Part 1. Public Peace and Order
§ 18-9-101. Definitions
As used in this part 1, unless the context otherwise requires:
(1) “Destructive device” means any material, substance, or mechanism capable of being used, either by itself or in combination with any other substance, material, or mechanism, to cause sudden and violent injury, damage, destruction, or death.
(1.4) “Funeral” means the ceremonies, rituals, and memorial services held in connection with the final disposition or memorial of a deceased person, including the assembly and dispersal of the mourners.
(1.5) “Funeral site” means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other place where a funeral is conducted.
(2) “Riot” means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.
§ 18-9-102. Inciting riot
(1) A person commits inciting riot if he:
(a) Incites or urges a group of five or more persons to engage in a current or impending riot; or
(b) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
(2) A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
(3) Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.
§ 18-9-103. Arming rioters
(1) A person commits arming rioters if he:
(a) Knowingly supplies a deadly weapon or destructive device for use in a riot; or
(b) Teaches another to prepare or use a deadly weapon or destructive device with intent that any such thing be used in a riot.
(2) Arming rioters is a class 4 felony.
§ 18-9-104. Engaging in a riot
(1) A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.
(2) The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.
§ 18-9-105. Disobedience of public safety orders under riot conditions
[This version of this section is effective until March 1, 2022.] A person commits a class 3 misdemeanor if, during a riot or when one is impending, he knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the police, fire, military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense. [This version of this section is effective March 1, 2022.] A person commits a class 2 misdemeanor if, during a riot or when one is impending, the person knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. A public safety order is an order designed to prevent or control disorder or promote the safety of persons or property issued by an authorized member of the police, fire, military, or other forces concerned with the riot. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless the news reporter or other person is physically obstructing efforts by such forces to cope with the riot or impending riot. Inapplicability of the order is an affirmative defense.
§ 18-9-106. Disorderly conduct
(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(b) (Deleted by amendment, L. 2000, p. 708, § 39, effective July 1, 2000.)
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) [Editor’s note: This version of subsection (1)(f) is effective until March 1, 2022.] Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
(f) [Editor’s note: This version of subsection (1)(f) is effective March 1, 2022.] Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm and does alarm another person.
(2) Repealed.
(3)
(a) [Editor’s note: This version of subsection (3) is effective until March 1, 2022.] An offense under paragraph (a) or (c) of subsection (1) of this section is a class 1 petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.
(b) An offense under paragraph (d) of subsection (1) of this section is a class 3 misdemeanor.
(c) An offense under paragraph (e) or (f) of subsection (1) of this section is a class 2 misdemeanor.
(a) [Editor’s note: This version of subsection (3) is effective March 1, 2022.] An offense pursuant to subsection (1)(a) or (1)(c) of this section is a petty offense; except that, if the offense is committed with intent to disrupt, impair, or interfere with a funeral, or with intent to cause severe emotional distress to a person attending a funeral, it is a class 2 misdemeanor.
(b) An offense pursuant to subsection (1)(d) of this section is a petty offense.
(c) An offense pursuant to subsection (1)(f) of this section is a class 2 misdemeanor.
(d) An offense pursuant to subsection (1)(e) of this section is a class 1 misdemeanor.
§ 18-9-107. Obstructing highway or other passageway
(1) An individual or corporation commits an offense if without legal privilege such individual or corporation intentionally, knowingly, or recklessly:
(a) Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or
(b) Disobeys a reasonable request or order to move issued by a person the individual or corporation knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
(2) For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous.
(3) [This version of subsection (3) is effective until March 1, 2022.] An offense under this section is a class 3 misdemeanor; except that knowingly obstructing the entrance into, or exit from, a funeral or funeral site, or knowingly obstructing a highway or other passageway where a funeral procession is taking place is a class 2 misdemeanor.
(3) [This version of subsection (3) is effective March 1, 2022.] An offense under this section is a petty offense; except that knowingly obstructing the entrance into, or exit from, a funeral or funeral site, or knowingly obstructing a highway or other passageway where a funeral procession is taking place is a class 2 misdemeanor.
