Denver Municipal Code Chapter 38 Article II

Sec. 38-31. – Interference with police authority.

Sec. 38-32. – Resisting any police authority.

Sec. 38-33. – Impersonating an officer.

Sec. 38-34. – Mistreating, injuring, disabling, killing or molesting police animals.

Sec. 38-35. – Furnishing certain items to prisoners.

Sec. 38-36. – Aiding or rescuing prisoners.

Sec. 38-37. – Escaping from jail.

Sec. 38-38. – Duty of citizens to aid police officers.

Sec. 38-39. – Duty of citizens to report offenses.

Sec. 38-40. – False information during investigations.

Sec. 38-41. – Accessory before the fact.

Sec. 38-42. – Accessory after the fact.

Sec. 38-43. – Violation of court orders.

Sec. 38-44. – Reserved.

Secs. 38-45—38-50. – Reserved.

 

Sec. 38-31. – Interference with police authority.

(a)

It shall be unlawful for any person, in any way, to interfere with or hinder any police officer, any member of the police department, or any person duly empowered with police authority, while such officer, member, or person duly empowered with police authority is discharging or apparently discharging their duties.

(b)

It shall be unlawful for any person, in any way, to interfere with or hinder any deputy sheriff, prison steward or deputy warden while any such officials are discharging or apparently discharging their duties.

(c)

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 his official duties. It is an affirmative defense to this subsection that the failure to obey did not interfere with or hinder the police officers.

(Code 1950, §§ 846.1-2, 846.1-6; Ord. No. 451-87, § 1, 8-17-87)

State law reference— Obstructing a peace officer or fireman, C.R.S. 1973, 18-8-104.

Sec. 38-32. – Resisting any police authority.

(a)

It shall be unlawful for any person to resist any police officer, any member of the police department, or any person duly empowered with police authority, while such officer, member or person duly empowered with police authority is discharging or apparently discharging their duties.

(b)

It shall be unlawful for any person to resist any deputy sheriff, prison steward or deputy warden while any such officials are discharging or apparently discharging their duties.

(Code 1950, §§ 846.1-1, 846.1-5)

State law reference— Resisting arrest, C.R.S. 1973, 18-8-103.

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)

State law reference— Impersonating a peace officer, C.R.S. 1973, 18-8-112.

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)

State law reference— Cruelty to animals, C.R.S. 1973, 18-9-201 et seq.

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)

State law reference— Introducing contraband to prisoners, C.R.S. 1973, 18-8-203, 18-8-204.

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)

State law reference— Aiding escape, C.R.S. 1973, 18-8-201.

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)

State law reference— Escapes, C.R.S. 1973, 18-8-208.

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)

State law reference— Refusing to aid a peace officer, C.R.S. 1973, 18-8-107.

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)

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)

State law reference— False reporting to authorities, C.R.S. 1973, 18-8-111.

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)

State law reference— Accessory to crime, C.R.S. 1973, 18-8-105.

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)

State law reference— Accessory to crime, C.R.S. 1973, 18-8-105.

Sec. 38-43. – Violation of court orders.

(a)

It shall be unlawful for any person to commit any of the following acts if the act is prohibited by valid written order issued by any court of record within the United States of America, including Indian tribal courts, which restrains and enjoins any person from contacting in any manner, threatening, beating, striking, or assaulting any other person or which requires a person to leave certain premises, or refrain from entering or remaining on such premises or any specified area 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)

Any sentence imposed for violation of subsection (a) shall run consecutively and not concurrently with any sentence imposed for any other violation.

(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.

(Ord. No. 485-91, § 1, 7-1-91; Ord. No. 225-94, § 2, 3-21-94; Ord. No. 687-97, § 1, 10-6-97)

Sec. 38-44. – Reserved.

Editor’s note—

Ord. No. 225-94, § 1, adopted Mar. 21, 1994, repealed § 38-44, which pertained to violation of protective orders and derived from Ord. No. 485-91, § 2, adopted July 1, 1991.

Secs. 38-45—38-50. – Reserved.



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