Part 6. Offenses Relating to Judicial and Other Proceedings
§ 18-8-601. Definitions
The definitions contained in sections 18-8-101, 18-8-301, and 18-8-501 are applicable to the provisions of this part 6, and, in addition to those definitions:
(1) “Juror” means any person who is a member of any jury or grand jury impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term “juror” also includes any person who has been drawn or summoned to attend as a prospective juror.
(2) “Testimony” includes oral or written statements, documents, or any other evidence that may be offered by or through a witness in an official proceeding.
§ 18-8-602. Bribing a witness. (Repealed)
Source: L. 71:R&RE, p. 465, § 1.C.R.S. 1963:§ 40-8-602. L. 84:Entire section repealed, p. 503, § 7, effective July 1.
§ 18-8-603. Bribe-receiving by a witness
(1) A witness or a person believing he is to be called as a witness in any official proceeding commits a class 4 felony if he intentionally solicits, accepts, or agrees to accept any benefit upon an agreement or understanding that:
(a) He will testify falsely or unlawfully withhold testimony; or
(b) He will attempt to avoid legal process summoning him to testify; or
(c) He will attempt to absent himself from an official proceeding to which he has been legally summoned.
§ 18-8-604. Intimidating a witness. (Repealed)
Source: L. 71:R&RE, p. 465, § 1.C.R.S. 1963:§ 40-8-604. L. 77:(1) amended, p. 968, § 49, effective July 1; IP(1) and (1)(c) amended and (1)(d) added, p. 991, § 1, effective July 1. L. 84:Entire section repealed, p. 503, § 7, effective July 1.
§ 18-8-605. Tampering with a witness. (Repealed)
Source: L. 71:R&RE, p. 465, § 1.C.R.S. 1963:§ 40-8-605. L. 77:IP(1) amended, p. 968, § 50, effective July 1. L. 84:Entire section repealed, p. 503, § 7, effective July 1.
§ 18-8-606. Bribing a juror
(1) A person commits bribing a juror if he offers, confers, or agrees to confer any benefit upon a juror with intent to influence the juror’s vote, opinion, decision, or other action as a juror.
(2) Bribing a juror is a class 4 felony.
§ 18-8-607. Bribe-receiving by a juror
(1) A person commits bribe-receiving by a juror if he intentionally solicits, accepts, or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, decision, or other action as a juror will thereby be influenced.
(2) Bribe-receiving by a juror is a class 4 felony.
§ 18-8-608. Intimidating a juror
(1) A person commits intimidating a juror if he intentionally attempts by use of a threat of harm or injury to any person or property to influence a juror’s vote, opinion, decision, or other action as a juror.
(2) Intimidating a juror is a class 4 felony.
§ 18-8-609. Jury-tampering
(1) A person commits jury-tampering if, with intent to influence a juror’s vote, opinion, decision, or other action in a case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.
(1.5) A person commits jury-tampering if he knowingly participates in the fraudulent processing or selection of jurors or prospective jurors.
(2) Jury-tampering is a class 5 felony; except that jury-tampering in any class 1 felony trial is a class 4 felony.
§ 18-8-610. Tampering with physical evidence
(1) A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
(b) Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.
(2) “Physical evidence”, as used in this section, includes any article, object, document, record, or other thing of physical substance; except that “physical evidence” does not include a human body, part of a human body, or human remains subject to a violation of section 18-8-610.5.
(3) [This version of subsection (3) is effective until March 1, 2022.] Tampering with physical evidence is a class 6 felony.
(a) [This version of subsection (3) is effective March 1, 2022.] Tampering with physical evidence of a felony crime is a class 6 felony.
(b) Tampering with physical evidence of a misdemeanor crime is a class 1 misdemeanor.
§ 18-8-610.5. Tampering with a deceased human body
(1) A person commits tampering with a deceased human body if, believing that an official proceeding is pending, in progress, or about to be instituted and acting without legal right or authority, the person willfully destroys, mutilates, conceals, removes, or alters a human body, part of a human body, or human remains with intent to impair its or their appearance or availability in the official proceedings.
(2) Tampering with a deceased human body is a class 3 felony.
(3)
(a) A defendant may not be convicted of both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101 (1), if the act arises out of a single incident.
(b) If a defendant is charged with both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101, the court shall proceed pursuant to section 18-1-408.
§ 18-8-611. Simulating legal process
(1) A person commits simulating legal process if he knowingly delivers or causes to be delivered to another a request for the payment of money on behalf of any creditor including himself which in form and substance simulates any legal process issued by any court of this state.
