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Colorado Stalking Laws

Some attention can feel flattering, but there can be a point where it starts to feel threatening or dangerous. In those unfortunate instances, the Rocky Mountain State has laws intended to prevent, or at least punish, would-be stalkers. Here is a brief summary of stalking laws in Colorado.

Stalking Statutes in Colorado

Many states have laws regarding stalking, although they can differ in terms of how they are obtained and enforced. The following chart outlines Colorado’s anti-stalking statutes.

Code Section

COLO. REV. STAT. §18-9-111: Harassment

Stalking Defined as

If directly or indirectly through another person knowingly (1) makes a credible threat to another person and, in connection with such threat, repeatedly follows person or person's immediate family or someone with whom that person has or has had a continuing relationship or (2) makes credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or person's immediate family, that would cause a reasonable person to suffer serious emotional distress and does cause that distress (18-9-111(b)) whether or not a conversation ensues or (3) repeatedly follows, approaches, contacts, places under surveillance or makes any form of communication with another person or person's family

Punishment/Classification

First offense is a Class 5 Felony. (18-9-111(5)(a)); if at time of first offense there is a temporary or permanent restraining order, injunction, or other court order: Class 4 Felony

Penalty for Repeat Offense

If within 7 years of date of prior offense for which person was convicted: Class 4 Felony (18-9-111(5)(a.5))

Arrest or Restraining Order Specifically Authorized by Statute?

-

Constitutionally Protected Activities Exempted?

No

In the most common understanding, stalking is the unwanted pursuit of another person, from following a person to work or showing up at a person's home to making harassing phone calls or leaving written messages or other objects. In some cases, vandalizing a person's property can fall under Colorado’s harassment statute, which criminalizes most stalking actions. Many targets of stalking were once in romantic relationships with their stalkers and many stalking victims have been, or may be, victims of domestic violence as well. If you find yourself in this situation, Colorado offers protective orders that can help protect you from stalkers and domestic abusers.

Related Resources for Stalking Laws:

Being stalked can be a frightening experience, and figuring out the legal process surrounding stalking can feel daunting. If you would like legal assistance with a possible stalking case or filing a protective order, you can contact an experienced Colorado criminal law attorney. You can also visit FindLaw’s sections on Criminal Charges and Domestic Violence for more articles and information on this topic.

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