You can be charged with criminal stalking in Colorado if you (1) make a credible threat against the victim and (2) engage in repeated behavior such as following, surveilling, or contacting the victim. Stalking is a felony and an “extraordinary risk” crime punishable by up to four years in prison and fines of up to $100,000.

This chart shows the sentencing ranges for stalking (also called “Vonnie’s Law”).

Stalking Crime	Colorado Penalties
First offense	Class 5 felony: 1-4 years in Colorado State Prison (with mandatory 2-year parole) and/or $1,000-$100,000.
Second offense	Class 4 felony: 2-8 years in prison (with mandatory 3-year parole) and/or $2,000-$500,000.
Stalking in violation of a protective order	Class 4 felony: 2-8 years in prison (with mandatory 3-year parole) and/or $2,000-$500,000.

You may also be sued by the victim in a civil case.

Our top Denver Colorado criminal defense lawyers discuss the following, below:

• 1. What is stalking?
• 2. Penalties
• 3. Defenses
• 4. Vonnie’s law
• 5. Changes in the Law
• 6. Further Reading/Resources

1. What is stalking?

You can be convicted of stalking in Colorado when prosecutors prove beyond a reasonable doubt the following elements of the crime:

1. You made a credible threat to another person; and
2. In connection with that threat, you – at least twice – approached, contacted, or surveilled either:
   • that person,
   • their parent, grandparent, sibling, or child, or
   • their current or former relationship partner; and
3. You acted knowingly.¹

A “credible threat” means any conduct that would cause a reasonable person to fear for the safety of themselves or of their immediate family or current or former relationship partner.

You do not have to directly express the threat as long as the totality of your conduct would reasonably cause fear. It also does not matter whether you acted directly or indirectly through another person.²

There is another type of stalking in Colorado that does not involve you making a “credible threat.” Instead, what the victim felt matters just as much as your actions.

For you to be convicted of this other type of stalking, prosecutors would have to prove beyond a reasonable doubt the following elements of the crime:

1. You – at least twice – followed, approached, contacted, or surveilled either:
   • another person,
   • their parent, grandparent, sibling, or child, or
   • their current or former relationship partner; and
2. Your manner would cause a reasonable person to suffer serious emotional distress; and
3. The victim did suffer serious emotional distress; and
4. You acted knowingly.

It is not necessary that the victim receive professional treatment or counseling to prove they suffered emotional distress. Plus, as with the first type of stalking, it does not matter whether you acted directly or indirectly through another person.³

2. Penalties

First Offense

A first-time stalking offense in Colorado is a class 5 felony.⁴ Since stalking is an “extraordinary risk” crime, the sentence is:

• 1 to 4 years in prison (with mandatory 2-year parole), and/or
• A fine of $1,000 to $100,000.⁵

Depending on the case, you may also be sentenced to community service and/or counseling.

Subsequent Offense within 7 years

A second or subsequent stalking offense in seven years is a class 4 felony in Colorado. The penalty is:

• 2 to 8 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000 to $500,000.

Stalking in Violation of a Protective Order or Probation or Parole

Stalking in violation of a protective order or a condition of parole or probation is a class 4 felony, even if it is your first offense.⁶ This is punishable by:

• 2 to 8 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000 to $500,000.

You may also serve time for a separate misdemeanor for violating a protective order. This sentence will be served consecutively and in addition to your sentence for violating Colorado stalking laws.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with stalking and similar offenses. Depending on the type of stalking charge you are facing, the following defenses may prove effective with prosecutors, judges, and juries at getting your case reduced or dismissed.

1. You did not threaten anyone. The victim or witness merely misunderstood your actions and intentions.
2. Everyone understood that you were exaggerating for effect. For example, a co-worker asks you for your chocolate chip cookie recipe, and you reply, “I could tell you, but then I’d have to kill you.”
3. The alleged victim did not suffer any serious emotional distress. For example, you threaten to hurt your spouse if they ever leave you, but numerous people heard your spouse joking about the threat with friends.
4. You contacted the victim only once. A solo contact should not qualify as stalking behavior.
5. You contacted or followed the victim more than once, but it had nothing to do with the threat. For example, in a fit of anger, you threaten to beat up a co-worker. Then after things have settled down, you go over to their house several times to discuss a project the two of you are working on.

In our experience, showing that the police committed misconduct is another strong defense that could result in an acquittal or charges being dropped. Common forms of misconduct include entrapment, illegal searches, or coerced confessions.

4. Vonnie’s law

In July 2010, a Leadville teaching assistant named Vonnie Flores reported to the Lake County Sheriff that her neighbor had been stalking her for two years. He would follow her, touch her, and make inappropriate comments. He would also look through her windows at her and her husband.

The neighbor was eventually arrested for stalking but made bail. Two days later, he was put under a temporary restraining order that required him to stay away from Flores and have no contact with her whatsoever.

A few weeks after the protective order was issued, the neighbor shot and killed Flores before turning the gun on himself.

In response, Rep. Millie Hamner introduced House Bill 12-1114 in 2012. The bill became Colorado Revised Statutes 18-3-602, C.R.S., known as “Vonnie’s Law” in memory of Flores.

Under Vonnie’s law, if you are arrested for stalking, you cannot be released on bail until appearing before a judge. At this hearing, the judge explains how the protection order works. Plus you sign a document acknowledging that you understand the terms of release.

5. Changes in the Law

The United States Supreme Court case Counterman v. Colorado has made it harder for prosecutors to convict you of stalking for making threats.

Prior to Counterman, the D.A. had to show only that your communications would impact a reasonable person; the D.A. did not have to prove your intent. Now, the D.A. has the burden to show that you acted recklessly by consciously ignoring a substantial risk that your communications would be taken as threatening violence.

In short, judges and juries must take a subjective approach over an objective approach and consider your intent rather than how a reasonable person in the victim’s position would react to your conduct.⁷

Further Reading/Resources

Also see our related articles on the following Colorado crimes:

• criminal mischief
• criminal threats
• domestic violence
• false imprisonment
• invasion of privacy
• menacing
• sexual assault
• trespass
• vandalism

If you are a victim in need of help:

• Call 911 or the National Domestic Violence Hotline at 800-799-7233.
• Domestic Violence Program, Colorado Department of Human Services.
• SafeHouse Denver, an emergency shelter.
• Family Tree Domestic Violence Services, crisis line and shelter.
• Project Safeguard, legal advocacy and advice.
• Violence Free Colorado, advocacy services and support groups.
• TESSA of Colorado Springs, crisis line and shelter.

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