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Criminal Harassment

Criminal harassment charges in Colorado carry serious legal and personal consequences that extend far beyond the courtroom. The law defining harassment is broad and covers a wide range of behavior, from repeated phone calls and electronic messages to unwanted physical contact and stalking. These cases are often complicated by the fact that the line between protected expression and criminal conduct is not always clear, and accusations can arise from emotionally charged disputes. A conviction can result in fines, jail time, and a permanent record that affects employment, housing, and reputation.

Colorado Criminal Harassment Lawyer

Because of these risks, individuals accused of harassment must understand not only what the statutes require, but also how prosecutors build their cases and what defenses may apply. In the sections that follow, Law Office of Matthew A. Martin, P.C. provides a detailed explanation of Colorado’s harassment laws, the penalties they carry, the defenses available, the steps of a typical case, and the critical role of an experienced Colorado criminal harassment lawyer in safeguarding a client’s future.

If you have been charged with Criminal Harassment in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of domestic violence, stalking and harassment crimes.

Call (303) 725-0017 to set up your first consultation free of charge.

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Colorado Laws on Criminal Harassment

Harassment Under C.R.S. § 18-9-111 — Under C.R.S. § 18-9-111, harassment is a crime when a person acts with intent to harass, annoy, or alarm another individual. This includes striking, shoving, kicking, or otherwise physically contacting another person without legitimate reason, directing obscene language or gestures at another person in a public place, following someone in public areas, or making repeated phone calls or electronic communications without a valid purpose.

Electronic harassment, known as Kiana Arellano’s Law, specifically prohibits using text messages, instant messages, social media, or other digital communication to harass, threaten bodily harm or property damage, or make obscene proposals. Most forms of harassment are classified as a class 2 misdemeanor, which carries penalties of three months to 364 days in jail and/or a fine of $250 to $1,000. However, if the harassment involves physical contact or following someone based on race, religion, disability, sexual orientation, or another protected status, the offense becomes a class 1 misdemeanor, punishable by six to 18 months in jail and/or a fine of $500 to $5,000, with the maximum term extended to 24 months if the conduct poses an extraordinary risk of harm. When the conduct involves only obscene gestures or language in public, it is treated as a petty offense, with penalties specified separately in statute.

Stalking Under C.R.S. § 18-3-602 — Stalking is defined as knowingly making a credible threat and repeatedly following, contacting, approaching, or surveilling another person, their immediate family, or someone with whom they have a continuing relationship, in a way that would cause a reasonable person to suffer serious emotional distress. A first offense of stalking is classified as a class 5 felony, which carries a penalty of one to three years in prison and/or a fine of $1,000 to $100,000, followed by a mandatory two-year parole period. If the offender has a prior conviction for stalking within the past seven years, or if the conduct occurs while a court order, probation condition, or protection order is in place, the offense is elevated to a class 4 felony, punishable by two to six years in prison and/or a fine of $2,000 to $500,000, with three years of mandatory parole. Because stalking is considered an extraordinary risk crime, sentences can be enhanced beyond the standard range.

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Key Elements Juries Consider in Harassment Cases

Intent to Harass, Annoy, or Alarm — In order to convict someone of harassment, prosecutors must show that the defendant acted with intent. A jury looks for evidence that the accused person’s behavior was not accidental or harmless but was instead aimed at disturbing or alarming the victim. Without proof of intent, the charge may not stand.

Credible Threats in Stalking Cases — In cases involving stalking under C.R.S. § 18-3-602, the presence of a credible threat is central. Jurors evaluate whether the words or actions of the accused would cause a reasonable person to fear for their safety or the safety of their family. A threat does not need to be directly expressed, but the overall conduct must create legitimate fear.

Repeated Conduct or Communications — Both harassment and stalking require more than a single instance of behavior in many circumstances. Jurors are instructed to consider whether the accused engaged in repeated actions such as multiple phone calls, following someone multiple times, or sending continuous electronic messages. The law defines “repeated” as more than one occasion, which juries must carefully assess.

