Question 1

What is the legal definition of harassment in Colorado?

Accepted Answer

Harassment has two elements (requirements). The first is that the defendant intends to harass, annoy, or alarm another person (the victim). The second element is that the defendant takes one of the following seven actions: 1) Strikes, shoves, kicks, or subjects the victim to physical contact. 2) Makes an obscene gesture or remark to the victim in public. 3) Follows the victim in a public place. 4) Calls the victim repeatedly for no legitimate purpose. 5) Contacting the victim repeatedly at inconvenient hours that invade the victim's privacy. This can be in person or over the phone, a computer network, a computer system, electronic mail, or any electronic communication. 6) Repeatedly taunting the victim in a way likely to provoke an unlawful response (fighting words). 7) Making obscene or threatening comments over the phone or internet (cyber-bullying). Therefore, harassment is a broad offense that can take place in person or online, through words or by actions. Example: 18-year-old Jeffrey is the high-school bully. One day he throws Tom against the lockers. Later he pantomimes having sex to Jennifer. He makes 20 telephone calls with obscene language to Victoria. He follows Seymour all the way home just to make him nervous. He texts Doris all through the night while she should be asleep. He keeps calling Henry the R-word at school to taunt him. And through instant message he threatens to beat up Zack the next day during lunch. Each of these actions qualifies as harassment under CRS 18-9-111. Telephone harassment typically occurs to calls the defendant makes. But it is possible to commit harassment to calls the defendant receives. Examples include blowing an air horn into the mouthpiece when a telemarketer calls, or sexually harassing a bill collector. Workplace sexual harassment is usually a civil rather than a criminal matter. But sometimes harassment involves unwanted sexual touching. Then the defendant can face charges for unlawful sexual contact (CRS 18-3-404).

Question 2

What are the penalties under CRS 18-9-111?

Accepted Answer

Harassment is typically a class 3 misdemeanor in Colorado. The punishment includes up to 6 months in jail, and/or a fine of $50 to $750. Alternatively, the judge may grant probation instead of jail. However, discriminatory-based harassment is a class 1 misdemeanor. This is harassment done because of someone's perceived race, color, religion, ancestry, national origin, sexual orientation, physical disability, or mental disability. The sentence includes 6 to 18 months in jail, and/or a fine of $500-$5,000. Note that it is common for harassment victims to get protection orders against their harassers. Violating restraining orders (CRS 18-6-803.5) is a crime in itself.

Question 3

What are common defenses?

Accepted Answer

Since harassment is such a broad crime, the best defense strategies turn on the specific facts of the charge. Depending on the case, five common defenses include arguing that: 1) The defendant had no intent to harass, annoy, or alarm anyone. 2) The defendant was falsely accused by the victim or someone else. 3) The victim misidentified the defendant as the real harasser. 4) The defendant did not touch or threaten anyone. Or 5) The victim had no reasonable expectation of privacy. Many harassment defendants argue that the First Amendment protects them. An example of protected free speech is protesting. Another is making consumer complaints. But free speech becomes harassment when the victim has a reasonable expectation of being left alone. As the Colorado Supreme Court noted: 'The ... offense is the thrusting of an offensive and unwanted communication on one who is unable to ignore it.' Example: Jeremy is angry Amber broke up with him. So he gets a megaphone. He stands on the street of her private residence. And he yells at her for hours. Finally a peace officer arrests him. Jeremy maintains he was exercising his constitutional rights. But he crossed the line into harassment. Amber has a reasonable expectation of privacy in her home. His yelling intruded on her ability to enjoy her private property. Jeremy in the above example would probably face charges for disorderly conduct (CRS 18-9-106) as well. Ultimately, most cases for harassment charges resolve without a trial. If the defense attorney can show the district attorney their case is weak, the charge could get reduced or dismissed.

Question 4

Is the record sealable?

Accepted Answer

Harassment convictions can be sealed from the defendant's criminal record in Colorado. But there is a waiting period. Class 1 misdemeanor convictions can be sealed three (3) years after the case ends. And class 3 misdemeanor convictions can be sealed two (2) years after the case ends. Note that if the case gets dismissed - meaning there is no conviction - then the defendant can pursue a record seal immediately. The record seal process itself can take several weeks. But everyone is advised to clear their record if possible. Not having a criminal record increases employment prospects.

Question 5

What is Kiana Arellano's law?

Accepted Answer

Kiana Arellano's law refers to CRS 18-9-111(3). This section prohibits cyber-bullying. Kiana's law comes from Kiana Arellano. In 2013, she was a high school sophomore. She was also a cheerleader. But classmates bullied her online. Kiana tried to hang herself. She survived. But the lack of oxygen left her paraplegic. It resulted in a severe brain injury. She has no ability to talk. At the time, Colorado had no law against cyber-bullying. So the state legislature passed Kiana Arellano's Law. It took effect in July of 2015.

1. What is the legal definition of harassment in Colorado?

2. What are the penalties under CRS 18-9-111?

3. What are common defenses?

4. Is the record sealable?

5. What is Kiana Arellano’s law?

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