People v. Howell.

2024 CO 42. No. 23SA227. Criminal Law—Force-Against-Intruders Statute—Immunity From Criminal Prosecution—Affirmative Defenses—Dwelling.

June 17, 2024

The Supreme Court held that an uncovered, unenclosed, and unsecured doorstep is not part of a “dwelling” for the purposes of the force-against intruders statute, CRS § 18-1-704.5 . Thus, a person who merely stood on Howell’s doorstep was a non-entrant, and Howell’s use of force against that person is not shielded by immunity under the force-against-intruders statute. Accordingly, the Court discharged the rule to show cause.