§ 18-9-108. Disrupting lawful assembly
(1) A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.
(2) [This version of subsection (2) is effective until March 1, 2022.] Disrupting lawful assembly is a class 3 misdemeanor; except that, if the actor knows the meeting, procession, or gathering is a funeral, it is a class 2 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Disrupting lawful assembly is a petty offense; except that, if the actor knows the meeting, procession, or gathering is a funeral, it is a class 2 misdemeanor.
§ 18-9-108.5. Residential picketing - legislative declaration
(1)
(a) The general assembly hereby finds that:
(I) The protection and preservation of the home is a compelling state interest;
(II) Residents of Colorado are entitled to enjoy a feeling of well-being, tranquility, and privacy in their homes and dwellings;
(III) The practice of targeted residential picketing causes emotional disturbances and distress to the occupants and has the potential to incite breaches of the peace; and
(IV) The practice of targeted residential picketing does not seek to disseminate a message to the general public but, instead, seeks to harass and intrude on the privacy of the targeted resident.
(b) The general assembly further finds that ample alternative means of communication are available to those who would choose to engage in picketing outside a person’s residence.
(2) As used in this section, unless the context otherwise requires:
(a) “Residence” means any single-family or multi-family dwelling unit that is not being used as a targeted occupant’s sole place of business or as a place of public meeting.
(b) “Targeted picketing” means picketing, with or without signs, that is specifically directed toward a residence, or one or more occupants of the residence, and that takes place on that portion of a sidewalk or street in front of the residence, in front of an adjoining residence, or on either side of the residence.
(3)
(a) It shall be unlawful for a person to engage in targeted picketing except when the person is engaging in picketing while marching, without stopping in front or on either side of a residence, over a route that proceeds a distance that extends beyond three adjacent structures to one side of the targeted residence along the one-way length and three adjacent structures to the other side of the targeted residence along the one-way length or three hundred feet to one side of the targeted residence along the one-way length and three hundred feet to the other side of the targeted residence along the one-way length, whichever distance is shorter.
(b)
(I) It shall be unlawful for a person while engaged in targeted picketing to hold, carry, or otherwise display on his or her person a sign or placard while he or she is on a street or sidewalk in a residential area if the person does not comply with the following restrictions:
(A) All signs or placards shall be no greater in size than six square feet;
(B) Each person may carry, hold, or otherwise display no more than one sign or placard.
(II) The restrictions specified pursuant to subparagraph (I) of this paragraph (b) shall not apply to a person while engaged in targeted picketing carrying a sign or placard temporarily while transporting the sign or placard from the person’s residence or business to a vehicle.
(4) Vehicles or trailers used in targeted picketing shall not park within three residences or three hundred feet of a residence that is the subject of targeted picketing. There is a presumption that a vehicle or trailer is used in targeted picketing when signage is affixed to the vehicle containing content related to the targeted picketing.
(5) It shall not be a violation of subsection (3) of this section unless a person has previously been ordered by a peace officer or other law enforcement official to move, disperse, or take other appropriate action to comply with this section and the person has failed to promptly comply with the warning. The warning issued by the peace officer or other law enforcement official shall indicate the required distances the person engaging in picketing must march or other conditions necessary to comply with this section. In order to ensure that an appropriate warning has been given, the local law enforcement agency shall maintain a written record indicating the name of each warned individual, the address or addresses of the targeted residence or residences, and the date and time of the warning.
(6) [This version of subsection (6) is effective until March 1, 2022.] A person who violates subsection (3) of this section commits an unclassified misdemeanor. The court may impose a fine of no more than five thousand dollars.
(6) [This version of subsection (6) is effective March 1, 2022.] A person who violates subsection (3) of this section commits a petty offense.
(7) The provisions of this section shall not prohibit a local government from adopting more restrictive provisions concerning targeted picketing or carrying in a residential area more than one sign of a certain size.
