Part 7. Victims and Witnesses Protection

This part 7 shall be known and may be cited as the “Colorado Victim and Witness Protection Act of 1984”.

The definitions contained in sections 18-8-301, 18-8-501, and 18-8-601 are applicable to the provisions of this part 7, and in addition to those definitions:
(1) “Victim” means any natural person against whom any crime has been perpetrated or attempted, as crime is defined under the laws of this state or of the United States.
(2) “Witness” means any natural person:
(a) Having knowledge of the existence or nonexistence of facts relating to any crime;
(b) Whose declaration under oath is received or has been received as evidence for any purpose;
(c) Who has reported any crime to any peace officer, correctional officer, or judicial officer;
(d) Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or
(e) Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (2).

(1) A person commits bribing a witness or victim if he or she offers, confers, or agrees to confer any benefit upon a witness, or a victim, or a person he or she believes is to be called to testify as a witness or victim in any official proceeding, or upon a member of the witness’ family, a member of the victim’s family, a person in close relationship to the witness or victim, or a person residing in the same household as the witness or victim with intent to:
(a) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or
(b) Induce the witness or victim to avoid legal process summoning him to testify; or
(c) Induce the witness or victim to absent himself or herself from an official proceeding.
(2) Bribing a witness or victim is a class 4 felony.

(1) A person commits intimidating a witness or victim if, by use of a threat, act of harassment as defined in section 18-9-111, or act of harm or injury to any person or property directed to or committed upon a witness in any criminal or civil proceeding; a victim of any crime; a person he or she believes has been or is to be called or who would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime; a member of the witness’ family; a member of the victim’s family; a person in close relationship to the witness or victim; a person residing in the same household with the witness or victim; or any person who has reported a crime or who may be called to testify as a witness to or victim of any crime, he or she intentionally attempts to or does:
(a) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or
(b) Induce the witness or victim to avoid legal process summoning him to testify; or
(c) Induce the witness or victim to absent himself or herself from an official proceeding; or
(d) Inflict such harm or injury prior to such testimony or expected testimony.
(2) Intimidating a witness or victim is a class 4 felony.

(1) A person who commits intimidating a witness or victim commits aggravated intimidation of a witness or victim if, during the act of intimidating, he:
(a) Is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person being intimidated or any other person; or
(b) Knowingly wounds the person being intimidated or any other person with a deadly weapon, or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person being intimidated or any other person in reasonable fear of death or bodily injury.
(2) For purposes of subsection (1) of this section, possession of any article used or fashioned in a manner to lead any person reasonably to believe it to be a deadly weapon, or any verbal or other representation by the person that he is so armed, is prima facie evidence that the person is armed with a deadly weapon.
(3) Aggravated intimidation of a witness or victim is a class 3 felony.

(1) An individual commits retaliation against a witness or victim if such person uses a threat, act of harassment as defined in section 18-9-111, or act of harm or injury upon any person or property, which action is directed to or committed upon a witness in any criminal or civil proceeding; a victim of any crime; an individual whom the person believes has been or would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime; a member of the witness’ family; a member of the victim’s family; an individual in close relationship to the witness or victim; an individual residing in the same household with the witness or victim, as retaliation or retribution against such witness or victim.
(2) Retaliation against a witness or victim is a class 3 felony.

(1) An individual commits retaliation against a juror if such individual uses a threat, act of harassment as defined in section 18-9-111, or act of harm or injury upon any person or property, which action is directed to or committed upon a juror who has served for a criminal or civil trial involving the individual or a person or persons on whose behalf the individual is acting, a member of the juror’s family, an individual in close relationship to the juror, or an individual residing in the same household with the juror, as retaliation or retribution against such juror.
(2) Retaliation against a juror is a class 3 felony.

(1) A person commits tampering with a witness or victim if he intentionally attempts without bribery or threats to induce a witness or victim or a person he believes is to be called to testify as a witness or victim in any official proceeding or who may be called to testify as a witness to or victim of any crime to:
(a) Testify falsely or unlawfully withhold any testimony; or
(b) Absent himself from any official proceeding to which he has been legally summoned; or
(c) Avoid legal process summoning him to testify.
(2) Tampering with a witness or victim is a class 4 felony.

(1) The following persons are eligible for relief pursuant to this section:
(a) Any person who testifies as a witness or victim in any official proceeding;
(b) Any person who may be called to testify as a witness to or victim of any crime;
(c) Any person who is a member of the witness’ or victim’s family;
(d) Any person who is in a close relationship to the witness or victim;
(e) Any person who is residing in the same household with the witness or victim.
(2) Any person who is eligible pursuant to subsection (1) of this section who suffers any physical injury or property damage as the result of the commission of intimidating a witness or victim pursuant to section 18-8-704, aggravated intimidation of a witness or victim pursuant to section 18-8-705, or retaliation against a witness or victim pursuant to section 18-8-706 shall, in a civil proceeding to recover for such injury or property damage, be eligible for the award of treble damages and attorney fees.
(3) Nothing in this section shall limit the amount of recovery which a person specified in subsection (1) of this section may receive in a civil proceeding or in any other proceeding.