of this state.

What is the penalty class for Simulating legal process

PENALTY CLASS 3 MISDEMEANOR

What is the penalty class for Failure to Obey Jury Summons CRS 18-8-612

Class 3 Misdemeanor

What is the penalty class for Willful Misrepresentation of Fact o Juror Questionnaire CRS 18-8-613

Class 3 Misdemeanor

What is the penalty class for Willful Harassment of Juror by Employer CRS 18-7-614

Class 2 Misdemeanor

What are the elements to Bribing A Witness or Victim CRS 18-8-703

-Offender
-Offered/conferred/agreed to confer any benefit
-Upon a witness/victim
-Or other friend or family member or person residing in same household as the victim or witness
-With intent to influence any of the above to testify falsely, withhold testimony, avoid legal process, or absent themselves from the official proceeding

What is the penalty class to Bribing a witness or victim

CLASS 4 FELONY

What are the elements to Intimidating a Witness or Victim CRS 18-8-704

-Offender
-By use of threat, act of harassment, act of harm/injury to any person or property
-Directed a witness or victim or person who may testify to
-Intentionally attempted to any of the above to testify falsely, withhold testimony, avoid legal process for testimony

Can an offender intimidate a witness if they have not been subpoenaed

Yes, Offender may be guilty of intimidating a witness or victim even though the act of intimidation occurs before the witness or victim is subpoenaed. The necessary element is that offender believed that the person had testified or would be called to testify

What is the penalty class for intimidating a witness

PENALTY CLASS 4 FELONY

What are the elements to Aggravated Intimidation of a Witness or Victim CRS 18-8-705

-Elements are the same as Intimidating a Witness AND:
-Was armed with a deadly weapon;
-With intent, if resisted, To kill, maim, wound the person intimidated or another; or
-Knowingly wounded the person being intimidated or another; or
-By use of force, threat or intimidation with a deadly weapon put the person in reasonable fear of death or bodily injury

What is the penalty class for Aggravated intimidation of a witness

PENALTY CLASS 3 FELONY

What are the elements of Retaliation Against a Witness or Victim CRS 18-8-706

-Offender, intentionally
-Used a threat or act of harassment and
-Such action was directed to or committed on
-A witness or victim or person who may testify; or any person who has reported a crime who may testify;
-As retaliation or retribution against the witness/victim

The statute does not require that a protected person must actually receive the threat made against him/her, but only that the threat must be directed to such person true or false?

True, Example: a threatening letter was mailed to the D.A. directed at the witness

What is the penalty class for Retaliation against a witness

PENALTY CLASS 3 FELONY

What are the elements of Retaliation Against a Juror CRS 18-8-706.5

-Offender used a threat or act of harassment or act of harm or injury upon any juror, juror’s family, An individual in close relationship to such juror; and
-Such act was intended as retaliation or retribution
against the juror.

What is the penalty class for Retaliation against a Juror

PENALTY CLASS 3 FELONY

What are the elements to Tampering With a Witness or Victim CRS 18-8-707

-Offender, intentionally;
-Attempted, without bribery or threats;
-To induce a witness;
-To testify falsely, withhold testimony, absent himself from any official proceeding, avoid legal process;
-Success is NOT required for this crime.

What are the elements for Failure to Report force by an officer CRS 18-8-802(1)

-Offender was a peace officer;
-Who, in pursuance of their law enforcement duties;
-Witnessed another peace officer;
-Who, in pursuance of that officer’s law enforcement duties
-Use physical force which exceeded the degree of physical force and;
-Offender failed to file written report on such use of force with the officer’s immediate supervisor within ten (10) days of its occurrence

What are the elements to Making a False Statement in Report CRS 18-8-802

-Offender;
-Was a peace officer required to file a witnessed use of force report under CRS 18-8-802, and;
-Knowingly;
-Made a materially false statement, which the offender did not believe to be true, in such report.

What are the elements of excessive force

Excessive force is to be presumed when a peace officer continues to apply physical force in excess of the force permitted by CRS 18-1-707 to a person who has been rendered incapable of resisting arrest.

CRS has no REQUIREMENT for each public agency that employs any peace officer to adopt policies or guidelines concerning use of force. True or False

False, It is a requirement for each agency

FAILURE TO FILE REPORT is what class penalty

PENALTY CLASS 1 MISDEMEANOR.

MAKING A MATERIALLY FALSE STATEMENT is what class penalty

CLASS 3 MISDEMEANOR