(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) (a) Any person who violates any of the provisions of this section, except
subsection (1) or (6) of this section, commits a class 2 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).
L. 71: R&RE, p. 468, § 1. C.R.S. 1963: § 40-9-109. L. 73: p. 539, § 8. L. 2005: (5) amended and (6) added, p. 1499, § 4, effective July 1. L. 2021: (7) added, (HB 21-1059), ch. 200, p. 1061, § 3, effective May 28; (5) amended, (SB 21-271), ch. 462, p. 3202, § 312, effective March 1, 2022.
For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
