Harassment and Stalking can both be charged in Fort Collins when one person follows another. Otherwise, however, there are few similarities between the two charges. Harassment is specifically charged for a single act of following another person in a public place. By contrast, Stalking involves a pattern of following another person, whether or not in connection to a credible threat, and results in serious emotional distress. Below, our top criminal defense lawyers discuss the differences between Harassment and Stalking in reference to following another person:
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1. Larimer County Court Definition of Harassment, C.R.S. 18-9-111 |
1. Larimer County Court Definition of Harassment, C.R.S. 18-9-111
The Larimer County Court definition of Harassment, C.R.S. 18-9-111, for following another person, is as follows:
(c) Follows a person in or about a public place.
The intent behind this act of Harassment is to alarm or annoy another person, and usually only takes place once. By comparison, Stalking tends to be repeated over a longer span of time and have more harmful effects.
2. Fort Collins Definition of Stalking, C.R.S. 18-3-602
Stalking, C.R.S. 18-3-602, is defined as follows in Fort Collins when it relates to following another person:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
Stalking is different from Harassment in that it involves repeatedly following another person, or another person who is close to the alleged victim, resulting in serious emotional distress.
3. Harassment vs. Stalking in Loveland and Estes Park
Overall, the primary differences between Harassment and Stalking in Loveland and Estes Park are the intent and the length of time in which the defendant engaged in their behavior. See the table below for a comparison between the offenses:
| Element | Harassment, C.R.S. 18-9-111 | Stalking, C.R.S. 18-3-602 |
| Length of time engaged in behavior | One-time act | Repeated behavior that spans several days, weeks, months, or even years |
| Setting | Public place | Public or private place |
| Result / harm to alleged victim | Annoyance or alarm | Serious emotional distress* |
| Classification of offense | Class 1 misdemeanor | Class 5 or class 4 felony, depending on circumstances; also designated an extraordinary risk crime |
*Colorado’s Stalking law only requires that the defendant acted “knowingly.” If a defendant threatened the alleged victim, the District Attorney must prove that the defendant acted recklessly and had a “subjective understanding” that the threats would result in emotional distress. See Counterman v. Colorado (2023).
Have you been charged with Harassment or Stalking? Be smart, and exercise your right to stay silent. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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