§ 18-9-109. Interference with staff, faculty, or students of educational institutions
(1) No person shall, on or near the premises or facilities of any educational institution, willfully deny to students, school officials, employees, and invitees:
(a) Lawful freedom of movement on the premises;
(b) Lawful use of the property or facilities of the institution;
(c) The right of lawful ingress and egress to the institution’s physical facilities.
(2) No person shall, on the premises of any educational institution or at or in any building or other facility being used by any educational institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his educational activities through the use of restraint, abduction, coercion, or intimidation or when force and violence are present or threatened.
(3) No person shall willfully refuse or fail to leave the property of or any building or other facility used by any educational institution upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit, or incites others to commit any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.
(4) It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.
(5) [This version of subsection (5) is effective until March 1, 2022.] Any person who violates any of the provisions of this section, except subsection (6) of this section, commits a class 3 misdemeanor.
(5)(a) [This version of subsection (5) is effective March 1, 2022.] Any person who violates any of the provisions of this section, except subsection (1) or (6) of this section, commits a class 3 misdemeanor.
(b) A person who violates subsection (1) of this section commits a petty offense.
(6)(a) A person shall not knowingly make or convey to another person a credible threat to cause death or to cause bodily injury with a deadly weapon against:
(I) A person the actor knows or believes to be a student, school official, or employee of an educational institution; or
(II) An invitee who is on the premises of an educational institution.
(b) For purposes of this subsection (6), “credible threat” means a threat or physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon or death.
(c) A person who violates this subsection (6) commits a class 1 misdemeanor.
(7) For purposes of this section, the premises, facilities, and buildings of an educational institution do not include the private residence of a student who is participating in online instruction, as defined in section 22-1-131 (2).
§ 18-9-110. Public buildings - trespass, interference - penalty
(1) No person shall so conduct himself at or in any public building owned, operated, or controlled by the state, or any of the political subdivisions of the state or at any building owned, operated, or controlled by the federal government as to willfully deny to any public official, public employee, or invitee on such premises the lawful rights of such official, employee, or invitee to enter, to use the facilities of, or to leave any such public building.
(2) No person shall, at or in any such public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof.
(3) No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the chief administrative officer or his designee charged with maintaining order in such public building, if the person has committed, is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building.
(4) No person shall, at any meeting or session conducted by any judicial, legislative, or administrative body or official at or in any public building, willfully impede, disrupt, or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting the meeting or session or by any act designed to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session.
(5) No person shall, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official at or in any public building, willfully impede, disrupt, or hinder the normal proceedings of such body or official.
(6) No person, alone or in concert with another, shall picket inside any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which the legislative office of any member of the general assembly is located, or in which a legislative hearing or meeting is being or is to be conducted.
(7) The term “public building”, as used in this section, includes any premises being temporarily used by a public officer or employee in the discharge of his official duties.
(8) [This version of subsection (8) is effective until March 1, 2022.] Any person who violates any of the provisions of this section commits a class 2 misdemeanor.
(8)(a) [This version of subsection (8) is effective March 1, 2022.] Any person who violates subsection (2) or (4) of this section commits a class 2 misdemeanor.
(b) Any person who violates subsection (1), (3), (5), or (6) of this section commits a petty offense.
§ 18-9-111. Harassment - Kiana Arellano’s Law
(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed.
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; 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.
(1.5) As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(2) [This version of subsection (2) is effective until March 1, 2022.] Harassment pursuant to subsection (1) of this section is a class 3 misdemeanor; except that harassment is a class 1 misdemeanor if the offender commits harassment pursuant to subsection (1) of this section 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, as defined in section 18-9-121 (5)(a); or sexual orientation, as defined in section 18-9-121 (5)(b).
(2)(a) [This version of subsection (2) is effective March 1, 2022.] A person who violates subsection (1)(a) or (1)(c) of this section or violates any provision of subsection (1) of this section 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, as defined in section 18-9-121 (5)(a); or sexual orientation, as defined in section 18-9-121 (5)(b), commits a class 1 misdemeanor.
