Colorado cyberstalking laws prohibit repeated and credible threats through the use of the internet or digital media. Cyberstalking is a felony offense and can result in
- prison time,
- fines, and
- a restraining / permanent protective order.
Cyberstalking is related to the misdemeanor crimes of online harassment and cyber-bullying. In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What is cyberstalking?
- 2. Examples
- 3. Is online harassment the same?
- 4. What online contact counts?
- 5. Penalties
- 6. Proving Cyberstalking
- 7. Defenses
- 8. Federal Law
- Additional Reading
1. What is cyberstalking?
Cyberstalking is a type of stalking that involves the use of the internet, digital media, or online programs.
Under Colorado Revised Statutes section 18-3-602, the crime of stalking involves either:
- Making a credible threat against someone and
- Repeatedly approaching, contacting, communicating with, placing under surveillance, or following that person or the person’s immediate family or intimate partner;
OR
- Repeatedly following, approaching, contacting, placing under surveillance, or communicating with someone or that person’s immediate family or intimate partner
- In a manner that would cause a reasonable person to suffer serious emotional distress, and
- That person does suffer serious emotional distress.2
With the increased use of the internet in our daily lives, most cases of stalking involve some level of cyberstalking.
2. Examples
Cyberstalking can involve any type of communication used to make threats, harass another person, or place someone under surveillance. This can include simple forms of internet communication, like sending emails, or more elaborate actions like hacking into someone’s phone or webcam. Cyberstalking can involve former romantic partners or complete strangers.
Examples of cyberstalking may include:
- Repeated emails threatening the victim
- Text messages saying the victim is being watched
- Repeatedly sending the victim unwanted presents online
- Sending surveillance pictures through Snapchat showing the victim at home, work, or school
- Making indirect threats to harm the victim, the victim’s children, relatives, friends, or pets through Facebook messages
- Threatening to hack the victim’s phone
- Harassing the victim online
- Placing a GPS tracking device on the victim’s car to track their movement
- Posting information or spreading rumors about the victim on internet forums
- Obtaining personal information about the victim by using internet searches
Also see our article on domestic violence harassment, which can include cyber-bullying.
3. Is online harassment the same?
Online harassment is a separate criminal offense from cyberstalking. However, some activities could be charged as both cyberstalking and online harassment.
Under Colorado Revised Statutes section 18-9-111, online harassment includes initiating online communication to:
- Harass,
- Threaten bodily injury,
- Threaten property damage, or
- Make obscene comments or suggestions.3
Online harassment includes communication through a computer, computer network, or any computer system. Online harassment may include other forms of online abuse, including:
- Cyber-bullying,
- Cyber-threats,
- Cyber-extortion, and/or
- Revenge Porn.
Online harassment or cyber-bullying is a class 2 misdemeanor in Colorado, carrying up to 120 days of jail and/or up to $750.4 However, if your intent was to intimidate or harass another person because of their race, religion, ancestry, or national origin, then you face a class 1 misdemeanor, carrying up to 364 days in jail and/or up to $1,000.5
Colorado’s harassment law is known as Kiana Arellano’s law.6
4. What online contact counts?
Online communication that can be considered cyberstalking may include most types of modern communication. Examples include:
- Text messages
- Forum posts
- IRC chat
- Instant messages
- Tinder
- Snapchat
- Tumblr
- YouTube
- Kik
- Skype
- LINE
Colorado’s restraining order laws have been updated to include online contact. Under C.R.S. 13-14-101(1.7), illegal contact includes any communication, directly or indirectly, through electronic and digital forms of communication. This includes contact through social media.7
5. Penalties
First Offense of Cyberstalking
A first offense of cyberstalking is an extraordinary risk class 5 felony in Colorado.8 The penalties include:
- 1 to 4 years in prison,
- 2 years of mandatory parole, and
- Fines from $1,000 to $100,000.9
Second Offense of Cyberstalking
A second or subsequent offense with 7 years of a prior cyberstalking conviction is a class 4 felony in Colorado. The penalties include:
- 2 to 8 years in prison,
- 3 years of mandatory parole, and
- Fines from $2,000 to $500,000.10
Cyberstalking in Violation of a Protective Order
Cyberstalking in violation of a restraining order, protective order, or condition of probation is a class 4 felony.11 The penalties include:
- 2 to 8 years in prison,
- 3 years of mandatory parole, and
- Fines from $2,000 to $500,000.
Is cyberstalking a felony?
Yes, stalking and cyberstalking are felony crimes.12 In addition to carrying criminal penalties, a felony criminal record may make it impossible or more difficult to:
- Find a job,
- Get a professional license,
- Get scholarships,
- Serve on jury duty,
- Run for public office,
- Find housing,
- Get public assistance, and/or
- Own a firearm.
How is cyberstalking different than regular stalking?
Regular stalking may involve making credible threats or harassing someone in person, by mail, or on the phone. If you allegedly make threats using text messages, internet forums, or through social media, it would be considered “cyberstalking.”
Colorado has not defined cyberstalking as a separate offense from stalking. Stalking and cyberstalking are both charged under C.R.S. 18-3-602.
Stalking in Colorado is also called “Vonnie’s Law.”13
6. Proving Cyberstalking
In order to convict you of stalking or cyberstalking in Colorado, the prosecutor has to prove all elements of the crime beyond a reasonable doubt. There are two ways to prove cyberstalking, as discussed below.
