(1) A public servant, while acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, commits official oppression if, with actual knowledge that his conduct is illegal, he:
(a) Subjects another to arrest, detention, search, seizure, mistreatment,
dispossession, assessment, or lien; or
(b) Has legal authority and jurisdiction of any person legally restrained of his
liberty and denies the person restrained the reasonable opportunity to consult in
private with a licensed attorney-at-law, if there is no danger of imminent escape
and the person in custody expresses a desire to consult with such attorney.
(2) Official oppression is a class 1 misdemeanor.
L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-403. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3200, § 296, effective March 1, 2022.
For the duty of officers to admit an attorney, see § 16-3-404.