(b) A person who violates subsection (1)(e), (1)(f), (1)(g), or (1)(h) of this section commits a class 2 misdemeanor.
(c) A person who violates subsection (1)(b) of this section commits a petty offense.
(3) Any act prohibited by paragraph (e) of subsection (1) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call, electronic mail, or other electronic communication was either made or received.
(4) to (6) Repealed.
(7) Paragraph (e) of subsection (1) of this section shall be known and may be cited as “Kiana Arellano’s Law”.
(8) This section is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.
§ 18-9-112. Loitering - definition - legislative declaration
(1) The word “loiter” means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
(2) [This version of subsection (2) is effective until March 1, 2022.] A person commits a class 1 petty offense if he or she, with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a peace officer.
(2) [This version of subsection (2) is effective March 1, 2022.] A person commits a petty offense if he or she, with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or the school administrator’s representative or by a peace officer.
(3) It shall be an affirmative defense that the defendant’s acts were lawful and he was exercising his rights of lawful assembly as a part of peaceful and orderly petition for the redress of grievances, either in the course of labor disputes or otherwise.
(4) The general assembly hereby finds and declares that the state has a special interest in the protection of children and, particularly, in protecting children who attend schools because required to do so by the “School Attendance Law of 1963”, article 33 of title 22, C.R.S., and the prohibition of loitering in subsection (2) of this section is enacted in furtherance of these interests.
§ 18-9-113. Desecration of venerated objects
(1)(a) [This version of subsection (1)(a) is effective until March 1, 2022.] A person commits a class 3 misdemeanor if he knowingly desecrates any public monument or structure or desecrates in a public place any other object of veneration by the public.
(a) [This version of subsection (1)(a) is effective March 1, 2022.] A person commits a class 2 misdemeanor if he or she knowingly desecrates any public monument or structure or desecrates in a public place any other object of veneration by the public.
(b) [This version of subsection (1)(b) is effective until March 1, 2022.] Except as otherwise provided in section 24-80-1305, C.R.S., with respect to the disturbance of an unmarked human burial, a person commits a class 1 misdemeanor if he knowingly desecrates any place of worship or burial of human remains.
(b) [This version of subsection (1)(b) is effective March 1, 2022.] Except as otherwise provided in section 24-80-1305, with respect to the disturbance of an unmarked human burial, a person commits a class 2 misdemeanor if he or she knowingly desecrates any place of worship or burial of human remains.
(c) The court shall order that any person convicted pursuant to this section make restitution to cover the costs of repairing any damages to any monument, headstone, memorial marker, structure, or place that are the result of such person’s conduct. Such restitution shall be paid to any person or entity that repairs such damages, as required in article 18.5 of title 16, C.R.S.
(2) The term “desecrate” means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover his action or its result.
§ 18-9-114. Hindering transportation
[This version of this section is effective until March 1, 2022.]A person commits a class 2 misdemeanor if he knowingly and without lawful authority forcibly stops and hinders the operation of any vehicle used in providing transportation services of any kind to the public or to any person, association, or corporation. [This version of this section is effective March 1, 2022.]A person commits a petty offense if the person knowingly and without lawful authority forcibly stops and hinders the operation of any vehicle used in providing transportation services of any kind to the public or to any person, association, or corporation.
§ 18-9-115. Endangering public transportation and utility transmission - repeal
(1) A person commits endangering public transportation if such person:
(a) Tampers with a facility of public transportation with intent to cause any damage, malfunction, nonfunction, theft, or unauthorized removal of material which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or
(b)
(I) Stops or boards a public conveyance with the intent of committing a crime thereon; or
(II) This subsection (1)(b) is repealed, effective March 1, 2022.
(c) On a public conveyance, knowingly threatens any operator, crew member, attendant, or passenger:
(I) With death or imminent serious bodily injury; or
(II) [This version of subsection (1)(c)(II) is effective until March 1, 2022.] With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon; or
(II) [This version of subsection (1)(c)(II) is effective March 1, 2022.] With a deadly weapon or with words or actions intended to induce belief that such person is armed with a deadly weapon.
