“Harassment” Laws & Penalties in Colorado – C.R.S. § 18-9-111

Colorado Revised Statute § 18-9-111 C.R.S. makes harassment a crime you can go to jail for. You commit harassment by intentionally bothering, annoying, or alarming someone through repeated contact, obscene gestures, hitting, taunting, or following in public.

Depending on the case, harassment in Colorado can be a petty offense or a misdemeanor carrying up to 364 days behind bars. However, it is often possible to get probation instead of incarceration.

Examples of violating Colorado harassment laws include:

• Spitting on someone else,
• Calling a person repeatedly and then hanging up,
• Following someone closely for several blocks,
• Sending threatening text messages, or
• Repeatedly insulting someone to egg that person on to fight.

In the article below, our Denver criminal defense lawyers will address the following key issues regarding Colorado harassment laws:

• 1. Elements of C.R.S. 18-9-111
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• 5. Cyberbullying
• 6. Stalking
• 7. Workplace Harassment
• 8. Sexual Harassment
• 9. Accused of Harassment?
• Frequently Asked Questions
• Additional Reading
• Help for Victims

1. Elements of C.R.S. 18-9-111

For you to be convicted of harassment in Colorado, prosecutors have to prove beyond a reasonable doubt two elements.

The first element is that you intended to harass, annoy, or alarm another person (the victim). The second element is that you took one of the following eight actions:

1. Struck, shoved, kicked, or subjected the victim to physical contact; or
2. Made an obscene gesture or remark to the victim in public; or
3. Followed the victim in a public place; or
4. Called the victim repeatedly for no legitimate purpose; or
5. Initiated communication repeatedly at inconvenient hours that invaded the victim’s privacy; or
6. Repeatedly taunted the victim in a way likely to provoke an unlawful response (“fighting words”); or
7. Made obscene or threatening comments over the phone or internet (“cyberbullying”); or
8. Wrongfully interfered with a transit worker performing a lawful duty.¹

Note you can be charged with harassment over the telephone even for phone calls you receive. Examples include sexually harassing a bill collector or blowing an air horn into the mouthpiece when a telemarketer calls you.

In sum, it does not matter whether the harassing behavior is “direct” (involving physical contact with the victim) or “indirect” (where no touching occurs). What matters is that you are intentionally disturbing the victim’s reasonable expectations of peace and quiet against their will.

Example: 18-year-old Jeffrey is the high-school bully. One day he:

• throws Tom against the lockers,
• pantomimes having sex to Jennifer,
• makes 20 telephone calls with obscene language to Victoria,
• follows Noah all the way home just to make him nervous,
• texts Avery all through the night while she should be asleep,
• persistently calls Henry the R-word at school to taunt him, and
• through instant message threatens to beat up Zack the next day during lunch.

Each of these actions qualifies as harassment under the criteria spelled out in C.R.S. 18-9-111.

Cyberbullying is generally a misdemeanor under Colorado law.

2. Penalties

The punishment for violating Colorado harassment laws turns on the specific scenario.

The least serious form of harassment is directing obscene language or making an obscene gesture to or at the victim in a public place. This is just a petty offense carrying up to 10 days in jail and/or $300 in fines.

The most serious form of harassment is following the victim in a public place, unlawfully touching the victim, or wrongfully interfering with a transit worker performing a lawful duty. This is a class 1 misdemeanor carrying up to 364 days in jail and/or $1,000 in fines.

All other forms of harassment are prosecuted as a class 2 misdemeanor, which carries up to 120 days in jail and/or $750 in fines.

Discrimination-Based Harassment

In Colorado, any form of harassment is automatically prosecuted as a class 1 misdemeanor if you intended to intimidate or harass the victim due to their actual or perceived:

• race,
• color,
• religion,
• ancestry,
• national origin,
• physical or mental disability,
• sexual orientation, or
• or transgender identity.

As a class 1 misdemeanor, harassment based on prejudice or bias carries up to 364 days in jail and/or $1,000 in fines.

Domestic Violence Harassment

The above penalties all apply to Colorado cases of domestic violence harassment, which is harassment between past or present spouses, lovers, or co-parents.

Note that anytime you are charged with a domestic violence-related crime, the court will issue a protection order against you. Violating restraining orders is its own separate crime, so be sure to follow the rules.²

Harassment victims can bring civil lawsuits against the alleged harasser, especially if there is bodily injury or property damage.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with harassment. In our experience, the following nine defenses have proven very effective with district attorneys and judges at getting C.R.S. 18-9-111 charges dismissed through negotiation or a trial.

