Recently, three people were arrested for an alleged attack on an RTD bus driver in Denver. According to the new report, two women got on the bus and refused to pay the fare. The bus diver asked them to exit the bus, but they refused to do that too. Then, the two women began assaulting the bus driver, including hitting his head against the windshield and breaking the glass. A man joined in and was arrested, but later the charges against him were dropped. The women must have also made comments about the bus driver’s race, color, religion or another identifying factor, as they were both charged with Hate Crimes along with Endangering Public Transportation. In Fort Collins, Loveland, and Estes Park both Bias-Motivated Crimes and Endangering Public Transportation are felony charges.
Larimer County Endangering Public Transportation Lawyer: What is the Definition of Endangering Public Transportation and Utility Transmission?
The Colorado law definition of Endangering Public Transportation and Utility Transmission – C.R.S. 18-9-115 – is:
(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, nonfunction, theft, or unauthorized removal of material which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or
(b) Stops or boards a public conveyance with the intent of committing a crime thereon; or
(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or
(d) On a public conveyance:
(I) Knowingly or recklessly causes bodily injury to another person; or
(II) With criminal negligence causes bodily injury to another person by means of a deadly weapon.
(1.5) A person commits endangering utility transmission if such person tampers with a facility of utility transmission with intent to cause any damage, malfunction, nonfunction, theft, or unauthorized removal of material which would:
(a) Interrupt performance of utility transmission; or
(b) Result in a creation of a substantial risk of death or serious bodily injury to anyone.
As you can see, the definition for the different aspects of this crime is extremely long, but the part that would most likely apply to the women above is part (d)(I) ‘knowingly or recklessly causes bodily injury to another person.’ It wouldn’t matter if the person was the bus driver or another passenger, causing bodily injury to anyone on the public transportation would result in these charges. As a class 3 felony in Larimer, Boulder and Grand County, Endangering Public Transportation is punishable by 4 to 12 years in the Colorado Department of Corrections and up to $750,000 in fines.
Fort Collins Bias-Motivated Crimes Lawyer: What is the Definition of Hate Crimes?
The Colorado law definition of Bias-Motivated Crimes – C.R.S. 18-9-121 – is:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person’s property and such words or conduct are likely to produce bodily injury to that person or damage to that person’s property; or
(c) Knowingly causes damage to or destruction of the property of another person.
If it can be proven that part or all of the intent behind the women’s alleged attack on the bus driver was based on the bus driver’s race, color, religion, ancestry, national origin, physical or mental disability or sexual orientation, then Bias Motivated Crime could apply. Based on the women’s situation, the type of Hate Crime they would be facing is a class 4 felony, as they caused bodily injury and there were two people committing the act together, aggravating the felony level in this case. A class 4 felony is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines.