“Menacing” – Colorado Laws & Penalties – CRS § 18-3-206

Colorado Revised Statute § 18-3-206 makes it a crime to commit menacing, which is knowingly using threats or actions to place another person in fear of imminent serious bodily injury or death. An example is holding up your fist to someone’s face in anger.

Menacing is typically a class 1 misdemeanor, carrying up to 364 days in jail and/or $1,000 in fines. However, menacing becomes a class 5 felony if you use a real or simulated firearm, knife, or bludgeon. The penalties are:

• 1 to 3 years in prison (plus 2 years of parole) and/or
• $1,000 to $100,000.

If a bodily injury occurs, then you would instead face charges of assault.

Below, our Denver, Colorado criminal defense attorneys discuss the following topics regarding menacing laws:

• 1. Elements of CRS 18-3-206
• 2. Defenses
• 3. Federal Law
• 4. Assault vs. Menacing
• 5. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of CRS 18-3-206

For you to be convicted of menacing in Colorado, prosecutors must prove beyond a reasonable doubt that you used threats or physical actions to knowingly place – or attempt to place – another person in fear of imminent serious bodily injury.

“Serious bodily injury” means bodily injury that, either at the time of the actual injury or at a later time, involves:

• substantial risk of death,
• a substantial risk of serious permanent disfigurement,
• a substantial risk of protracted loss or impairment of the function of any part or organ of the body,
• or breaks, fractures, or
• burns of the second or third degree.¹

Key Element: “Knowingly”

Menacing’s key element is that you knowingly placed or attempted to place another person in fear of imminent serious bodily injury.

It does not matter whether you actually intended to cause fear. Simply being aware that the other person would be placed in fear of imminent serious bodily injury is enough to satisfy the requirement.²

The prosecutor does not even need to prove that the victim was actually afraid. All that is necessary is that you were aware that your conduct was practically certain to cause fear.³

Conversely, that the alleged victim was afraid does not prove you were aware that your actions would put them in fear. The alleged victim’s reaction is simply one element for a jury to consider in deciding whether you had the requisite intent to place the victim in fear.⁴

Violating CRS 18-3-206 can be a felony or a misdemeanor in Colorado.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of violent crimes such as menacing. In our experience, the following three defenses have proven very effective with judges, juries, and prosecutors at getting CRS 18-3-206 charges reduced or dismissed.

1) Your Statements and Actions Were Not Threats.

As long as your words and actions could not reasonably be taken as threats to cause serious bodily injury, no menacing occurred. This is a powerful defense because words and actions can be very subjective, and the alleged victim’s fears may have been unreasonable.

2) There Was No Gun, Knife, or Bludgeon.

Depending on the facts of your case, this defense could get a felony charge reduced down to a misdemeanor or dismissed outright. The evidence we rely on to show you did not use or simulate a deadly weapon includes video surveillance footage and eyewitness accounts.

3) You Acted in Self-Defense.

Menacing someone is justifiable self-defense under Colorado law if it was a proportional response to the aggressor’s threats or violence.⁵

Example: A homeless man threatens to punch Max if he does not give him his wallet. Max then holds up his fists to the homeless man and says he will punch him if he does not go away right now. Here, Max was acting in reasonable self-defense to prevent the homeless man from hurting him.

As with the last defense, we would rely on video surveillance footage and eyewitness accounts as evidence that you acted as any reasonable person would in the same situation.

Defendants often face charges for menacing as well as domestic violence.

3. Federal Law

The federal crime that comes closest to menacing involves transmitting a threatening communication in interstate or foreign commerce. Examples include:

• Mailing a threat to someone in another state,
• Emailing a threat to someone in another state,
• Posting a threat on social media (Facebook, X, Instagram, etc), or
• Threatening someone in another state over the phone.

Penalties include heavy fines and federal prison sentences of:

• Up to 20 years if the threat includes a ransom or reward demand;
• Up to 20 years if the communication includes threatened kidnapping with an extortion attempt;
• Up to 5 years for a threat to kidnap or injure someone; or
• Up to 2 years for the attempt to extort someone by threatening to injure someone’s property or reputation.⁶

Menacing is a felony if guns, knives, or bludgeons are involved.

4. Assault vs. Menacing

In Colorado, menacing is putting someone in fear of imminent bodily harm. Assault is actually inflicting that bodily harm by making physical contact.

Assault is divided into three degrees in Colorado depending on the severity of the case:

• First-degree assault (CRS 18-3-202): Deliberately causing serious injury with a deadly weapon.
• Second-degree assault (CRS 18-3-203): Deliberately causing serious injury with no deadly weapon.
• Third-degree assault (CRS 18-3-204): Negligently causing injury with a deadly weapon.

Penalties range from six months to 32 years behind bars.⁷

Menacing turns into assault if an injury occurs.

5. Related Offenses

Harassment

Harassment (CRS 18-9-111) is intentionally bothering, annoying, or alarming a person through repeated contact, obscene gestures, hitting, taunting, or following in public. A conviction is a misdemeanor or a petty offense depending on the case.

False Imprisonment

False imprisonment (CRS 18-3-303) is unlawfully detaining a person without their consent. An example is locking a person in a room. False imprisonment can be a misdemeanor or a felony depending on the seriousness of the case.

Stalking

Stalking (CRS 18-3-602) is harassing a person in a manner that involves a credible threat and repeated behavior, and the person is reasonably fearful or suffers emotional distress as a result. Stalking is always prosecuted as a felony.

Menacing in Colorado is placing another in apprehension of imminent bodily harm.

Frequently Asked Questions

What is the difference between menacing and assault in Colorado?

Menacing is putting someone in fear of immediate serious bodily harm through threats or actions, while assault involves actually making physical contact and causing bodily harm. If you threaten someone or make them afraid you will hurt them, that is menacing. If you actually touch or injure them, that becomes assault.

When does menacing become a felony instead of a misdemeanor?

Menacing becomes a class 5 felony if you use or pretend to use a firearm, knife, or bludgeon (club-like weapon). A regular menacing charge is a class 1 misdemeanor with up to 364 days in jail, but using a weapon can result in one to three years in prison and fines up to $100,000.

Do I have to actually scare someone to be convicted of menacing?

No, the victim does not have to be actually afraid. The law only requires that you knowingly acted in a way that would place someone in fear of serious bodily injury. If you were aware your actions would likely scare someone, that is enough for a menacing conviction, even if the person was not actually frightened.

Can I claim self-defense if I am charged with menacing?

Yes, self-defense can be a valid defense for Colorado menacing charges if your threatening behavior was a reasonable response to someone else’s threats or violence. For example, if someone threatens to hurt you and you raise your fists in response, that could be justified self-defense rather than menacing.

Additional Resources

If you are a crime victim, you may be eligible for assistance. Refer to the following for more information:

• Colorado Division of Criminal Justice – how to get crime victim compensation.
• Colorado Attorney General – how to get victim assistance.
• Colorado Organization for Victim Assistance (COVA) – crime victim emergency funding.
• Office for Victims of Crime – help for crime victims in Colorado.
• U.S. Department of Justice – help and information for crime victims.

See our related articles on domestic violence, domestic violence assault, violating restraining orders, and What’s the difference between assault and menacing in Colorado?

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