The most common type of Harassment charge we see in Fort Collins and Larimer County stems from a person having unwanted physical contact with another (strike, shove, kick). Previously, any subsection of the Harassment charge, as long as no aggravators apply, was a class 3 misdemeanor. However, as of March 1, 2022, Harassment is now a class 1 misdemeanor, class 2 misdemeanor, or petty offense depending on the subsection it is charged under. Let’s take a closer look at the changes to the way Harassment is handled in Larimer County Court.
Larimer County Harassment Lawyer: Definition of Harassment in Colorado
The Larimer County, Colorado law definition of Harassment – C.R.S. 18-9-111 – is:
(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
(d) Repealed.
(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.
Now, previously, it didn’t matter which subsection you were charged under – it was always a class 3 misdemeanor. Now, the subsection you are charged under will determine whether you are facing a class 1 misdemeanor, class 2 misdemeanor, or petty offense.
Harassment as a Class 1 Misdemeanor, Class 2 Misdemeanor or Petty Offense in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, the level of charge for Harassment is based on the subsection. A person charged under subsection (a) or (c) will be facing a class 1 misdemeanor. A charge under subsection (e), (f), (g), or (h) is a class 2 misdemeanor. Finally, a charge under subsection (b) is a petty offense. The only exception is if the Harassment is because of a person’s race, color, religion, ancestry, national origin, or physical or mental disability. If this is the case, any subsection of Harassment is a class 1 misdemeanor.
If you or someone you love has been charged with Harassment, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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