Colorado’s “Harassment” Statute – When is it a crime?

In Colorado, people can face criminal harassment charges under CRS 18-9-111 for a wide variety of behaviors. And depending on the case, the penalties for violating harassment laws can include fines and possibly jail. Here are three things to know about the Colorado harassment statute:

1. Harassment is a very broad criminal charge.
2. Harassment is different from stalking.
3. The penalties for harassment recently changed.

CRS 18-9-111 reads as follows:

(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed.
(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; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

(1.5) As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.

(2) (a)A person who violates subsection (1)(a) or (1)(c) of this section or violates any provision of subsection (1) of this section with the intent to intimidate or harass another person, in whole or in part, because of that person’s actual or perceived race; color; religion; ancestry; national origin; physical or mental disability, as defined in section 18-9-121 (5)(a); or sexual orientation, as defined in section 18-9-121 (5)(b), commits a class 1 misdemeanor.
(b) A person who violates subsection (1)(e), (1)(f), (1)(g), or (1)(h) of this section commits a class 2 misdemeanor.
(c) A person who violates subsection (1)(b) of this section commits a petty offense.

(3) Any act prohibited by paragraph (e) of subsection (1) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, or other electronic communication was either made or received.

(4) to (6) Repealed.

(7) Paragraph (e) of subsection (1) of this section shall be known and may be cited as “Kiana Arellano’s Law”.

(8) This section is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.

1. Harassment is a very broad criminal charge

CRS 18-9-111 defines harassment as having two elements. The first is that the defendant has the intention to annoy, alarm, or harass another person. The second element that the defendant commits one of the following seven harassing acts:

1. Physically touching the victim.
2. Making an obscene gesture or remark to the victim in public.
3. Following the victim in public.
4. Calling the victim repeatedly for no legitimate reason.
5. Initiating communication repeatedly at inconvenient hours in a way that invades the victim’s privacy.
6. Repeatedly taunting the victim in a way likely to provoke an unlawful response.
7. Making obscene or threatening comments over the phone or internet.

Consequently, harassment in Colorado criminal law comprises taunting words or behaviors that can occur not only in person but also over the phone or online. Typical evidence that district attorneys and criminal defense lawyers rely on in these cases include eyewitness accounts, recorded communications, and surveillance video.¹

2. Harassment is different from stalking

Harassment rises to the level of stalking (CRS 18-3-602) under Colorado law in one of two situations:

1. The defendant makes a credible threat against someone and then repeatedly contacts or follows the victim or the victim’s immediate family member or intimate partner; or
2. The defendant repeatedly contacts or follows the victim or the victim’s immediate family member or intimate partner in a way that would cause a reasonable person to suffer serious emotional distress, and the victim actually does suffer serious emotional distress.

Therefore, stalking requires that the defendant make a credible threat or cause serious emotional distress to the victim. Neither of these elements is required for someone to get convicted of harassment.²

3. The penalties for harassment recently changed

As of March 1, 2022, the criminal sentence for harassment is as follows:

Harassing Behaviors	Harassment Sentence in Colorado
The defendant’s motivation has to do with the victim’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation.	Class 1 misdemeanor: Up to 364 days in jail and/or Up to $1,000 in fines
The defendant either: strikes, shoves, kicks, or otherwise touches a person or subjects him/her to physical contact; or follows a person in or about a public place.	Class 1 misdemeanor: Up to 364 days in jail and/or Up to $1,000 in fines
In a public place, the defendant directs obscene language or makes an obscene gesture to or at another person.	Petty offense: Up to 10 days in jail and/or Up to $300 in fines
All other harassment cases.	class 2 misdemeanor: Up to 120 days in jail and/or Up to $750 in fines

Prior to March 1, 2022, harassment was a class 1 misdemeanor carrying six to 18 months in jail and/or $500 to $5,000 if the defendant’s motivation had to do with the victim’s actual or perceived:

• race,
• color,
• religion,
• ancestry,
• national origin,
• physical or mental disability, or
• sexual orientation.

Otherwise, harassment was a class 3 misdemeanor punishable by up to six months in jail and/or $50 to $750.³

Searching for a DUI/criminal law firm in Denver or elsewhere in Colorado? Contact our criminal defense attorneys for legal advice today.

See our related articles on domestic violence, cyberbullying, unlawful sexual contact, sexual assault, self-defense, illegal searches by law enforcement, and how to get a restraining order/protection order.

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