(d)
(I) On a public conveyance:
(A) Knowingly or recklessly causes bodily injury to another person; or
(B) With criminal negligence causes bodily injury to another person by means of a deadly weapon.
(II) This subsection (1)(d) is repealed, effective March 1, 2022.
(1.5) A person commits endangering utility transmission if such person tampers with a facility of utility transmission with intent to cause any damage, malfunction, nonfunction, theft, or unauthorized removal of material which would:
(a) Interrupt performance of utility transmission; or
(b) Result in a creation of a substantial risk of death or serious bodily injury to anyone.
(2) “Public” means offered or available to the public generally, either free or upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.
(3) “Public conveyance” includes a passenger or freight train, airplane, bus, truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.
(4) “Facility of public transportation” includes a public conveyance and any area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers, freight, or goods.
(4.5) “Facility of utility transmission” includes any area, structure, or device that is designed, adopted, or used to support, guide, control, permit, or facilitate transmission of:
(a) Electrical energy in excess of thirty thousand volts; or
(b) Water, liquid fuel, or gaseous fuel by pipeline.
(5) Endangering public transportation or endangering utility transmission is a class 3 felony.
§ 18-9-115.5. Violation of a restraining order related to public conveyances
[This version of this section is effective until March 1, 2022.]Any violation of an order of court obtained pursuant to rule 65 of the Colorado rules of civil procedure, which order has specifically restrained a person from traveling in or on a particular public conveyance, shall be a class 3 misdemeanor. [This version of this section is effective March 1, 2022.]Any violation of an order of court obtained pursuant to rule 65 of the Colorado rules of civil procedure, which order has specifically restrained a person from traveling in or on a particular public conveyance, shall be a petty offense.
§ 18-9-116. Throwing missiles at vehicles - harassment of bicyclists
(1) [This version of subsection (1) is effective until March 1, 2022.] Any person who knowingly projects any missile at or against any vehicle or equipment designed for the transportation of persons or property, other than a bicycle, commits a class 1 petty offense.
(1) [This version of subsection (1) is effective March 1, 2022.] Any person who knowingly projects any missile at or against any vehicle or equipment designed for the transportation of persons or property, other than a bicycle, commits a civil infraction.
(2) Any person who knowingly projects any missile at or against a bicyclist commits a class 2 misdemeanor.
(3) As used in this section, “missile” means any object or substance.
§ 18-9-116.5. Vehicular eluding
(1) Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.
(2)
(a) Vehicular eluding is a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony.
(b) Notwithstanding section 18-1.3-401, the minimum sentence within the presumptive range for a violation of this section shall be increased as follows:
(I) For a class 5 felony, the minimum fine shall be two thousand dollars;
(II) For a class 4 felony, the minimum fine shall be four thousand dollars; and
(III) For a class 3 felony, the minimum fine shall be six thousand dollars.
§ 18-9-117. Unlawful conduct on public property
(1) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection (1), limiting or prohibiting the use or activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management, or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection, and maintenance of such public buildings and property, specifically, orders, rules, and regulations upon the following matters:
(a) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds, and other structures, and any object of scientific, historical, or scenic interest;
(b) Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities;
(c) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral or funeral procession;
(d) Necessary sanitation, health, and safety measures, consistent with section 25-13-113, C.R.S.;
(e) Camping and picnicking, public meetings and assemblages, and other individual or group usages, including the place, time, and manner in which such activities may be permitted;
(f) Use of all vehicles as to place, time, and manner of use;
(g) Control and limitation of fires, including but not limited to the prohibition, restriction, or ban on fires or other regulation of fires to avert the start of or lessen the likelihood of wildfire, and the designation of places where fires are permitted, restricted, prohibited, or banned.
(2) No conviction may be obtained under this section unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the officer or agency, including any agent thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section.