Serious Emotional Distress — For certain stalking cases, the standard is whether a reasonable person would suffer serious emotional distress, and whether the alleged victim actually did. Jurors weigh the testimony of the victim and surrounding evidence, but a victim does not need to prove they sought medical or psychological treatment to establish this element.

Protected Categories in Harassment Cases — When harassment is committed with the intent to intimidate or target a person based on race, religion, sexual orientation, disability, or transgender identity, the jury considers these facts as aggravating circumstances. If proven, these elements elevate the offense to a class 1 misdemeanor, which carries harsher penalties than other harassment charges.

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Defenses to Criminal Harassment Charges in Colorado

Lack of Intent — A central element of harassment under C.R.S. § 18-9-111 is intent. Prosecutors must prove that the defendant acted with the specific purpose of harassing, annoying, or alarming another person. A defense strategy may show that the accused person’s actions were misunderstood, accidental, or motivated by a legitimate reason unrelated to harassment. If intent cannot be established, the charge cannot stand.

Protected Speech Under the First Amendment — Colorado’s harassment laws cannot override the free speech rights guaranteed under the First Amendment to the United States Constitution and Article II, Section 10 of the Colorado Constitution. This means that communication that is offensive or unwanted may still be constitutionally protected. A defense can be built on showing that the accused person’s statements fall under protected political, religious, or philosophical expression.

No Repeated Conduct — In many harassment and stalking cases, the law requires repeated actions. For example, C.R.S. § 18-3-602 defines stalking as repeated following, contacting, or surveillance that creates fear or distress. If the prosecution’s evidence only shows a single incident or isolated event, a defense lawyer can argue that the repeated conduct element is missing and that the charge cannot be sustained under the statute.

No Credible Threat — Stalking under C.R.S. § 18-3-602 requires proof of a credible threat that would cause a reasonable person to fear for their safety or that of their family. A defense may focus on showing that the alleged threat was vague, exaggerated, or not sufficient to meet the legal definition. If the jury finds that no credible threat existed, a stalking conviction cannot be supported.

False Accusations or Mistaken Identity — In some cases, harassment charges may stem from personal disputes, revenge, or misunderstandings. A defense may highlight inconsistencies in the accuser’s statements, lack of corroborating evidence, or proof that someone else was responsible for the alleged conduct. Establishing doubt about who committed the act can lead to a dismissal or acquittal.

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Role of a Denver Criminal Harassment Attorney

Investigating the Accusations — A skilled lawyer carefully reviews all evidence tied to the alleged harassment, such as phone records, text messages, or social media posts. This detailed investigation often uncovers weaknesses in the prosecution’s case or shows that conduct was misinterpreted.

Challenging the Prosecution’s Evidence — Many harassment charges hinge on claims of intent, repetition, or a credible threat. The attorney works aggressively to show when these legal elements are missing, preventing prosecutors from meeting the burden of proof required for a conviction.

Protecting Against Harsh Penalties — When charges involve aggravated circumstances, such as alleged harassment based on race or disability, penalties can be severe. The lawyer fights to reduce or dismiss charges, aiming to protect the client from jail, probation, or a permanent criminal record.

Defending Free Speech Rights — Courts have recognized that Colorado’s harassment statute risks punishing protected speech. An experienced defense lawyer ensures clients are not convicted for constitutionally protected expression, especially in cases involving online communication under Kiana Arellano’s Law.

Standing With the Client — Beyond the courtroom, the attorney provides strong advocacy and personal support, helping clients navigate hearings, protection orders, and court dates. This steady presence ensures the client is never left alone against the weight of the criminal justice system.

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Frequently Asked Questions About Criminal Harassment in Colorado

What is considered harassment in Colorado?
Harassment in Colorado under C.R.S. § 18-9-111 includes unwanted physical contact, obscene gestures, following in public, repeated phone calls, or electronic communication meant to harass. Penalties range from petty offenses to class 1 misdemeanors, depending on the conduct and circumstances.

