What is Obstruction of a Police Officer?

• Obstruction of a Peace Officer is when a person uses violence, physical interference, or any other obstacles to knowingly obstruct, hinder, or impair in any way the lawful actions of a peace officer, or other first responder, in their lawful duties. This charge may also apply to hindering service animals working on behalf of law enforcement or other first responders; and can also be charged for the unlawful use of a drone which hinders law enforcement.

• Obstruction of a Peace Officer shall not be charged if a person decides to remain silent and not speak with law enforcement.

• Obstruction of a Peace Officer is a Class 2 Misdemeanor, which carries a penalty of up to 120 days in jail, and a fine of up to $750.

C.R.S. 18-8-104 - Obstruction of a Peace Officer

(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.