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Criminal Tampering

Criminal tampering in Colorado involves interfering with property, utilities, or public services in a way that disrupts operations or causes inconvenience, including for the purposes of theft. The state recognizes two levels of criminal tampering:

First-Degree Criminal Tampering (CRS 18-4-506) – More serious offenses involving intentional interference with utilities or services.
Second-Degree Criminal Tampering (CRS 18-4-506.5) – Less severe offenses involving tampering with another person’s property to inconvenience or annoy them.

Denver Lawyer for Criminal Tampering

If you have been charged with criminal tampering in Colorado, you need to contact an experienced criminal defense attorney immediately. There are several reasons why an innocent person may be charged with criminal tampering, such as a mistake in believed access.

Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

Overview of Criminal Tampering

First-Degree Tampering
Second-Degree Tampering
Defenses
Frequently Asked Questions
Hire an Attorney for Criminal Tampering

First-Degree Criminal Tampering (CRS 18-4-506)

A person commits first-degree criminal tampering when they:

Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of first degree criminal tampering if, with intent to cause interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person tampers with property of a utility or institution.

First-degree tampering often refers to:

Cutting power lines or damaging electrical transformers,
Disrupting water supplies by interfering with pipes or valves or
Damaging public transportation or emergency service communication lines.

Key Elements of the Crime

To secure a conviction, the prosecution must prove that the defendant:

Knowingly tampered with a public utility or institution (such as water, electricity, gas, or emergency services).
Intended to disrupt or impair the normal operation of that service.

Penalties for First-Degree Criminal Tampering

Class 1 misdemeanor
Up to 364 days in jail
Fines up to $1,000

Second-Degree Criminal Tampering (CRS 18-4-506.5)

Legal Definition

A person commits second-degree criminal tampering when they:

Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of second degree criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility.

Key Elements of the Crime

To be convicted of second-degree tampering, the prosecution must prove:

The defendant tampered with someone else’s property.
The intent was to annoy, inconvenience, or disrupt the owner.

Unlike first-degree tampering, second-degree tampering does not require interference with public utilities or services.

Examples of Second-Degree Criminal Tampering

Letting air out of someone’s tires to inconvenience them.
Moving or disabling security cameras in a private business.
Filling a car’s gas tank with sugar or another contaminant.

Penalties for Second-Degree Criminal Tampering

Class 2 misdemeanor
Up to 120 days in jail
Fines up to $750

Common Defenses

Lack of Intent

Both first-degree and second-degree tampering require intent to disrupt, inconvenience, or impair services. If the defendant did not knowingly tamper with the property, they may have a valid defense.

False Accusations

In some cases, tampering charges result from personal disputes or misunderstandings. If the accusation was false or exaggerated, the defense may challenge the credibility of the claims.

No Actual Interference

If the alleged tampering did not cause real disruption or inconvenience, the charges may be reduced or dismissed. The prosecution must prove that the defendant’s actions had a meaningful impact on a public service or individual.

Lack of Evidence

The prosecution must prove beyond a reasonable doubt that the defendant tampered with property. If there is insufficient evidence, the case may not hold up in court.

Frequently Asked Questions

What is the most serious type of tampering charge in Colorado?

First-degree tampering is the most serious, as it involves interfering with utilities or public services.

Can tampering charges be upgraded to felonies?

No. Both first-degree and second-degree tampering are misdemeanors. However, if the tampering causes serious damage or harm, additional felony charges may apply (such as criminal mischief or obstruction of public services).

Can I be charged with tampering if I accidentally damaged property?

No. The prosecution must prove intent to disrupt or inconvenience. If the damage was accidental, tampering charges may not apply.

Is tampering a violent crime?

No. Tampering is classified as a property crime, not a violent offense. However, some tampering cases may involve threats or intimidation, which could lead to additional charges.

What should I do if I am accused of tampering?

Do not speak to police without a lawyer.
Gather any evidence that supports your case.
Contact a criminal defense attorney immediately to discuss your legal options.

Hire an Attorney for Criminal Tampering in Denver, CO

A conviction can lead to jail time, fines, and a permanent criminal record. If you have been accused of first-degree or second-degree tampering, you need a strong defense. Call now for a confidential consultation with an experienced criminal defense attorney who will fight to protect your rights and help you avoid unnecessary penalties.