CRS § 18-9-306.5 is the Colorado law that makes it a crime to obstruct telephone or telegraph service knowingly. As a class 1 misdemeanor, obstructing a telephone or telegraph service carries up to 364 days in jail and/or up to $1,000 in fines.
The language of the statute reads:
(1) A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.
(2) Obstruction of telephone or telegraph service is a class 1 misdemeanor.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What is obstruction of telephone service?
- 2. What is a class 1 misdemeanor in Colorado?
- 3. How do I fight CRS 18-9-306.5 charges?
- 4. Can I get the criminal record sealed?
CRS 18-9-306.5 makes it a Colorado crime to obstruct a telephone communication.
1. What is obstruction of telephone service?
The Colorado criminal offense of obstructing telephone or telegraph service is knowingly interfering with any communication sent by a telegraph- or telephone- :
- line,
- wire,
- cable,
- facility,
- cordless device,
- wireless device,
- electronic device,
- mechanical device, or
- other device1
Examples of obstruction of telephone or telegraph service include:
- taking a phone out of someone’s hand who is trying to make a call;
- disabling a cell phone;
- cutting a telephone line to another person’s home;
- damaging a line on a telephone pole; or
- jamming a cell signal
In many cases, people’s phone obstruction criminal charges stem from domestic violence disputes between people in current or former intimate relationships:
Example: Joni and her boyfriend Larry are fighting in their Denver home. Joni starts calling 911 on her phone. Larry grabs the phone from Joni and throws it on the floor. Here, Larry faces Colorado charges for not only third-degree assault (CRS 18-3-204) but also obstruction of telephone services by impeding Joni from making a call.2
An obstruction of a telephone service charge is class 1 misdemeanor in Colorado.3
Many phone obstruction charges stem from domestic violence incidents in Colorado.
2. What is a class 1 misdemeanor in Colorado?
A class 1 misdemeanor is the most serious category of misdemeanor in Colorado. As a class 1 misdemeanor, obstruction of telephone or telegraph services is punishable by:
- Up to 364 days in jail, and/or
- Up to $1,000 in fines
Courts may grant probation in lieu of incarceration. (Class 1 misdemeanors are one rung less serious than class 6 felonies in Colorado.)4
If a phone obstruction case involves domestic violence, there are additional consequences:
- the initial arrest triggers a restraining order that remains active during the case;
- if the defendant is convicted, the court may require him or her to be evaluated and take a domestic violence treatment program; and
- depending on the case, the protection order could be extended following a conviction.
Note that violating a protective order (CRS 18-6-803.5) is usually also a class 1 misdemeanor. The sentence is:
- Up to 364 days in jail, and/or
- Up to $1,000 in fines5
3. How do I fight CRS 18-9-306.5 charges?
Five potential defenses to Colorado obstruction of telephone service charges are to show that:
- The defendant did not act knowingly, and the incident was an innocent accident;
- Nothing the defendant did actually delayed, obstructed, or prevented a telecommunication;
- The defendant was falsely accused or misidentified;
- The defendant was entrapped by a law enforcement officer; and/or
- The police officers found the evidence through an illegal search and seizure.
Prosecutors have the burden to prove guilt beyond a reasonable doubt. If the defense attorney can show the district attorney that its evidence is insufficient to sustain a conviction, the D.A. may be willing to reduce the charge through a plea bargain or dismiss the case.
4. Can I get the criminal record sealed?
Yes. Colorado convictions for obstructing telephone or telegraph services are sealable three years after the case ends. But if the charge gets dismissed, then the defendant can petition for a record seal immediately.6
Learn how to get a criminal record seal in Colorado.
Call our criminal law firm for legal advice. Our criminal defense lawyers are here for you.
Colorado Legal Defense Group has law offices in Denver County, Greeley, and Colorado Springs. And we practice throughout the state of Colorado, including Jefferson County, Westminster, Arapahoe County, El Paso County, Douglas County, Greeley, and more.
Our practice areas include all criminal offenses, from sex crimes (including sexual assault), tampering, and perjury to second-degree assault, child abuse and DUI.
See our related articles on criminal mischief (CRS 18-4-501), embezzlement of public property (CRS 18-8-407 ), and wiretapping (CRS 18-9-303).
Legal References
- CRS 18-9-306.5.
- CRS 18-6-800.3; CRS 18-6-803.7; CRS 18-6-801(3).
- See note 1.
- See note 1. CRS 18-1.3-501. Prior to March 1, 2022, penalties were six to 18 months in jail and/or $500 to $5,000 in fines. SB21-271.
- CRS 18-6-803.5. See also People v. Heisler, (Court of Appeals of Colorado, Division Five, 2017) COA 58, 488 P.3d 176. See also People v. Trujillo, (Court of Appeals of Colorado, Division Five, 2019) COA 74, 487 P.3d 1051.
- CRS 24-72-701-708.