Harassment, C.R.S. 18-9-111, is frequently charged in Fort Collins and Larimer County, CO, for publicly directing obscene language or gestures at another person. Alternatively, it can also be charged for repeatedly insulting, taunting, or using “coarse language” to provoke another person to a “violent or disorderly response.” If you have ever walked around Fort Collins – especially Old Town – you have likely heard obscene language or seen someone flip off another person. It is far from unusual, so most people just keep walking. However, if a Fort Collins Police Officer is nearby, it is likely that the provocateur will be criminally charged with Harassment.
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, as it relates to verbal provocation, is as follows:
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; 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.
Yes, you can be charged with Harassment just for swearing at another person or flipping the bird at them. Moreover, subsection (8) states that Colorado’s Harassment law is “not intended to infringe upon any right guaranteed to any person by the first amendment…” Hence, if you are charged with Harassment for this reason, claiming that your First Amendment rights were violated will be an uphill battle.
2. Examples of Harassment in Fort Collins
Examples of instances of using obscene language or gestures that could result in Harassment charges in Fort Collins include the following scenarios:
- Clarissa is strolling through Old Town when she is stopped by a homeless man, who asks her for some spare change. Irate, Clarissa screams at him and flips him off before storming away.
- Peter leaves a bar on College Ave. Having had a bit too much to drink, he sees a random woman outside and challenges her to a fight. When she tries to walk away, he uses increasingly coarse language to try to get her to fight him.
- Rich goes out to his car on his lunch break. Another driver accidentally backs into Rich’s car just as he is about to leave the parking lot. The driver is apologetic, but Rich launches into a verbal tirade, swearing at him left and right at the driver throughout.
In the above scenarios, it is likely that each person would be charged with both Harassment and Disorderly Conduct.
3. Penalties for Verbal Harassment in Loveland and Estes Park: Larimer County Jail Time + Fines
A conviction of verbal Harassment in Loveland or Estes Park can result in time at the Larimer County Jail and fines. Publicly directing obscene language or gestures at another person is a petty offense, punishable by up to 10 days in the Larimer County Jail and a fine of $300. However, provoking another person to a violent or disorderly response through insults, taunts, or challenges is a class 2 misdemeanor. This would be punishable by up to 120 days in the Larimer County Jail and a fine of $750.
Whatever the circumstances, it is always imperative that you contact a top criminal defense lawyer if you have been charged with Harassment. Even as a petty offense or misdemeanor, the consequences of this offense can be costly. Representation by a top criminal defense lawyer is essential to protecting your future and freedoms at the Larimer County Courts.
Have you been charged with Harassment? Be smart, and exercise your right to stay silent – never discuss your case with the Larimer County Sheriff or Fort Collins Police. Then call 970-658-0007 to discuss your case with a top criminal defense lawyer today. 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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