(2) [This version of subsection (2) is effective until March 1, 2022.] Simulating legal process is a class 3 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Simulating legal process is a class 2 misdemeanor.
§ 18-8-612. Failure to obey a juror summons
(1) A juror commits failure to obey a juror summons if he receives a summons to serve as a trial or grand juror as provided in section 13-71-110, C.R.S., and knowingly fails to obey the summons without justifiable excuse.
(2) [This version of subsection (2) is effective until March 1, 2022.] Failure to obey a juror summons is a class 3 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Failure to obey a juror summons is a petty offense.
§ 18-8-613. Willful misrepresentation of material fact on juror questionnaire
(1) A juror commits willful misrepresentation of a material fact if he willfully makes a misrepresentation of a material fact when he provides information on the juror questionnaire as provided in section 13-71-115, C.R.S.
(2) [This version of subsection (2) is effective until March 1, 2022.] Willful misrepresentation of a material fact on a juror questionnaire is a class 3 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Willful misrepresentation of a material fact on a juror questionnaire is a class 2 misdemeanor.
§ 18-8-614. Willful harassment of juror by employer
(1) An employer commits willful harassment of a juror if he willfully deprives an employed juror of employment or any incidents or benefits thereof or willfully harasses, threatens, or coerces an employee because the employee receives a juror summons, responds thereto, performs any obligation or election of juror service as a trial or grand juror, or exercises any right under the “Colorado Uniform Jury Selection and Service Act”, article 71 of title 13, C.R.S.
(2) Willful harassment of a juror is a class 2 misdemeanor.
§ 18-8-615. Retaliation against a judge or an elected official - definitions
(1)
(a) An individual commits retaliation against a judge if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harassment, as defined in section 18-9-111 (1), or an act of harm or injury upon a person or property as retaliation or retribution against a judge, which action is directed against or committed upon:
(I) A judge who has served or is serving in a legal matter assigned to the judge involving the individual or a person on whose behalf the individual is acting;
(II) A member of the judge’s family;
(III) A person in close relationship to the judge; or
(IV) A person residing in the same household with the judge.
(b) An individual commits retaliation against a judge by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat:
(I) Directly to the judge; or
(II) To another person:
(A) If the individual intended that the communication would be relayed to the judge; or
(B) If the other person is required by statute or ethical rule to report the communication to the judge.
(1.5)
(a) An individual commits retaliation against an elected official if the individual knowingly makes a credible threat as retaliation or retribution against the elected official or arising out of the status of the person as an elected official and is directed against or committed upon:
(I) An elected official;
(II) A member of the elected official’s family;
(III) A person in close relationship to the elected official; or
(IV) A person residing in the same household with the elected official.
(b) For purposes of this subsection (1.5):
(I) “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.
(II) “Elected official” means any person who is serving in an elected position in the state of Colorado at any level of government.
(2)
(a) Retaliation against a judge is a class 4 felony.
(b) Retaliation against an elected official is a class 6 felony.
(3) As used in this section, unless the context otherwise requires, “judge” means any justice of the supreme court, judge of the court of appeals, district court judge, juvenile court judge, probate court judge, water court judge, county court judge, district court magistrate, county court magistrate, municipal judge, administrative law judge, or unemployment insurance hearing officer.
§ 18-8-616. Retaliation against a prosecutor
(1)
(a) An individual commits retaliation against a prosecutor if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harm or injury upon a person or property as retaliation or retribution against a prosecutor, which action is directed against or committed upon:
(I) An elected district attorney;
(II) A prosecutor who has served or is serving in a legal matter assigned to the prosecutor involving the individual or a person on whose behalf the individual is acting;
(III) A member of the prosecutor’s family;
(IV) A person in close relationship to the prosecutor; or
(V) A person residing in the same household with the prosecutor.
(b) An individual commits retaliation against a prosecutor by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat:
(I) Directly to the prosecutor; or
(II) To another person:
(A) If the individual intended that the communication would be relayed to the prosecutor; or
(B) If the other person is required by statute or ethical rule to report the communication to the prosecutor or to the court.
(2) Retaliation against a prosecutor is a class 4 felony.
(3) As used in this section, unless the context otherwise requires, “prosecutor” means the attorney general, deputy attorney general, assistant attorney general, district attorney, deputy district attorney, assistant district attorney, appointed special prosecutor, city attorney, United States attorney, deputy United States attorney, assistant United States attorney, or special assistant United States attorney.