(3)
(a) [This version of subsection (3)(a) is effective until March 1, 2022.] Except as otherwise provided in paragraphs (b) and (c) of this subsection (3), any person who violates subsection (1) of this section is guilty of a class 3 misdemeanor.
(a) [This version of subsection (3)(a) is effective March 1, 2022.] Except as otherwise provided in subsections (3)(b) and (3)(c) of this section, any person who violates subsection (1) of this section is guilty of a petty offense.
(b) Any person who violates any order, rule, or regulation adopted pursuant to paragraph (g) of subsection (1) of this section is guilty of a class 2 misdemeanor and shall be assessed a fine of not less than two hundred fifty dollars and not greater than one thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and not subject to suspension. Nothing in this paragraph (b) shall be construed to limit the court’s discretion in exercising other available sentencing alternatives in addition to the mandatory fine.
(c) Any person who violates any order, rule, or regulation adopted pursuant to paragraph (c) of subsection (1) of this section concerning funerals or funeral processions is guilty of a class 2 misdemeanor.
§ 18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation
A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).
§ 18-9-119. Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs
(1) The general assembly hereby finds and declares that any individual who violates any provision of this section presents a significant threat to life and property in this state; that such violations require the use of highly trained personnel and sophisticated equipment; and that any such individual, if guilty, shall be convicted of committing a crime and be required to pay for any extraordinary expenses which are a result of said violation.
(2) [This version of subsection (2) is effective until March 1, 2022.] Any person who barricades or refuses police entry to any premises or property through use of or threatened use of force and who knowingly refuses or fails to leave any premises or property upon being requested to do so by a peace officer who has probable cause to believe a crime is occurring and that such person constitutes a danger to himself or others commits a class 3 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Any person who barricades or refuses police entry to any premises or property through use of or threatened use of force and who knowingly refuses or fails to leave any premises or property upon being requested to do so by a peace officer who has probable cause to believe a crime is occurring and that such person constitutes a danger to himself or herself or others commits a class 2 misdemeanor.
(3) [This version of subsection (3) is effective until March 1, 2022.] Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person without his consent, without proper legal authority, and without the use of a deadly weapon commits a class 2 misdemeanor.
(3) [This version of subsection (3) is effective March 1, 2022.] Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person without that person’s consent, without proper legal authority, and without the use of a deadly weapon commits a class 1 misdemeanor.
(4) Any person who violates subsection (2) or (3) of this section and who, in the same criminal episode, recklessly or knowingly causes a peace officer to believe that he possesses a deadly weapon commits a class 1 misdemeanor.
(5) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person through the possession, use, or threatened use of a deadly weapon, without the other person’s consent, and without proper legal authority commits a class 4 felony.
(6)
(a) Any person convicted of a violation of this section or any person who enters a plea of guilty or nolo contendere to a violation of this section or is placed on deferred judgment and sentence for a violation of this section shall be responsible for the payment of up to a maximum of two thousand dollars for any extraordinary expenses incurred by a law enforcement agency as a result of such violation.
(b) As used in paragraph (a) of this subsection (6), “extraordinary expenses” means any cost relating to a violation of the provisions of this section, including, but not limited to, overtime wages for officers and operating expenses of any equipment utilized as a result of such violation or any damage to property occurring as a result of any violation of this section.
(7) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or confines or detains such other person by knowingly causing such other person to reasonably believe that he possesses a deadly weapon commits a class 5 felony.
(8) As used in this section, to “hold hostage” means to seize, imprison, entice, detain, confine, or persuade another person to remain in any premises or on any property during a violation of any provision of this section in order to seek concessions from law enforcement personnel or their representatives, or to prevent their entry to property or premises. The term includes imprisoning, enticing, detaining, confining, or persuading any child to remain in said premises or on said property in an attempt to secure said concessions.
§ 18-9-120. Terrorist training activities - penalties - exemptions
(1) As used in this section, unless the context otherwise requires:
(a) “Civil disorder” means any planned public disturbance involving acts of violence by an assemblage of two or more persons that causes an immediate danger of, or results in, damage or injury to property or to another person.
