OBSTRUCTION OF JUSTICE

Denver Revised Municipal Code ch. 38, art. II

in effect

Denver Revised Municipal Code § 38-31 Obstructing a peace officer.

Sec. 38-31. - Obstructing a peace officer. (a) A person commits obstructing a peace officer 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 the peace officer's official authority. (b) It shall be unlawful for any person to fail to obey a lawful order of a police officer if such failure interferes with or hinders such police officer in the discharge of the peace officer's official duties. It is an affirmative defense to this subsection that the failure to obey did not interfere with or hinder the police officers. (c) A person shall not be charged with the offense described in this section because the person remained silent or because the person stated a verbal opposition to an order by a government official. (d) It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if the officer was acting under color of the officer's official authority. A peace officer acts "under color of the officer's official authority" if, in the regular course of assigned duties, the peace officer makes a judgment in good faith based on surrounding facts and circumstances that the officer must act to enforce the law or preserve the peace. (e) If a person is alleged to have committed the offense described in subsection (a) 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: (1) 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; (2) Continues to communicate with such entity during the operation of the unmanned aircraft system; and (3) Complies immediately with any instructions from the entity concerning the operation of the unmanned aircraft system. (f) "Peace officer" has the same meaning as described in section 16-2.5-101, C.R.S., and section 16-2.5-103, C.R.S., and includes a peace officer in uniform or, if out of uniform, one who has identified themself by exhibiting their credentials as a peace officer. (g) Violation of subsection (a) of this section is a class 3 offense. (h) Violation of subsection (b) of this section is a class 4 offense. (Code 1950, §§ 846.1-2, 846.1-6; Ord. No. 451-87, § 1, 8-17-87; Ord. No. 328-26, § 5, 6-29-26)

Denver Revised Municipal Code § 38-32 Resisting arrest.

Sec. 38-32. - Resisting arrest. (a) A person resists arrest if such person knowingly prevents or attempts to prevent a peace officer, acting under color of the peace officer's official authority, from effecting an arrest of the actor or another, by: (1) Using or threatening to use physical force or violence against the peace officer or another; or (2) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another. (b) It is no defense to prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if the officer was acting under color of the officer's official authority, and in attempting to make the arrest the officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts "under color of the officer's official authority" when, in the regular course of assigned duties, the peace officer is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by the officer. (c) "Peace officer" has the same meaning as described in section 16-2.5-101, C.R.S., and section 16-2.5-103, C.R.S., and means a peace officer in uniform or, if out of uniform, one who has identified themself by exhibiting their credentials as a peace officer to the person whose arrest is attempted. (d) Violation of this section is a class 3 offense. (Code 1950, §§ 846.1-1, 846.1-5; Ord. No. 328-26, § 6, 6-29-26)

Denver Revised Municipal Code § 38-33 Impersonating an officer.

Sec. 38-33. - Impersonating an officer. (a) It shall be unlawful for any person, other than an official police officer, a member of the police department, or a person duly empowered with police authority, to wear the uniform, apparel or any other badge or insignia of office like or similar to, or a colorable imitation of that worn by such official officers, members or persons duly empowered with police authority. (b) It shall be unlawful for any person to counterfeit, imitate or colorably imitate, or cause to be counterfeited, imitated or colorably imitated, the uniform, apparel or any other insignia of office used by official police officers, members of the police department, or persons duly empowered with police authority. (c) It shall be unlawful for any person, without due authority, to exercise or attempt to exercise the authority of any police officer, member of the police department, person duly empowered with police authority, sheriff, deputy sheriff, prison steward, deputy warden, public officer, or of any investigator, inspector, deputy or clerk in any department of the city, or of any other law enforcement officer, for any purpose; or for any person falsely to assume, pretend to be, or hold themselves out to be such officer or official, for any purpose. (Code 1950, § 846.4)

Denver Revised Municipal Code § 38-34 Mistreating, injuring, disabling, killing or molesting police animals.