What are the penalties for criminal harassment in Colorado?
Penalties depend on the type of harassment. Obscene gestures are petty offenses, while repeated communications or taunts are class 2 misdemeanors. Harassment targeting protected characteristics like race or religion can rise to a class 1 misdemeanor with more serious legal consequences.

What is Kiana Arellano’s Law in Colorado harassment cases?
Kiana Arellano’s Law refers to subsection (1)(e) of C.R.S. § 18-9-111. It criminalizes harassment through electronic communications such as texts or social media. The law prohibits harassment, threats of harm, and obscene proposals, establishing specific consequences for cyber-based harassment.

What is the difference between harassment and stalking in Colorado?
Harassment usually involves unwanted physical contact, obscene speech, or repeated communications. Stalking under C.R.S. § 18-3-602 involves credible threats combined with repeated actions causing serious emotional distress. Stalking is charged as a felony, while harassment is typically a misdemeanor or petty offense.

Can free speech be a defense to criminal harassment in Colorado?
Yes, free speech protections under the First Amendment can apply. In People v. Moreno (2022), part of Colorado’s harassment law was found unconstitutional for being too broad. If speech is offensive but constitutionally protected, it cannot be prosecuted as harassment.

How many incidents are needed for harassment charges in Colorado?
Some harassment charges, such as repeated calls or electronic communications, require more than one incident to qualify. The law defines repeated conduct as occurring on more than one occasion. A single incident may not be enough for certain charges.

What is the penalty for stalking in Colorado?
Stalking under C.R.S. § 18-3-602 is treated as a felony. A first offense is a class 5 felony, but a second offense within seven years is a class 4 felony. Stalking is also considered an extraordinary risk crime.

Can someone get a protection order for harassment in Colorado?
Yes, courts can issue temporary or permanent civil protection orders to stop harassment. These orders may prohibit contacting, following, or threatening the protected person. Violating a protection order can result in additional criminal charges with harsher consequences.

Can a tenant break a lease due to harassment or stalking in Colorado?
Colorado law allows tenants who are victims of harassment or stalking to end leases early. Victims must provide proof, such as a police report or protection order, under C.R.S. § 38-12-402. This law helps protect victims from continued danger.

Are juveniles charged for harassment in Colorado?
Yes, juveniles as young as ten can face harassment charges. Courts may issue civil protection orders against them. While penalties can vary, cases often involve a combination of accountability and rehabilitative measures within the juvenile justice system in Colorado.

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Resources

Colorado Harassment Law C.R.S. § 18-9-111 —This source provides the full text of Colorado’s harassment statute, C.R.S. § 18-9-111. It outlines the types of conduct that qualify as harassment, the penalties for each type of offense, and related legal definitions.

Colorado Stalking Law C.R.S. § 18-3-602 —This source contains the complete text of Colorado’s stalking statute, C.R.S. § 18-3-602. It explains what conduct qualifies as stalking, how the law defines terms like “credible threat,” and the penalties, which include felony-level consequences for certain violations.

Colorado Victim Rights Act (VRA) —This source explains the Victim Rights Act in Colorado, which ensures victims of certain crimes are treated with fairness and kept informed of important stages in criminal cases. It also provides contact information and additional resources for victims of crime.

Colorado Judicial Branch: Getting a Protection Order —This source provides information on how to request a civil protection order in Colorado. It explains temporary and permanent protection orders, the filing process, necessary forms, personal service requirements, and how protection orders affect situations involving harassment, domestic abuse, or stalking.

United States Attorney’s Office Civil Rights Enforcement —This source describes how the U.S. Attorney’s Office for the District of Colorado enforces federal civil rights laws. It provides information on submitting civil rights complaints, explains relevant federal statutes, and offers links to legal resources, brochures, and examples of past enforcement actions.

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Hire a Harassment Criminal Defense Attorney in Denver, Colorado

If you have been charged with criminal harassment in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.

Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.