What Is Colorado’s “Make My Day” Law?

Colorado courts uphold every individual’s right to feel safe inside their own home. The “Make My Day” law protects those who defend their life, family, or property with force or deadly force.

Colorado’s “Make My Day” law is a form of “castle doctrine” defining an individual’s right to self-defense against an intruder when they reasonably believe the intruder intends to commit a crime or cause physical harm. This law grants immunity to individuals who use deadly force to protect themselves from a crime inside their home.

Keep reading to learn more from our criminal defense legal team.

What Is the “Make My Day Law” In Colorado?

Colorado’s legislature established the Make My Day Law in 1985 to grant immunity to homeowners who use deadly force against intruders. Colorado CRS 18-1-704.5 states the following:

“The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes…any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property…”

Understanding the “Make My Day” Law In Colorado

The Make My Day Law defines a person’s right to use deadly force against an intruder when the situation meets the following three elements:

• The intruder enters a home, hotel room, RV, or other dwelling illegally (the intruder doesn’t necessarily have to break into the home since it’s unlawful to enter a home uninvited and for the purpose of committing a crime)
• The homeowner or renter reasonably believes the intruder intends to commit a crime inside the dwelling
• There are reasonable grounds to believe that the intruder may commit physical force or an act of violence against someone inside the home

The Make My Day Law does not require an intruder to be armed. Instead, it considers fists alone to be a sufficient threat to justify self-defense. It’s important to note that the Make My Day Law does not apply to an intruder inside a shared common space such as a hotel lobby or apartment building entryway or hallway. 

What About the “Duty to Retreat” Law?

Unlike a handful of other states, Colorado does not impose a “Duty to Retreat” law requiring individuals to first attempt to retreat or escape from an intruder before using force or deadly force. Instead, Colorado uses a “Stand Your Guard” doctrine, allowing individuals to kill an intruder when they reasonably believe that non-lethal force isn’t sufficient to protect themselves against a threat inside their home.

Does The “Make My Day” Law Apply Outside of a Home?

The Make My Day Law only grants immunity to those who use force to protect themselves, others, or their property inside their home or dwelling; however, Colorado law allows individuals to use deadly force outside the home under the following circumstances:

• When they reasonably believe they or someone else is under the threat of imminent danger
• An aggressor appears to use physical force against someone else while committing a crime including sexual assault, burglary, robbery, or kidnapping

Under any other conditions, an individual may only use non-deadly force or as much force as reasonably necessary to stop a crime or fight an aggressor.

The Make My Day Law doesn’t allow a homeowner or renter to use deadly force against an individual in their yard or on a front porch or stoop. The law only applies once the perpetrator intrudes into the home.