Sec. 38-34. - Mistreating, injuring, disabling, killing or molesting police animals. It shall be unlawful for any person willfully or maliciously to torture, torment, beat, kick, strike, mutilate, injure, disable or kill any animal used by the police department when such animal is being used in the performance of the functions or duties of such department; or unwarrantably to interfere with or meddle with any such animal while such animal is being used by the department, or with any officer or member thereof while such officer or member is using such animal in the performance of any of the functions or duties of the department, or of the officer or member. (Code 1950, § 846.6; Ord. No. 210-84, § 1, 5-7-84)

Denver Revised Municipal Code § 38-35 Furnishing certain items to prisoners.

Sec. 38-35. - Furnishing certain items to prisoners. It shall be unlawful for any person to make available to, present to, or place within the reach of, or to cause to be made available to, presented to, or placed within the reach of, any person confined under authority of the city, vinous, spirituous or malt liquors, or any weapon, tool, implement or other thing calculated to aid in the escape of such person so confined, or any other person confined under authority of the city. (Code 1950, § 843.1)

Denver Revised Municipal Code § 38-36 Aiding or rescuing prisoners.

Sec. 38-36. - Aiding or rescuing prisoners. (a) It shall be unlawful for any person to offer or endeavor to assist any person, in the custody of a police officer, a member of the police department, or a person duly empowered with police authority, to escape or to attempt to escape from such custody. (b) It shall be unlawful for any person to rescue or to attempt to rescue any person in the custody of a police officer, a member of the police department, or a person duly empowered with police authority. (c) It shall be unlawful for any person to offer or endeavor to assist any person, in the custody of a deputy sheriff, prison steward or deputy warden, to escape or to attempt to escape from such custody. (d) It shall be unlawful for any person to rescue or attempt to rescue any person in the custody of a deputy sheriff, prison steward or deputy warden. (e) It shall be unlawful for any person to assist or aid, or attempt to assist or aid, any other person in the custody of or confined under the authority of the city to escape from jail, place of confinement or custody. (Code 1950, §§ 843.3, 846.1-3, 846.1-4, 846.1-7, 846.1-8)

Denver Revised Municipal Code § 38-37 Escaping from jail.

Sec. 38-37. - Escaping from jail. It shall be unlawful for any person, while a prisoner in the jails of the city or in any other place where prisoners are confined, or otherwise in custody of or confined by the city, to escape or attempt to escape. (Code 1950, § 843.2)

Denver Revised Municipal Code § 38-38 Duty of citizens to aid police officers.

Sec. 38-38. - Duty of citizens to aid police officers. It shall be the duty of all persons, when called upon by any police officer, member of the police department, or person duly empowered with police authority, promptly to aid and assist such officer, member or person in the discharge of their duties. (Code 1950, § 846.2)

Denver Revised Municipal Code § 38-39 Duty of citizens to report offenses.

Sec. 38-39. - Duty of citizens to report offenses. It shall be the duty of all persons who witness or have reason to believe that a provision of this Code is being or has been violated promptly to report the same to a police officer, a member of the police department, or a person duly empowered with police authority. (Code 1950, § 846.3)

Denver Revised Municipal Code § 38-40 False information during investigations.

Sec. 38-40. - False information during investigations. It shall be unlawful for any person knowingly and willfully to give false information to an officer or employee of the city when such officer or employee is acting in their official capacity, concerning the identity of any person participating in, connected with, or responsible for, or concerning the manner of the commission of, any act, when, as part of their official duties or employment, such officer or employee is investigating: (1) The legality of such act; or (2) The identity of the person participating in, connected with, or responsible for the commission of such act. (Code 1950, § 846.5-4)

Denver Revised Municipal Code § 38-41 Accessory before the fact.

Sec. 38-41. - Accessory before the fact. (a) It shall be unlawful for any person to act as an accessory before the fact in the commission of any act which is a violation of a provision of this Code; and such person shall be deemed and considered as a principal offender when charges are brought for such violation. (b) An accessory before the fact shall mean a person who stands by and aids, abets or assists, or, who not being present, had advised or encouraged the perpetration of any such violation. (Code 1950, § 846.5-1)

Denver Revised Municipal Code § 38-42 Accessory after the fact.