1. You had no intent to harass, annoy, or alarm anyone. We find this is the strongest defense because prosecutors have no way of getting inside your head to prove what you were thinking.
2. You were falsely accused by the victim or someone else. We can often find the accuser’s motivations to lie by poring over their text messages, voicemails, etc.
3. The victim consented to your behavior. This is another defense where the victim’s text messages, voicemails, etc., may provide proof that they asked for or agreed to your behavior.
4. Your actions and words fell short of harassment. Unpleasant, rude, or offensive behaviors are not criminal harassment if they fall outside of the statute’s definition.
5. The victim misidentified you as the real harasser. In these cases, we rely on such evidence as GPS records, video surveillance footage, and eyewitnesses.
6. You did not touch or threaten anyone. These cases often come down to “he said/she said” scenarios, and prosecutors may not have sufficient evidence to prove guilt beyond a reasonable doubt.
7. The victim had no reasonable expectation of privacy. Even if the victim felt harassed, you committed no crime if we can show the victim’s expectation of privacy was unreasonable.
8. You acted in reasonable self-defense. As long as you fight back with proportional force in self-defense or defense of others, your physical actions are not criminal harassment.³
9. The First Amendment protected your actions. Examples we often see are taking part in a lawful protest or making a consumer complaint.

Note that free speech crosses the line to criminal harassment when the victim reasonably expects to be left alone. As the Colorado Supreme Court explained:

“The … offense is the thrusting of an offensive and unwanted communication on one who cannot ignore it.”⁴

Example: Jeremy stands on the street in front of his ex-girlfriend’s house and yells for hours. This is not free speech because his girlfriend has a reasonable expectation of privacy in her home, and his yelling intruded on her ability to enjoy her private property. He could be charged with violating Colorado harassment laws.

Harassment is a broad offense that can occur in person or online, through words or actions.

4. Record Seals

If you get convicted of harassment in Colorado, there is a waiting period before you can ask the court to seal your criminal record. The wait time depends on your case:

• Class 1 misdemeanor conviction:  3 years after the case closes.
• Class 2 misdemeanor conviction:  2 years after the case closes.
• Petty offense conviction:  1 year after the case closes.

If your harassment charge gets dismissed, then there is no wait: You can petition for a record seal immediately.

You are strongly advised to seek a record seal as soon as you are eligible. Having a clear background check greatly increases your employment, housing, and educational prospects.⁵

Many harassers block their caller ID in an effort to get the victim to answer the call.

5. Cyberbullying

As mentioned in section 1, cyberbullying is prohibited in Colorado by C.R.S. 18-9-111(3). This relatively recent statute section is also called Kiana Arellano’s law.

In 2013, Kiana Arellano was a high school sophomore who tried to hang herself after being bullied online by her classmates. The lack of oxygen left her brain-damaged, paraplegic, and without the ability to talk.

At the time, there was no Colorado harassment law criminalizing the making of obscene or threatening comments over the phone or online. To address this, the state legislature passed Kiana Arellano’s Law, which took effect in July of 2015.⁶

As discussed in section 2, cyberbullying is typically a class 2 misdemeanor that carries up to 120 days in jail and/or $750. Though if it is done as a hate crime based on the victim’s protected characteristics (such as race), cyberbullying becomes a class 1 misdemeanor carrying up to 364 days in jail and/or $1,000.

6. Stalking

In Colorado, stalking is a more serious and specific crime than harassment. Stalking occurs when you:

1. make a credible threat against the victim and
2. engage in repeated behavior, such as contacting or following the victim.

Stalking is a felony and extraordinary risk crime punishable by up to four years in prison and $100,000 in fines. In some cases, stalking charges can be reduced to harassment as part of a plea bargain.⁷

C.R.S. 18-9-111 prohibits physical, verbal, and online harassment if done with the intent to annoy or cause fear.

7. Workplace Harassment

Cases of hostile work environments are typically litigated through civil lawsuits when the alleged harasser’s words or actions thwart an employee’s ability to do their work. However, we often see alleged workplace harassers face C.R.S. 18-9-111 charges as well, especially if the accusations involve:

• objects being thrown at the accuser,
• recurrent derogatory remarks,
• deeply inappropriate jokes, and/or
• biased actions based on the accuser’s immutable characteristics or protected class membership.

8. Sexual Harassment

In Colorado, sexual harassment in the workplace comes in two forms:

1. Quid pro quo sexual harassment, where a supervisor conditions a job benefit (such as a promotion) on the employee performing sexual favors; or
2. Hostile work environment sexual harassment, where any person in the workplace inhibits the employee’s ability to work due to sexual comments, actions, or advances.

