An Introduction to the Colorado Stalking Laws
The term "stalking" denotes a pattern of behavior or conduct by an individual that places another person in fear for his or her physical safety, or that of his or her immediate family. In some cases stalking may not result in actual physical harm to a victim, but rather psychological or emotional harm, or the threat thereof. As we will see, many of the stalking laws defined by the Colorado statutes are classified as felonies, given the potentially severe consequences that stalking can have on victims.
Colorado Revised Statute § 18-3-602 outlines the criminal charges and penalties for stalking offenses. Under § 18-3-602, it is unlawful for a person to make a credible threat against another person with the intent to stalk that person, or to repeatedly follow, surveil, or make contact with another person at or about the same time that he or she makes a credible threat with the intent to cause that person to suffer serious emotional distress or with the intent to place the other person in reasonable fear that he or she will suffer serious bodily injury or death.
Under the law, a "credible threat" is one where a reasonable person would have both the intent to place another person in fear of bodily injury or death and the ability to carry out that threat (such as possessing a weapon). When another person feels threatened and in fear, due to such a threat, under Colorado Revised Statue § 18-3-602, the stalker’s actions are viewed as having the effect of a credible threat.
Section § 18-3-602 defines what qualifies as stalking under the law, and categorizes various stalking offenses as either a class 5 felony (if the accused stalker acted recklessly), a class 4 felony (if the accused stalker , in addition to one of the above-mentioned intents or actions, also intended to cause the victim to suffer serious bodily injury or death), a class 3 felony (if the accused stalker, in addition to one of the above-mentioned intents or actions, also intended to kill or drug the victim or cause serious bodily harm), or a class 2 felony (if the accused stalker, in addition to one of the above-mentioned intents or actions, also used, or in the course of committing the offense, used or possessed a deadly weapon). The stalking law covers threats made over the telephone and electronic communications, and covers repeated contact by email, text, or via social media. Actual physical contact is not required for stalking to occur.
Before someone is charged with stalking in Colorado, police officers must make a determination of whether the alleged perpetrator’s actions fall within the realm of "permissible contacts" under C.R.S. 18-3-602, which include: (a) lawful picketing carried out in compliance with state and local laws; (b) following the victim in a reasonable manner, accompanying the victim or a member of a victim’s family to and from a location, or monitoring the activities of the victim or a member of his or her family; (c) using a telephone, email, or regular mail solely for normal business purposes in accordance with all applicable federal and state laws; (d) calling for normal assistance from a government agency or police department in assistance of a specific problem.
A conviction for stalking in Colorado can result in a lengthy jail sentence and extensive fines. Therefore, if you have been charged with a stalking offense, you should consult with a qualified criminal defense attorney immediately.
Elements of a Stalking Offense in Colorado
To establish the offense of stalking, a prosecutor is required to prove four essential elements.
Intent and Knowledge
Stalking can only be committed by a person who intentionally and knowingly does the following: When the defendant employs a 3rd party to follow, surveil or harass another person, the defendant can be guilty of stalking if he/she possesses knowledge or intent that the 3rd party will follow, surveil or harass the person.
Pattern of Purposeful Behavior
Stalking must consist of multiple acts. In other words, a single unwanted phone call or email wouldn’t constitute stalking. Multiple acts are sometimes difficult to prove. For example, you may have one or more incidents that don’t appear very serious but the acts that appear to be very serious are actually sporadic. Or, there may be incidents that appear to be serious but are actually relatively routine. A Court or jury can boil down the evidence to determine if the multiple acts collectively support a conclusion that the defendant’s course of conduct was intended to harass or intimidate the victim.
Criminal Penalties Associated with Stalking
Violating the stalking statute can have serious legal consequences. § 18-3-601(5)(a). Possible penalties include:
Restitution
The court can order the defendant to make financial reparations to the victim. This may cover things like therapy costs and lost wages. Restitution may also be ordered as a condition of a sentence to community service.
Restitution is mandatory if the victim is a government employee acting in the capacity of his or her government employment. § 18-3-601(4).
Fines and probation
Probation is often ordered in addition to a fine.
Possible fines include:
A judge may allow or require a defendant to spend the fine in jail instead of paying it.
A judge may suspend or revoke a defendant’s sentence and place him on probation instead of prison time or at any time during a sentence to prison. Probation generally requires that a defendant do community service, pay restitution, and attend counseling or therapy. Stat.
Failure to comply with the terms of probation can be met with a harsher sentence.
Community service
Depending on the defendant’s prior criminal history, a judge may order community service in addition to or in lieu of a sentence to prison.
Injunctions
If no order of protection was obtained at the time of the alleged commission of stalker, the victim may petition the court for a stalking injunction. This is a restraining order prohibiting all contact from the defendant. A stalking injunction may not issue on the basis of an allegation of stalking unless confirmed by the arrest of defendant for a class 1 misdemeanor or class 5 felony stalking within the last year. However, a new stalking incident may trigger a stalking injunction even if the victim was previously granted a restraining order.
Seeking Protection Against Stalking
While stalking can be difficult to identify, victims may be able to obtain a Colorado protection order to help safeguard against future incidents. If the stalking behavior includes threats of violence or physical contact, victims may be eligible for civil or criminal restraining orders to keep the perpetrator at bay. Stalking in Colorado involves either the use of electronic methods or physical means to follow and harass a person, making them feel unsafe in their daily lives.
