Harassment is a very serious crime in the State of Colorado with penalties that can have life altering implications. Often times the line between harassment and stalking is confusing. The Colorado Revised statutes – (18-9-111) which are most commonly referred to, include the statutes on stalking as well, however it is important to understand that they are in fact different charges with different consequences.
While Harassment is considered a Class 3 Misdemeanor, Stalking (first time offense) is a class 5 felony. Similarly to stalking, harassment causes victims, their friends and family a great deal of emotional trauma and viewed as a serious problem which requires proactive legal measures to mitigate. It is often committed against a past or present spouse, or against one with whom the perpetrator has had intimate relations with, and therefore is often considered a Domestic Violence Related offense.
COLORADO DEFENSE ATTORNEY RICHARD HUTTNER
If you’re facing charges for harassing a partner, you need the assistance of a knowledgeable, experienced and aggressive Criminal Defense Attorney. Richard Huttner has successfully handled hundred of Domestic Violence related Harassment and Stalking cases, helping the accused mitigate prosecution to achieve the best possible outcome, and eliminating convictions all together. Take a moment to learn more about Colorado’s laws on this topic by reading the information below, or visit our Colorado Criminal Codes Article On Harassment and Stalking which contains the complete Colorado Revised Statute (18-9-111)
COLORADO HARASSMENT (18-9-111) DEFINED
- 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
(e) Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system 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, or computer system 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.
- Harassment pursuant to subsection (1) of this section is a class 3 misdemeanor; except that harassment is a class 1 misdemeanor if the offender commits harassment pursuant to subsection (1) of this section with the intent to intimidate or harass another person because of that person’s actual or perceived race, color, religion, ancestry, or national origin.
- 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.