Depending on the facts of the case, workplace sexual harassment can qualify as criminal harassment under C.R.S. 18-9-111. Though if you specifically get accused of unwanted sexual touching, you could also face charges for unlawful sexual contact.

Unlawful sexual contact is usually an extraordinary risk class 1 misdemeanor carrying up to 18 months in jail and/or $1,000 in fines. Plus you have to register as a Colorado sex offender.

Defendants often face charges for both harassment and stalking.

9. Accused of Harassment?

If you have been accused of criminal harassment in Colorado, take the following five steps:

1. Exercise your Fifth Amendment right to remain silent. Even if police and detectives sound like they want to help, they will use anything you say against you.
2. Do not contact the alleged victim. Even if you are concerned for their well-being, do not reach out. Any communications you make can be used against you.
3. Compile all relevant evidence. Common examples include videos, text messages, emails, voicemails, and social media posts of or by the accuser. Also write down any witnesses who can vouch for you.
4. Post nothing on social media. Even posts unrelated to the accusation can be used against you, so remain inactive online for as long as your case remains open.
5. Contact us. Our Colorado criminal defense attorneys have a long track record of fighting – and winning harassment cases. Most of the time we can persuade prosecutors to lessen or drop the charges based on weak evidence or police misconduct; but if necessary, we are ready to take your matter to a jury in pursuit of a full acquittal.

Frequently Asked Questions

What is the difference between harassment and stalking in Colorado?

Harassment is intentionally bothering, annoying, or alarming someone through repeated contact or actions. Stalking is more serious and requires making a credible threat against someone while repeatedly contacting or following them.

Stalking is a felony with up to four years in prison, while harassment is typically a misdemeanor with up to 364 days in jail.

How long do I have to wait to seal my harassment conviction record?

The waiting period depends on your conviction level: One year for petty offense convictions, two years for class 2 misdemeanor convictions, and three years for class 1 misdemeanor convictions.

If your charges were dismissed, you can petition to seal your record immediately with no waiting period.

Can I be charged with harassment for something I said online or over the phone?

Yes, Colorado’s “Kiana Arellano’s Law” makes cyberbullying a form of harassment. You can be charged for making obscene or threatening comments online, through text messages, or over the phone.

You can also be charged for repeatedly calling someone with no legitimate purpose, even if you hang up each time.

What happens if I am convicted of domestic violence harassment?

Domestic violence harassment carries the same penalties as regular harassment, but the court will automatically issue a protection order against you. Violating this restraining order is a separate crime.

Domestic violence harassment applies to cases between current or former spouses, romantic partners, or people who share children.

A 2025 change to C.R.S. 18-9-111 now makes it a form of harassment to wrongfully interfere with a transit worker performing a lawful duty.

Additional Reading

For more in-depth information, our criminal defense attorneys suggest you refer to these scholarly articles:

• Where Do We Draw the Line between Harassment and Free Speech: An Analysis of Hunter Harassment Law – Animal Law.
• Identifying Stalking: The Relevance of Intent in Commonsense Reasoning – Law and Human Behavior.
• Unregulating Online Harassment – Denver University Law Review.
• Cyber Harassment: Its Forms and Perpetrators – Law Enforcement Technology.
• Hacking and Harassment—Do They Have Something in Common? Comparing Risk Factors for Online Victimization – Journal of Contemporary Criminal Justice.

See our related article Colorado’s Harassment Statute – What You Need To Know.

Help for Victims

If you are the victim of criminal harassment in Colorado, first go someplace safe or dial 911 if it is an emergency. If you were sexually assaulted, you can contact the National Sexual Assault Hotline. Then consult with a lawyer to discuss your options, which may include filing a police report and/or pursuing a civil lawsuit.

In the meantime, be sure to gather all the relevant evidence of your harassment (such as any DMs, work emails, etc.). Also document every instance of harassment with the date, time of day, precise location, people involved, and any witnesses.

In cases of workplace harassment, the matter may be resolved by following your employer’s internal procedures. This usually requires you to contact human resources or to file a formal complaint.

Otherwise, a labor law attorney can help you seek criminal charges and/or civil remedies. If your harassment was based on a protected characteristic, you may also have a claim under Colorado’s Anti-Discrimination Act.

Note that federal law and Colorado law protect you from being fired or otherwise retaliated against for reporting workplace harassment. Learn more at the U.S. Equal Employment Opportunity Commission website.

Legal References: