What is Vonnie’s Law and how does it apply in Colorado?

Posted on August 13, 2020

Vonnie’s Law refers to the recent state law overhaul of Colorado’s stalking statute under CRS 18-3-602. Now, suspects arrested for stalking must go before a judge prior to posting bail. This may take several days. And during this wait, the suspects remain behind bars – far away from their victims.

Who is Vonnie?

In 2010, Vonnie Flores was shot and killed by her stalker of five years. Earlier she had reported him, resulting in his arrest for violating a court order of protection. But he was able to bail out of jail after only three hours. Shortly afterward, he shot Vonnie and committed suicide.

Vonnie’s sister lobbied to strengthen the state’s stalking laws. Perhaps Vonnie would never have died had different procedures been in place that afforded added protections to stalking victims. Eventually, Vonnie’s sister and other victim advocates succeeded in getting Vonnie’s Law passed though the state general assembly and changing Colorado criminal law.

What is the legal definition of stalking in Colorado?

There are three types of behavior that qualify as the crime of stalking under Colorado law.

1. Making a credible threat to the victim and repeatedly following, contacting, or surveilling that person, a member of that person’s immediate family, or someone that person has or has had a continuing relationship with; or
2.  Making a credible threat to the victim and repeatedly communicating with that person, his/her immediate family, or someone that person has or has had a continuing relationship with, regardless of whether a conversation ensues; or
3.  Repeatedly following, approaching, contacting, surveilling, or communicating with the victim, his/her immediate family, or someone that person has or has had a continuing relationship with. The stalker’s manner would cause a reasonable person to suffer serious emotional distress. And it does actually cause that person, his/her immediate family, or someone that person has or has had a continuing relationship with to suffer serious emotional distress. (The victim need not show he/she received professional treatment or counseling to show that he/she suffered serious emotional distress.)

“Immediate family members” under the Colorado Revised Statutes include the person’s parents, grandparents, siblings, or children, as well as the person’s spouse.

A “credible threat” means a threat, action, or repeated conduct that would cause a reasonable person to fear for his/her safety or the safety of his/her immediate family or of someone the person has or has had a continuing relationship with. This threat does not need to be directly expressed or a physical action as long as the totality of the conduct would cause a reasonable person to be in such fear of the person’s safety.

And the stalking can take any form of communication, including speaking in person to the alleged victim, phone calls, or social media messages.

Before Vonnie’s law, there was less of a distinction between the Colorado laws for stalking and harassment. Now, disturbing behavior that use to pass for harassment requires the district attorney of the applicable judicial district to press stalking charges, which carries more severe penalties than harassment does.

How does Vonnie’s Law change bail procedures?

Before Vonnie’s law, stalking arrestees could bail out as soon as they were booked. Now, stalking defendants have to go before a judge prior to bonding out. During this court hearing, the defendant has to sign the mandatory protective order in the judge’s presence. Since stalking suspects must see a judge to acknowledge the restraining order before they can bail out, they have to wait in jail longer than they would otherwise.

What are Colorado stalking penalties?

A first time offense of stalking is a Colorado class 5 felony. As an extraordinary risk crime, the sentence is:

• 1-5 years in prison (with mandatory 2-year parole), and/or
• A fine of $1,000-$100,000.

A second or subsequent offense (within 7 years) is a Colorado class 4 felony. The punishment is:

• 2-10 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000-$500,000.

Meanwhile, stalking in violation of an outstanding protection order – or a condition of parole or probation – is a class 4 felony, even if it is a first offense. The penalties are:

• 2-10 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000-$500,000.

And any sentence for the violation of the court order will be served consecutively with the stalking sentence, not concurrently.

Unlike harassment, a stalking criminal case is never a misdemeanor.

How can defendants fight stalking charges?

There are various strategies criminal defense lawyers can use to show prosecutors have insufficient evidence to prove guilt beyond a reasonable doubt. These include arguing that:

• The victim did not threaten anyone;
• The victim suffered no emotional distress;
• The defendant contacted the victim only once;
• A reasonable person would not have taken the defendant’s actions seriously; or
• Law enforcement committed misconduct, such as executing an illegal search.

Common evidence criminal defense attorneys rely on include eyewitnesses, video, and recorded communications.