Cyberstalking by Credible Threat and Repeated Conduct
The elements of the crime of stalking based on making a credible threat and repeated conduct include proving that you:
- Knowingly,
- Made a credible threat to another person (directly or indirectly), and
- In connection with the threat, repeatedly followed, approached, contacted, or placed under surveillance that person, a member of that person’s immediate family, or someone with whom that person was having or previously had a continuing relationship.14
Cyberstalking Causing Serious Emotional Distress
The elements of the crime of stalking based on causing the victim serious emotional distress include proving that you:
- Knowingly,
- Repeatedly followed, approached, contacted, placed under surveillance, or made any form of communication with another person, either directly, or indirectly through a third person,
- In a manner that would cause a reasonable person to suffer serious emotional distress, and
- Which did cause that person, a member of that person’s immediate family, or someone with whom that person was having or previously had a continuing relationship to suffer serious emotional distress.15
7. Defenses
Here at Colorado Legal Defense Group, I have represented countless clients charged with cyberstalking offenses. In my experience, the following nine defenses have proven very effective with prosecutors, judges, and juries.
- You did not threaten anyone or anyone’s family members.
- The threat was taken out of context.
- Any threats were not directed at the alleged victim.
- The threat was exaggerated and not realistic (or even possible).
- The alleged victim did not suffer any serious emotional distress.
- You never contacted the victim more than one time.
- The alleged victim was actually the harasser.
- The alleged victim thought anonymous text messages were coming from you but they were coming from someone else.
- The alleged victim created fake threats to make themselves appear to be the victim.
8. Federal Law
In some cases, cyberstalking can also be a federal offense under 18 U.S.C. 875(c), which prohibits transmitting any communication that contains a threat to injure another person through the internet, email, or interstate commerce communication.16 The penalties include:
- up to 5 years in federal prison and
- a fine of up to $250,000.17
Certain types of cyberstalking may also be charged as federal internet harassment, which is using a telecommunications device with the intent to abuse, threaten, or harass a specific person. This type of online harassment can result in a fine and up to two years in prison.18
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Cyberstalking and Free Speech: Rethinking the Rangel Standard in the Age of the Internet – Oregon Law Review.
- Threading the First Amendment Needle: Anonymous Speech, Online Harassment, and Washington’s Cyberstalking Statute – Washington Law Review.
- One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and Cyberstalking – Northwestern University Law Review.
- Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws – Missouri Law Review.
- What is Cyberstalking? A Review of Measurements – Journal of Interpersonal Violence.
Legal References
- C.R.S. 18-3-602 – Vonnie’s Law – (“(1) A person commits stalking if directly, or indirectly through another person, the person knowingly: (a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or (b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or (c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.”)
- Same.
- C.R.S. 18-9-111 – Kiana Arellano’s Law – (“(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she: (e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene.”)
- C.R.S. 18-9-111 (2). Prior to March 1, 2022, cyber harassment was a class 3 misdemeanor in Colorado. The penalties for a class 3 misdemeanor included a maximum of 6 months in jail and a fine of up to $750. SB21-271.
- Same. Prior to March 1, 2022, cyber-bullying based on being part of a protected class carried a maximum of 18 months in jail and a fine of up to $5,000. SB21-271.
- C.R.S. 18-9-111, see footnote 3 above. Kiana Arellano was a high school sophomore from Highlands Ranch. Kiana was a victim of cyberbullying and harassment from classmates and eventually tried to commit suicide. Kiana survived her attempted suicide but was left paraplegic and with severe brain damages as a result. Colorado did not have a cyberbullying law, and lawmakers passed legislation to make online harassment illegal, naming the law after Kiana.
- C.R.S. 13-14-101(1.7) (“Contact” or “contacting” means any interaction or communication with another person, directly or indirectly through a third party, and electronic and digital forms of communication, including but not limited to interaction or communication through social media.”)
- C.R.S. 18-3-602 (3) (“A person who commits stalking: (a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section.”)
- C.R.S. 18-3-602 (4) (“Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10).”)
- C.R.S. 18-3-602 (3) (“A person who commits stalking: (b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.”)
- C.R.S. 18-3-602 (5) (“If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.”)
- C.R.S. 18-3-602, see footnote 1 above.
- Same. Colorado’s laws against stalking are named “Vonnie’s Law,” after the death of Vonnie Flores who was killed by her stalker. Vonnie Flores was a teaching assistant in Leadville. Flores had gone to the Lake County sheriff’s department to report that her neighbor had been stalking her for two years. The stalker was arrested and released on bail. Vonnie Flores had a temporary restraining order against the stalker; however, a few weeks later, the stalker shot and killed Flores and then shot himself. Colorado lawmakers introduced “Vonnie’s Law” in 2012, named in memory of Flores. The anti-stalking bill went into law as Colorado Revised Statute 18-3-602.
- Same.
- Same.
- 18 U.S.C. 875(c) (“Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.”)
- 18 U.S.C. 875(c) (“Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.”)
- 47 U.S.C. 223(a)(1)(C) (“Whoever—(1) in interstate or foreign communications—(C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to abuse, threaten, or harass any specific person; shall be fined under title 18 or imprisoned not more than two years, or both.”)