![Criminal Harassment in Colorado -- 7 ways you can get arrested [2022 UPDATES IN DESCRIPTION]](https://www.shouselaw.com/wp-content/plugins/wp-youtube-lyte/lyteCache.php?origThumbUrl=https%3A%2F%2Fi.ytimg.com%2Fvi%2FjNqCc7nMIzI%2F0.jpg)
In Colorado, harassment can be charged as a crime under CRS § 18-9-111 if you intentionally bother, annoy or alarm someone through repeated contact, obscene gestures, hitting, taunting, or following in public. A conviction can be a petty offense or a misdemeanor.
Harassing a person because of their race, religion or disability is a more serious crime punishable by
- up to 364 days in jail and/or
- fines of up to $1,000.
Examples of Criminal Harassment:
- Spitting on someone else
- Calling a person repeatedly and then hanging up
- Following someone closely for several blocks
- Sending threatening text messages
- Repeatedly insulting someone to egg that person on to fight
The following graphic shows these and other harassment scenarios:
In the sections below, our Denver, Colorado criminal defense lawyers address the following topics re. harassment:
- 1. Elements
- 2. Penalties
- 3. Defenses
- 4. Record Seals
- 5. What is Kiana Arellano’s law?
- 6. Harassment vs. Stalking
- Additional Reading
CRS 18-9-111 prohibits harassment if done with the intent to annoy or alarm.
1. Elements
For you to be convicted of harassment in Colorado, prosecutors have to prove beyond a reasonable doubt two elements.
The first element is that you intended to harass, annoy, or alarm another person (the victim).1 The second element is that you took one of the following seven actions:
- Struck, shoved, kicked, or subjected the victim to physical contact;2
- Made an obscene gesture or remark to the victim in public;
- Followed the victim in a public place;
- Called the victim repeatedly for no legitimate purpose;3
- Initiated communication repeatedly at inconvenient hours that invaded the victim’s privacy;
- Repeatedly taunted the victim in a way likely to provoke an unlawful response (“fighting words”);4 or
- Made obscene or threatening comments over the phone or internet (“cyber-bullying”).
Therefore, harassment is a broad offense that can occur in person or online, through words or actions.
Example: 18-year-old Jeffrey is the high-school bully. One day he:
- throws Tom against the lockers,
- pantomimes having sex to Jennifer,
- makes 20 telephone calls with obscene language to Victoria,
- follows Noah all the way home just to make him nervous,
- texts Avery all through the night while she should be asleep,
- keeps calling Henry the R-word at school to taunt him, and
- through instant message threatens to beat up Zack the next day during lunch.
Each of these actions qualifies as harassment under CRS 18-9-111.
Telephone Harassment
Note you can be charged with harassment over the telephone even for phone calls you receive. Examples include:
- blowing an air horn into the mouthpiece when a telemarketer calls or
- sexually harassing a bill collector.
Workplace Harassment
Workplace sexual harassment and hostile work environments are usually civil rather than criminal matters. Though if the victim claims unwanted sexual touching occurred, you could face charges for unlawful sexual contact.
2. Penalties
The following table spells out the criminal punishments for violating CRS 18-9-111.
| Harassment Charge | Colorado Sentence |
| Directing obscene language or making an obscene gesture to or at the victim in a public place | Petty offense: Up to 10 days in jail and/or $300 |
| Following the victim in a public place or unlawfully touching the victim | Class 1 misdemeanor: Up to 364 days in jail and/or $1,000 |
| Discrimination-based harassment due to the victim’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation or transgender identity | Class 1 misdemeanor: Up to 364 days in jail and/or $1,000 |
| All other forms of harassment | Class 2 misdemeanor: Up to 120 days in jail and/or $750 |
Note that the same penalties apply to domestic violence harassment, which is harassment between past or present spouses, lovers, or co-parents. In addition, the court will usually issue a protection order against you. Violating restraining orders is a crime in itself.
Also note that victims can bring civil lawsuits against you, especially if there is bodily injury or property damage.5
Cyber-bullying is generally a misdemeanor under Colorado law.
3. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with harassment. In our experience, the following six defenses have proven very effective with district attorneys and judges at getting these charges dismissed through negotiation or a trial.
- You had no intent to harass, annoy, or alarm anyone. We find this is the strongest defense because prosecutors have no way of getting inside your head to prove what you were thinking.
- You were falsely accused by the victim or someone else. We can often find the accuser’s motivations to lie by poring over their text messages, voicemails, etc.
- The victim misidentified you as the real harasser. In these cases, we rely on such evidence as GPS records, video surveillance footage, and eyewitnesses.
