C.R.S. Section 18-9-121
Bias-motivated crimes


(1)

The general assembly hereby finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups. The general assembly further finds that the advocacy of unlawful acts against persons or groups because of a person’s or group’s race, color, ancestry, religion, national origin, physical or mental disability, or sexual orientation for the purpose of inciting and provoking bodily injury or damage to property poses a threat to public order and safety and should be subject to criminal sanctions.

(2)

A person commits a bias-motivated crime if, with the intent to intimidate or harass another person, in whole or in part, because of that person’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, he or she:

(a)

Knowingly causes bodily injury to another person; or

(b)

By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person’s property and such words or conduct are likely to produce bodily injury to that person or damage to that person’s property; or

(c)

Knowingly causes damage to or destruction of the property of another person.

(3)

Commission of a bias-motivated crime as described in paragraph (b) or (c) of subsection (2) of this section is a class 1 misdemeanor. Commission of a bias-motivated crime as described in paragraph (a) of subsection (2) of this section is a class 5 felony; except that commission of a bias-motivated crime as described in said paragraph (a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during the commission of the offense.

(3.5)

Intentionally left blank —Ed.

(a)

In determining the sentence for a first-time offender convicted of a bias-motivated crime, the court shall consider the following alternatives, which shall be in addition to and not in lieu of any other sentence received by the offender:

(I)

Sentencing the offender to pay for and complete a period of useful community service intended to benefit the public and enhance the offender’s understanding of the impact of the offense upon the victim;

(II)

At the request of the victim, referring the case to a restorative justice or other suitable alternative dispute resolution program established in the judicial district pursuant to section 13-22-313, C.R.S.

(b)

In considering whether to impose the alternatives described in paragraph (a) of this subsection (3.5), the court shall consider the criminal history of the offender, the impact of the offense on the victim, the availability of the alternatives, and the nature of the offense. Nothing in this section shall be construed to require the court to impose the alternatives specified in paragraph (a) of this subsection (3.5).

(4)

The criminal penalty provided in this section for commission of a bias-motivated crime does not preclude the victim of such action from seeking any other remedies otherwise available under law.

(5)

For purposes of this section:

(a)

“Physical or mental disability” refers to a disability as used in the definition of the term “person with a disability” in section 18-6.5-102 (11).

(b)

“Sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status.

Source: Section 18-9-121 — Bias-motivated crimes, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑9‑101
Definitions
18‑9‑102
Inciting riot
18‑9‑103
Arming rioters
18‑9‑104
Engaging in a riot
18‑9‑105
Disobedience of public safety orders under riot conditions
18‑9‑106
Disorderly conduct
18‑9‑107
Obstructing highway or other passageway
18‑9‑108
Disrupting lawful assembly
18‑9‑108.5
Residential picketing - legislative declaration
18‑9‑109
Interference with staff, faculty, or students of educational institutions
18‑9‑110
Public buildings - trespass, interference - penalty
18‑9‑111
Harassment - Kiana Arellano’s Law
18‑9‑112
Loitering - definition - legislative declaration
18‑9‑113
Desecration of venerated objects
18‑9‑114
Hindering transportation
18‑9‑115
Endangering public transportation and utility transmission
18‑9‑115.5
Violation of a restraining order related to public conveyances
18‑9‑116
Throwing missiles at vehicles - harassment of bicyclists
18‑9‑116.5
Vehicular eluding
18‑9‑117
Unlawful conduct on public property
18‑9‑118
Firearms, explosives, or incendiary devices in facilities of public transportation
18‑9‑119
Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs
18‑9‑120
Terrorist training activities - penalties - exemptions
18‑9‑121
Bias-motivated crimes
18‑9‑122
Preventing passage to and from a health-care facility - engaging in prohibited activities near facility
18‑9‑123
Bringing alcohol beverages, bottles, or cans into the major league baseball stadium
18‑9‑124
Hazing - penalties - legislative declaration
18‑9‑125
Interference with a funeral
18‑9‑201
Definitions
18‑9‑201.5
Scope of part 2
18‑9‑202
Cruelty to animals - aggravated cruelty to animals - service animals - short title
18‑9‑202.5
Impounded animals - costs of impoundment, provision, and care - disposition - procedures - application - definition
18‑9‑204
Animal fighting - penalty
18‑9‑204.5
Unlawful ownership of dangerous dog - legislative declaration - definitions
18‑9‑205
Disposition of fines
18‑9‑206
Unauthorized release of an animal - penalty - restitution
18‑9‑207
Tampering or drugging of livestock
18‑9‑208
Forfeiture of animals
18‑9‑209
Immunity for reporting cruelty to animals - false report - penalty
18‑9‑301
Definitions
18‑9‑302
Wiretapping and eavesdropping devices prohibited - penalty
18‑9‑303
Wiretapping prohibited - penalty
18‑9‑304
Eavesdropping prohibited - penalty
18‑9‑305
Exceptions
18‑9‑306
Abuse of telephone and telegraph service
18‑9‑306.5
Obstruction of telephone or telegraph service
18‑9‑309
Telecommunications crime
18‑9‑309.5
Civil remedies - injunctions - forfeiture
18‑9‑310
Unlawful use of information - penalty
18‑9‑310.5
False statement to the CBI for sex offender registry information
18‑9‑311
Automated dialing systems prohibited
18‑9‑312
Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications
18‑9‑313
Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions
18‑9‑313.5
Personal information on the internet - election officials - definitions
18‑9‑314
Interference with lawful distribution of newspapers - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 18-9-121’s source at colorado​.gov