(b) “Explosive or incendiary device” means:
(I) Dynamite and all other forms of high explosives;
(II) Any explosive bomb, grenade, missile, or similar device;
(III) Any incendiary bomb or grenade, fire bomb, or similar device, including any device which:
(A) Consists of or includes a breakable receptacle containing a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and
(B) Can be carried or thrown by one person acting alone.
(c) “Firearm” means any weapon which is designed to expel or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
(d) “Law enforcement officer” means any peace officer of this state, as described in section 16-2.5-101, C.R.S., including a member of the Colorado National Guard or any peace officer of the United States, any state, any political subdivision of a state, or the District of Columbia. “Law enforcement officer” includes, but is not limited to, any member of the National Guard, as defined in 10 U.S.C. sec. 101 (9), any member of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia who is not included within the definition of National Guard, and any member of the armed forces of the United States.
(2) Any person who teaches or demonstrates to any person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to any person and who knows that the same will be unlawfully used in furtherance of a civil disorder and any person who assembles with one or more other persons for the purpose of training or practicing with, or being instructed in the use of, any firearm, explosive or incendiary device, or technique capable of causing injury or death to any person with the intent to unlawfully use the same in furtherance of a civil disorder commits a class 5 felony.
(3)
(a) Nothing in this section makes unlawful any activity pursuant to section 13 of article II of the state constitution or activity of the parks and wildlife commission, any law enforcement agency, any hunting club, or any rifle club, any activity engaged in on a rifle range, pistol range, or shooting range, or any activity undertaken pursuant to any shooting school or other program or instruction, any of which activities is intended to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques and is employed in connection with lawful sports or teach the use of arms for the defense of home, person, or property, or the lawful use of force as defined in part 7 of article 1 of this title, or other lawful activities.
(b) Nothing in this section shall make unlawful any act of a law enforcement officer which is performed as a part of his official duties.
§ 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)
(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.
§ 18-9-122. Preventing passage to and from a health-care facility - engaging in prohibited activities near facility
(1) The general assembly recognizes that access to health-care facilities for the purpose of obtaining medical counseling and treatment is imperative for the citizens of this state; that the exercise of a person’s right to protest or counsel against certain medical procedures must be balanced against another person’s right to obtain medical counseling and treatment in an unobstructed manner; and that preventing the willful obstruction of a person’s access to medical counseling and treatment at a health-care facility is a matter of statewide concern. The general assembly therefore declares that it is appropriate to enact legislation that prohibits a person from knowingly obstructing another person’s entry to or exit from a health-care facility.
(2) [This version of subsection (2) is effective until March 1, 2022.] A person commits a class 3 misdemeanor if such person knowingly obstructs, detains, hinders, impedes, or blocks another person’s entry to or exit from a health-care facility.
(2) [This version of subsection (2) is effective March 1, 2022.] A person commits a petty offense if such person knowingly obstructs, detains, hinders, impedes, or blocks another person’s entry to or exit from a health-care facility.
(3) [This version of subsection (3) is effective until March 1, 2022.] No person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a health-care facility. Any person who violates this subsection (3) commits a class 3 misdemeanor.
(3) [This version of subsection (3) is effective March 1, 2022.] No person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a health-care facility. Any person who violates this subsection (3) commits a petty offense.
(4) For the purposes of this section, “health-care facility” means any entity that is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment in this state.
(5) Nothing in this section shall be construed to prohibit a statutory or home rule city or county or city and county from adopting a law for the control of access to health-care facilities that is no less restrictive than the provisions of this section.
(6) In addition to, and not in lieu of, the penalties set forth in this section, a person who violates the provisions of this section shall be subject to civil liability, as provided in section 13-21-106.7, C.R.S.