- You did not touch or threaten anyone. These cases often come down to “he said/she said” scenarios, and prosecutors may not have sufficient evidence to prove guilt beyond a reasonable doubt.
- The First Amendment protected your actions. Examples we often see are taking part in a lawful protest or making a consumer complaint.
- The victim had no reasonable expectation of privacy. Even if the victim felt harassed, you committed no crime if we can show the victim’s expectation of privacy was unreasonable.
Note that free speech crosses the line to harassment when the victim reasonably expects to be left alone. As the Colorado Supreme Court noted:
“The … offense is the thrusting of an offensive and unwanted communication on one who cannot ignore it.”6
Example: Jeremy stands on the street in front of his ex-girlfriend’s house and yells for hours. This is not free speech because his girlfriend has a reasonable expectation of privacy in her home, and his yelling intruded on her ability to enjoy her private property.
4. Record Seals
Harassment convictions can be sealed from your Colorado criminal record after a waiting period, as the following table shows:
| Colorado Harassment Case | Record Seal Wait Time |
| Class 1 misdemeanor conviction | 3 years after the case closes |
| Class 2 misdemeanor conviction | 2 years after the case closes |
| Petty offense conviction | 1 years after the case closes |
| Dismissal of criminal charge | No wait |
It is advised you petition for a record seal as soon as you are eligible. Having a clear criminal record greatly increases your employment prospects.7
5. What is Kiana Arellano’s law?
Kiana Arellano’s law refers to CRS 18-9-111(3), which prohibits cyber-bullying.
In 2013, Kiana Arellano was a high school sophomore who tried to hang herself after being bullied online by her classmates. The lack of oxygen left her brain damaged, paraplegic, and without the ability to talk.
At the time, there was no Colorado criminal law prohibiting cyber-bullying. To address this, the state legislature passed Kiana Arellano’s Law, which took effect in July of 2015.8
See our related article Colorado’s Harassment Statute – What You Need To Know.
6. Harassment v. Stalking
In Colorado, stalking is a more serious and specific crime than harassment. Stalking occurs when you:
- make a credible threat against the victim and
- engage in repeated behavior, such as contacting or following them.
Stalking is a felony and extraordinary risk crime punishable by up to four years in prison and $100,000 in fines.9
Additional Reading
For more in-depth information, our criminal defense attorneys suggest you refer to these scholarly articles:
- Where Do We Draw the Line between Harassment and Free Speech: An Analysis of Hunter Harassment Law – Animal Law.
- Identifying Stalking: The Relevance of Intent in Commonsense Reasoning – Law and Human Behavior.
- Unregulating Online Harassment – Denver University Law Review.
- Cyber Harassment: Its Forms and Perpetrators – Law Enforcement Technology.
- Hacking and Harassment—Do They Have Something in Common? Comparing Risk Factors for Online Victimization – Journal of Contemporary Criminal Justice.
Legal References:
- Bolles v. People (1975) 189 Colo. 394, 541 P.2d 80. See also People v. Wright, 2021 COA 106. People v. Moreno (2022) 2022 CO 15 (“We hold that the phrase “intended to harass” in subsection (1)(e) is unconstitutionally overbroad”).
- People v. Peay, (Colo. App. 2000) 5 P.3d 398.
- People ex rel. VanMeveren v. County Court (1976) 191 Colo. 201, 551 P.2d 716.
- Colorado Revised Statute 18-9-111. The language of the statute 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; or sexual orientation, as defined in section 18-9-121, or transgender identity 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. - Prior to March 1, 2022, harassment was usually a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750 in fines. SB21-271.
- People v. Weeks (1979) 197 Colo. 175 (1979). See also People v. Pearson, (January 10, 2022) 2022 CO 4 (“[A] defendant can assert self-defense as an affirmative defense to the crime of harassment so long as there is some credible evidence to allow a reasonable jury to find that they acted with intent to alarm, as outlined in section 18-9-111(1)(a), as a means of self-defense.”)
- CRS 24-72.
- Kevin Simpson, How a cyberbullying law in Colorado was tweaked to be more effective, Denver Post (April 22, 2016).
- CRS 18-3-602. Stalking.
(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.
(2) For the purposes of this part 6:
(a) Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.
(b) “Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.
(c) “Immediate family” includes the person’s spouse and the person’s parent, grandparent, sibling, or child.
(d) “Repeated” or “repeatedly” means on more than one occasion.
(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; or
(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.
(4) Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).
(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.
(6) Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.
(7) A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report.
(8)
(a) When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-105 (4), C.R.S., and a protection order shall issue in accordance with section 18-1-1001 (5).
(b) This subsection (8) shall be known and may be cited as “Vonnie’s law”.
(9) When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.