Tuesday

Colorado Stalking Laws

COLORADO

18-9-111. Harassment by Stalking. 1997.
(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(d) Repealed.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) Initiates communication with a person, anonymously or otherwise by telephone, in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone which 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) Harassment pursuant to subsection (1) of this section is a class 3 misdemeanor.
(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 was either made or received.
(4) (a) In addition to the circumstances described in subsection (1) of this section, a person commits harassment by stalking if directly or indirectly through another person such person knowingly:
(I) Makes a credible threat to another person and, in connection with such threat, repeatedly follows that person or a member of that person's immediate family; or
(II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a member of that person's immediate family, whether or not a conversation ensues.
(b) For the purposes of this subsection (4):
(I) "Credible threat" means a threat or physical action that would cause a reasonable person to be in fear for the person's life or safety or the safety of his or her immediate family;
(II) "Immediate family" includes the person's spouse and the person's parent, grandparent, sibling, or child;
(III) "In connection with" means acts occurring either before, during, or after the credible threat; and (IV) "Repeatedly" means on more than one occasion.
(5) Where a person commits harassment by stalking under paragraph (a) of subsection (4) of this section, the following shall apply:
(a) A person commits a class 6 felony for a first offense.
(a.5) For a second or subsequent offense, if such offense occurs within seven years of the date of a prior offense for which such person was convicted, the offender commits a class 5 felony.
(b) If, at the time of the offense, there was a temporary restraining order, injunction, or any other court order in effect against such person prohibiting the behavior described in subparagraph (I) or (II) of paragraph (a) of subsection (4) of this section, such person commits a class 6 felony. In addition, when a violation under subsection (4) of this section is committed in connection with a violation of a court order, including but not limited to any restraining order or any order that sets forth the conditions of a bond, any sentence imposed for such violation pursuant to this subsection (5) shall run consecutively and not concurrently with any sentence imposed pursuant to section 18-6-803.5 and with any sentence imposed in a contempt proceeding for violation of the court order. Nothing in this paragraph (b) 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 district of the court where the proceedings are to be heard and the district attorney for the district of the court where 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.
(6) 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 such report.

Legislative Update: Colorado legislators enacted a new law requiring an employer with fifty or more employees to permit an employee who is the victim of domestic abuse, stalking, sexual assault, or other crimes involving domestic violence to take up to three days of leave in a twelve-month period to seek protection for him or herself. An employee may use the leave time to pursue a civil restraining order, obtain medical care or mental health counseling for self or children, secure his or her home from the perpetrator of the crime, seek legal assistance, or to prepare for and attend related court proceedings. In order to qualify for this leave time, the employee must have been employed for twelve months or more, and must give the employer appropriate advance notice of the need for such leave time except when there is imminent danger to the employee's health or safety. An employer is prohibited from discharging or discriminating against an employee who exercises his or her rights under these provisions.

In addition, HB 1051 authorizes a judge or magistrate to issue a civil restraining order to a business entity in order to protect employees of the business upon finding that an imminent danger exists. An employer shall not be liable for failing to obtain such an order to protect its employees and patrons.

Under an amendment to Colorado's civil restraining order law, victims of domestic abuse or violence, stalking, or sexual assault seeking restraining orders may not be assessed filing or service of process fees. The court may order the respondent to pay such fees and to reimburse the victim for cost incurred in bringing the action at the permanent restraining order hearing.HB 1034 takes effect on July 1, 2002, and applies to all petitions for civil restraining orders filed on or after that date.