Lately, I have been seeing several news stories related to hazing. It is an issue college campuses, like Colorado State University in Fort Collins, or the University of Northern Colorado, in Greeley, have been dealing with for years. This conduct occurs especially in sororities and fraternities. Some of these rituals seem to have spread to high school campuses as well. I just read a story about two high school boys on the football team hazing their teammates to the point where a broken piece of glass was involved and a felony was charged. Most of the time, when Hazing is brought to law enforcement’s attention, the actions of the ‘hazer’ meet the elements of a criminal statute, like Assault, Menacing, or Harassment. However, Colorado lawmakers have written a special statute for Hazing to cover any actions that might not meet the standards of another statute, but are still considered Hazing. Let’s take a look at this statute.
Larimer County Hazing Lawyer: What is the Definition of This Crime?
The Colorado law definition of Hazing – C.R.S. 18-9-124 – is: (a) “Hazing” means any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization; except that “hazing” does not include customary athletic events or other similar contests or competitions, or authorized training activities conducted by members of the armed forces of the state of Colorado or the United States.
(b) In enacting this section, it is not the intent of the general assembly to change the penalty for any activity that is covered by any other criminal statute. It is rather the intent of the general assembly to define hazing activities not covered by any other criminal statute.
(2) As used in this section, unless the context otherwise requires:
(b) “Hazing” includes but is not limited to:
(I) Forced and prolonged physical activity;
(II) Forced consumption of any food, beverage, medication or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption or forced consumption of any substance not generally intended for human consumption;
(III) Prolonged deprivation of sleep, food, or drink.
(3) It shall be unlawful for any person to engage in hazing.
This long statute basically recognizes that initiation is okay, but when it crosses a line or goes too far, it becomes Hazing. It also specifically notes that if another criminal charge applies, that is what should be charged. So, if one student punched another student to haze him for a fraternity, that student should be charged with Assault. This statute would only apply in Larimer, Boulder, or Grand County if no other criminal charges were appropriate.
Fort Collins Criminal Defense Attorney | What is the Punishment for Hazing?
In Fort Collins, Loveland, and Estes Park, Hazing is a class 3 misdemeanor, punishable by up to 6 months in the Larimer County Jail and up to $750 in fines. More importantly for a CSU or UNC college student, a criminal charge can get you kicked out of school. Most colleges have an internal hearing after a student has been issued a criminal charge, and many times those hearings result in a suspension or expulsion. While there is not much that can be done within those internal hearings, having a not guilty verdict or getting the case dismissed can go a long way in restoring a student’s ability to finish their education. That is why you need a trusted criminal defense attorney to defend you or your child against these types of allegations.