Sec. 38-42. - Accessory after the fact. (a) It shall be unlawful for any person to act as an accessory after the fact in the commission of any act which is a violation of a provision of this Code. (b) An accessory after the fact shall mean a person who, after gaining knowledge that a violation of this Code has been committed, conceals such knowledge from any court or any law enforcement official, or harbors or protects a person charged with or convicted of a violation of a provision of this Code. (Code 1950, § 846.5-2)

Denver Revised Municipal Code § 38-43 Violation of court orders.

Sec. 38-43. - Violation of court orders. (a) It shall be unlawful for any person to violate any provision of a court order issued by any court of record within the United States of America, including Indian tribal courts, or for such person to fail to perform any act unrelated to child custody or parenting time mandated by such an order, after such person has been personally served with any such order or otherwise acquired from the court actual knowledge of the contents of any such order. (b) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings. (c) No person charged with violation of an order pursuant to this section shall be permitted, in the criminal action resulting from such charges, to collaterally attack the validity of the order which such person is accused of violating. (d) Violation of this section is a class 4 offense. (Ord. No. 485-91, § 1, 7-1-91; Ord. No. 225-94, § 2, 3-21-94; Ord. No. 687-97, § 1, 10-6-97; Ord. No. 1493-21, § 7, 1-3-22; Ord. No. 328-26, § 7, 6-29-26)

Denver Revised Municipal Code § 38-44 Violation of a protection order.

Sec. 38-44. - Violation of a protection order. (a) A person commits the crime of violation of a protection order if, after the person has been personally served with a protection order that identifies the person as a restrained person or otherwise has acquired from the court or law enforcement personnel actual knowledge of the contents of a protection order that identifies the person as a restrained person, the person: (1) Contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or protected property, including an animal identified in the protection order; (2) Enters or remains on premises or comes within a specified distance of the protected person, protected property, including animal, or premises; (3) Possesses or consumes alcohol or controlled substances if prohibited by the protection order; (4) Violates any other provision of the protection order to protect the protected person from imminent danger to life or health, and the conduct is prohibited by the protection order; (5) Violates a civil protection order issued pursuant to section 13-14-105.5, C.R.S. by: a. Possessing a firearm or ammunition while the protection order is in effect; or b. Failing to timely file a signed affidavit or written statement with the court as described in section 13-14-105.5, C.R.S.; or (6) Violates a mandatory protection order issued pursuant to section 18-1-1001, C.R.S., that includes terms required by section 18-1-1001(9), C.R.S., by: a. Possessing a firearm or ammunition while the protection order is in effect; or b. Failing to timely file a signed affidavit or written statement with the court as described in sections 18-1-1001(9)(i) or 18-6-801(8)(i), C.R.S. (b) As used in this section: (1) "Protected person" means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued. "Protected person" does not include the defendant. (2) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or death, that is issued by any court of record within the United States of America, including Indian tribal courts. (3) "Restrained person" means the person identified in the order as the person prohibited from doing the specified act or acts. (c) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings. (d) No person charged with violation of an order pursuant to this section shall be permitted, in the criminal action resulting from such charges, to collaterally attack the validity of the order which such person is accused of violating. (e) Violation of this section is a class 3 offense; except that, if the restrained person has previously been convicted of violating a protection order, or if the protection order is issued pursuant to section 18-1-1001, C.R.S., or the basis for issuing the protection order included an allegation of stalking, or the parties were in an intimate relationship, the violation is a class 2 offense. (f) Any sentence imposed for a violation of this section must run consecutively and not concurrently with any sentence imposed for a crime involving domestic violence, as defined in section 14-68. (Ord. No. 328-26, § 8, 6-29-26)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH38OFMIPR_ARTIIOBJUFetched: 10/27/2026