§ 18-9-123. Bringing alcohol beverages, bottles, or cans into the major league baseball stadium
(1)(a) It shall be unlawful for any person to carry or bring into the Denver metropolitan major league baseball stadium district stadium, as defined in section 32-14-103 (5) and (10), and referred to in this section as the “stadium”, the following:
(I) Any alcohol beverage as defined in section 44-3-103 (2); or
(II) Any bottle or can except as provided in subsection (2) of this section.
(b) As used in this section:
(I) “Bottle” means a container that is made of nonporous material including but not limited to glass or ceramic, typically with a comparatively narrow neck or mouth, but excluding:
(A) Containers made of cardboard, paper, or plastic; or
(B) Thermos bottles.
(II) “Can” means a container of cylindrical shape that is made of metal or metallic alloys.
(2) Nothing in this section shall be construed to prohibit a person from bringing or carrying into the stadium a beverage, bottle, or can required in connection with the person’s practice of religion, the person’s medical or physical condition, or food or formula for the person’s infant.
(3) [This version of subsection (3) is effective until March 1, 2022.] Any person who violates subsection (1) of this section commits a class 1 petty offense.
(3) [This version of subsection (3) is effective March 1, 2022.] Any person who violates subsection (1) of this section commits a civil infraction.
(4) Nothing in this section shall be construed to prohibit a home rule municipality from enacting an ordinance that is at least as restrictive as or more restrictive than this section that prohibits a person from bringing any alcoholic beverage or alcoholic liquor, any bottle, or any can into the stadium.
§ 18-9-124. Hazing - penalties - legislative declaration
(1)
(a) The general assembly finds that, while some forms of initiation constitute acceptable behavior, hazing sometimes degenerates into a dangerous form of intimidation and degradation. The general assembly also recognizes that although certain criminal statutes cover the more egregious hazing activities, other activities that may not be covered by existing criminal statutes may threaten the health of students or, if not stopped early enough, may escalate into serious injury.
(b) In enacting this section, it is not the intent of the general assembly to change the penalty for any activity that is covered by any other criminal statute. It is rather the intent of the general assembly to define hazing activities not covered by any other criminal statute.
(2) As used in this section, unless the context otherwise requires:
(a) “Hazing” means any activity by which a person recklessly endangers the health or safety of or causes a risk of bodily injury to an individual for purposes of initiation or admission into or affiliation with any student organization; except that “hazing” does not include customary athletic events or other similar contests or competitions, or authorized training activities conducted by members of the armed forces of the state of Colorado or the United States.
(b) “Hazing” includes but is not limited to:
(I) Forced and prolonged physical activity;
(II) Forced consumption of any food, beverage, medication or controlled substance, whether or not prescribed, in excess of the usual amounts for human consumption or forced consumption of any substance not generally intended for human consumption;
(III) Prolonged deprivation of sleep, food, or drink.
(3) It shall be unlawful for any person to engage in hazing.
(4) [This version of subsection (4) is effective until March 1, 2022.] Any person who violates subsection (3) of this section commits a class 3 misdemeanor.
(4) [This version of subsection (4) is effective March 1, 2022.] Any person who violates subsection (3) of this section commits a class 2 misdemeanor.
§ 18-9-125. Interference with a funeral
(1) A person commits interference with a funeral if he or she, knowing a funeral is being conducted:
(a) Refuses to leave any private property within one hundred feet of the funeral site upon the request of the owner of the private property or the owner’s agent; or
(b) Refuses to leave any public property within one hundred feet of the funeral site upon the request of a public official with authority over the property or upon the request of a peace officer, and the public official or peace officer making the request has reasonable grounds to believe the person has violated a rule or regulation applicable to that property or a statute or local ordinance.
(2) Interference with a funeral is a class 2 misdemeanor. The minimum fine prescribed by section 18-1.3-501 (1) for the offense shall be mandatory and may not be suspended in whole or in part.
(3) Each violation of subsection (1) of this section shall constitute a separate offense for which an offender may be separately convicted and sentenced.
(4) Any person who violates any provision of this section may also be proceeded against for violation of any other provision of law.