C.R.S. Section 18-3-602
Stalking

  • penalty
  • definitions
  • Vonnie’s law

(1)

A person commits stalking if directly, or indirectly through another person, the person knowingly:

(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

(b)

Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; 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.

(2)

For the purposes of this part 6:

(a)

Conduct “in connection with” a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.

(b)

“Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

(c)

“Immediate family” includes the person’s spouse and the person’s parent, grandparent, sibling, or child.

(d)

“Repeated” or “repeatedly” means on more than one occasion.

(3)

A person who commits stalking:

(a)

Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or

(b)

Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

(4)

Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).

(5)

If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.

(6)

Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.

(7)

A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report.

(8)

Intentionally left blank —Ed.

(a)

When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-105 (4), C.R.S., and a protection order shall issue in accordance with section 18-1-1001 (5).

(b)

This subsection (8) shall be known and may be cited as “Vonnie’s law”.

(9)

When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.

Source: Section 18-3-602 — Stalking - penalty - definitions - Vonnie’s law, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18–3–101
Definition of terms 18–3–102
Murder in the first degree 18–3–103
Murder in the second degree - definitions 18–3–104
Manslaughter 18–3–105
Criminally negligent homicide 18–3–106
Vehicular homicide 18–3–107
First degree murder of a peace officer, firefighter, or emergency medical service provider - legislative declaration 18–3–201
Definitions 18–3–202
Assault in the first degree 18–3–203
Assault in the second degree 18–3–204
Assault in the third degree 18–3–205
Vehicular assault 18–3–206
Menacing 18–3–207
Criminal extortion - aggravated extortion 18–3–208
Reckless endangerment 18–3–210
Unlawfully aiming a laser device at an aircraft - definitions 18–3–301
First degree kidnapping 18–3–302
Second degree kidnapping 18–3–303
False imprisonment 18–3–304
Violation of custody order or order relating to parental responsibilities 18–3–305
Enticement of a child 18–3–306
Internet luring of a child 18–3–401
Definitions 18–3–402
Sexual assault 18–3–404
Unlawful sexual contact 18–3–405
Sexual assault on a child 18–3–405.3
Sexual assault on a child by one in a position of trust 18–3–405.4
Internet sexual exploitation of a child 18–3–405.5
Sexual assault on a client by a psychotherapist - definitions 18–3–405.6
Invasion of privacy for sexual gratification 18–3–405.7
Unlawful sexual conduct by a peace officer - definition 18–3–407
Victim’s and witness’s prior history - evidentiary hearing - victim’s identity - protective order 18–3–407.5
Victim evidence - forensic evidence - electronic lie detector exam without victim’s consent prohibited 18–3–407.7
Sexual assault victim emergency payment program - creation - eligibility 18–3–407.9
Forensic nurse examiners - telehealth program - creation - appropriation 18–3–408
Jury instruction prohibited 18–3–408.5
Jury instruction on consent - when required 18–3–409
Marital defense 18–3–410
Medical exception 18–3–411
Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition 18–3–412
Habitual sex offenders against children - indictment or information - verdict of the jury 18–3–412.5
Failure to register as a sex offender 18–3–412.6
Failure to verify location as a sex offender 18–3–413
Video tape depositions - children - victims of sexual offenses 18–3–414
Payment of treatment costs for the victim or victims of a sexual offense against a child 18–3–414.5
Sexually violent predators - assessment - annual report - definitions 18–3–415
Testing for persons charged with sexual offense 18–3–415.5
Testing persons charged with certain sexual offenses for serious sexually transmitted infections - mandatory sentencing 18–3–416
Reports of convictions to department of education 18–3–417
Reports of sexual assault by applicants, registrants, or licensed professionals 18–3–418
Unlawful electronic sexual communication - person in a position of trust - definitions 18–3–501
Legislative declaration 18–3–502
Definitions 18–3–503
Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude 18–3–504
Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude 18–3–505
Human trafficking council - created - duties - repeal 18–3–601
Legislative declaration 18–3–602
Stalking - penalty - definitions - Vonnie’s law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-3-602’s source at colorado​.gov