What is Harassment?

• Harassment is when a person, with the intent to harass, annoy, or alarm:

  • Strikes, shoves, or kicks another person, including other forms of unwanted contact; or

  • Curses at another person in public; or

  • Follows a person in a public place; or

  • Communicates indirectly or directly with another person in an obscene way; or

  • Repeatedly calls, texts, or otherwise contacts another person; or

  • Repeatedly makes unwanted communications with another person at inconvenient hours; or

  • Repeatedly taunts, insults, or curses at another person in a manner which causes a fight (fighting words).

• Harassment may be charged as a Petty Offense, a Class 2 Misdemeanor, or even as high as a Class 1 Misdemeanor, which carries a penalty of up to 364 days in jail, and a fine of up to $1,000.

C.R.S. 18-9-111 - Harassment

(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or

(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or

(c) Follows a person in or about a public place; or

(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or

(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or

(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

(1.5) As used in this section, unless the context otherwise requires, ”obscene“ means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.

(2)

(a) A person who violates subsection (1)(a) or (1)(c) of this section or violates any provision of subsection (1) of this section with the intent to intimidate or harass another person, in whole or in part, because of that person’s actual or perceived race; color; religion; ancestry; national origin; physical or mental disability, as defined in section 18-9-121; sexual orientation, as defined in section 18-9-121; or transgender identity commits a class 1 misdemeanor.

(b) A person who violates subsection (1)(e), (1)(f), (1)(g), or (1)(h) of this section commits a class 2 misdemeanor.

(c) A person who violates subsection (1)(b) of this section commits a petty offense.