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.
The full opinion is available at https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA227.pdf.