Victims can file for civil restraining orders through the courts for both temporary and final protection following the initial stalking incident. A temporary restraining order, or TRO, will generally be approved within a few days after the incident and is meant to give time for a final order to be established. A final restraining order can be issued for up to two years, but can be longer, depending on case facts, and may be renewed. In most cases, there are no fees assessed for filing a Colorado civil restraining order. Obtaining a harassment order requires proof that a credible threat was made by the perpetrator to the victim. Such a threat can be made verbal, through email or other electronic means, or through physical contact. The alleged stalking behavior must also occur either once or repeatedly over a period of time. Physical evidence may be required to support the claim. In cases where the perpetrator and the victim have some kind of relationship, including current or former spouses, lovers, co-parents and the like, then a domestic violence restraining order may be issued instead of a harassment order. A domestic violence order may last longer than a harassment order and will serve to protect the specific family or household members involved in the situation. A harassment order can be sought against anyone regardless of their relationship to the victim. Under Colorado law, household members include any current or former spouses, people who have cohabitated for a period of time whether married or not, unmarried couples who have or have had children together, and people who have a significant romantic relationship or have cohabitated and have a child together or are expectant parents.
Recent Amendments to the Colorado Stalking Laws
As of July 1, 2022, both the Colorado General Assembly and the Colorado Court of Appeals recognized new stalking offenses and amendments to existing offenses. Starting January 1, 2020, Colorado created a new offense in the stalking statute, CRS 18-3-602, for a person who "knowingly introduces a substance into the body of another" or "administers a substance to another without the consent of the other" for the purposes of injury, illness, offense of condition, or sexual arousal. This new crime is a class 3 felony in Colorado.
Also on January 1, 2020, the acts of "harassment" and "stalking" both expanded under CRS 18-9-111(4). Stalking now includes "the unlawful act of knowingly engaging in two or more acts of criminal harassment" with the motive of engaging in conduct that would cause a reasonable person to suffer serious emotional distress and does cause that person to suffer serious emotional distress. Also added to the stalking laws are provisions that stalking can be in person or by electronic means where two acts of stalking occur within one year , including acts where the victim resides in or is temporarily domiciled in the state of Colorado or is traveling through Colorado and intending to return. Like harassment, stalking can be charged in any degree.
CRS 18-3-602, the criminal stalking statute also added mandatory protection orders under C.R.S. 13-14-102(9.5) for convicted offenders, which are separate from protection orders typically issued in domestic matters or civil cases. A court-ordered mandatory protection order will remain in effect for the duration of the protective sentence, during parole, or until the court vacates the order.
How to Report Stalking or Harrassment in Colorado
When a stalking incident occurs, it’s important to act as quickly as possible. Even if you’ve just received a few threatening phone calls or a letter, it’s wise to contact authorities and report the incident. In Colorado, it is not necessary to wait for a criminal act to occur before filing a police report. The threat of a crime and a credible intent to act may be sufficient for law enforcement to take action. If you are unsure whether the situation is serious enough to warrant immediate intervention, simply err on the side of caution.
In order to report a case of stalking in Colorado, you must contact your local law enforcement agency. Those who have encountered illegal activity should seek help from the police department; however, those who suspect that a crime is about to occur or who wish to file a civil suit should contact the county sheriff’s office.
When filing a report, you will need to provide accurate details of the incident. While Colorado law does not require you to provide a sworn statement, doing so may make it easier for the police to act. Be sure to include the dates of each incident, along with any information that may help authorities track down the suspect. If the stalker has made direct threats against you or others, keep a record of each occurrence.
Keep in mind that stalkers sometimes lash out because they do not feel as though their actions are being taken seriously. Combative behavior may also be an indication that the stalker is attempting to intimidate you into withdrawal. In short, stalkers may be more likely to threaten you when police officers are present; while this may sound encouraging, it’s crucial that you avoid baiting the individual in order to gather evidence.
No matter how dire the threat may appear to you, remember that law enforcement personnel are restricted in what they can do. If you believe that your case warrants the issuance of a protection order, you will need to file a petition with the court. Stalking orders of protection are available in Colorado and may be issued based on verified testimony.
Even if the stalking victim remains anonymous, he or she should file a report as soon as possible. Likewise, individuals who have witnessed stalking behavior should inform law enforcement. While those who have been subjected to such unwanted behavior may rightfully assume that they are the only ones with firsthand knowledge of the stalker, the police may be able to identify a pattern of behavior when witnesses provide additional details.
In some cases, the stalker will attempt to spin a story against the victim. To avoid being cornered, be sure to provide officers with as many details as possible. If at all possible, witnesses should be present and should be willing to testify if necessary. While it is ultimately up to the courts to take appropriate action, victims and witnesses should work diligently to assess their own safety and discuss potential next steps with their attorney or legal counsel.
Commonly Asked Questions about Stalking Laws
A few common questions are asked regarding Colorado’s stalking laws and stalking protection orders.
Does a victim have to be in a sexual relationship with an offender for it to be considered stalking?
No, a person can be stalked by a non-sexual intimate partner and still be protected under Colorado’s stalking protection order laws.
What is the difference between a protection order and a restraining order?
There is no substantive difference. Both orders are meant to reduce the contact and harassment between two parties. Protection orders can also provide additional protection measures such as temporary emergency custody of any children and eviction of the offender from a shared residence .
Can Criminal Trespass accompany the stalking charge?
Yes, Criminal Trespass is often charged as a companion crime to a Stalking charge if the offender is found to have violated a protection order.
Who can file a protection order?
Under Colorado law, anyone can file a protection order, however, the judge must deem the situation appropriate before they grant the order. Often, Courts require that a victim exhausts all other forms of assistance before they will consider issuing a protection order.
How long will my protection order last?
Protection orders are generally temporary or permanent. Temporary orders can last up to 14 days while a case is reviewed. Permanent injunctions can be issued after a hearing if the judge deems it appropriate. Permanent injunctions can be extended indefinitely.