Harassment by Colorado state law is committed when a person intentionally annoys another by harassing or causing undue alarm to another by using physical force. Calling or texting another repeatedly intending to harass or annoy or alarm can also result in criminal charges including harassment. CRS 18.9.111
It’s important to remember that a criminal charge of harassment is a serious crime and one that can be charged a variety of ways depending on the jurisdiction. It may be combined with domestic violence or other criminal activity. Only an experienced municipal court criminal defense attorney knows whether the charges brought by the prosecutor are the appropriate ones and whether the charges can be proven. You need an experienced trial lawyer to protect your rights.
Denver’s municipal courts have their own ordinances defining harassment. For example, Denver Municipal Code reads:
Sec. 38-92. Threats.
(a)It shall be unlawful for any person knowingly to make, convey or cause to be imparted or conveyed, in any manner or by any means, to any other person, any threat concerning an attempt or alleged attempt being made, or to be made, to injure or to kill any person, or to damage or to destroy any property.
(b)It shall be unlawful for any person knowingly to convey, or cause to be imparted or conveyed, in any manner or by any means, to any other person, any false information with knowledge of the falsity thereof, concerning an attempt or alleged attempt being made, or to be made, to injure or to kill any person, or to damage or to destroy any property.
Sec. 38-93. Assault
It shall be unlawful for any person to intentionally or recklessly assault, beat, strike, fight or inflict violence on any other person.
While Aurora, Denver’s neighbor, has its own municipal ordinance which reads:
Sec. 94-42. – Harassment.
(a)It shall be unlawful to commit harassment. A person commits harassment if, with intent to harass, threaten or abuse another person, that person:
(1)Strikes, shoves, kicks, or otherwise touches a person or directly or indirectly subjects him or her to harmful, painful or offensive contact.
(2)In a public place directs obscene language or makes an obscene gesture to or at another person.
(3)Follows a person in or about a public place.
(4)Initiates communication with a person, anonymously or otherwise, in a manner intended to harass or threaten bodily harm or property damage, or makes any comment, request, suggestion, or proposal which is obscene.
(5)Initiates communication or makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation.
(6)Makes repeated communications at inconvenient hours that invade the privacy of another and interferes with the use and enjoyment of another’s home or private residence or other private property.
(7)Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.
(8)Delivers or causes delivery of written, printed, or graphic material or any object that in fact harasses another person or threatens bodily injury or property damage to or against another person.
(b)As used in this section, unless the context otherwise requires, the term “obscene” means …………… functions. Any act prohibited by subsection (a)(5) 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.
(C)The term communication(s), as used in this section shall include, but not be limited to, verbal contact or the use of telephonic, cellular, digital, audio, computer or other similar technology.
Stay calm and quiet. Call me, Colorado Criminal Harassment Defense Attorney, Philip M. Smith, 303-333-8900 for a free no obligation consultation today.