(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(d) Repealed.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) (a) 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; sexual orientation, as defined in section 18-9-121; or transgender identity 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.
(2) Subsections (4), (5), and (6) were relocated to part 6 of article 3 of this
title in 2010.
(3) Amendments to subsection (2) by SB 21-280 and SB 21-271 were
harmonized.
(4) In People v. Moreno, 2022 CO 15, 506 P.3d 849 (Colo. 2022), the Colorado
Supreme Court held that the phrase intended to harass in subsection (1)(e) is
unconstitutionally overbroad on its face, impermissibly encroaching on protected
speech under the first amendment of the United States Constitution and article II,
section 10, of the Colorado Constitution.
(5) Section 4 of chapter 305 (SB 24-189), Session Laws of Colorado 2024,
provides that the act changing this section applies to offenses committed on or
after July 1, 2024.
L. 71: R&RE, p. 469, § 1. C.R.S. 1963: § 40-9-111. L. 76: (1)(e) R&RE and (1.5) added, p. 561, §§ 1, 2, effective May 21. L. 81: (1)(e) amended, p. 981, § 6, effective May 13. L. 90: (1)(d) repealed, p. 926, § 11, effective March 27. L. 92: (2) amended and (4) to (6) added, p. 413, § 1, effective July 1. L. 93: (5)(a) amended and (5)(a.5) added, p. 1703, § 1, effective July 1. L. 94: IP(1), (1)(g), and (1)(h) amended, p. 1463, § 3, effective July 1; (4) and (5) amended, p. 2018, § 1, effective July 1; (5)(b) amended, p. 1719, § 14, effective July 1. L. 95: (5) amended, p. 1258, § 26, effective July 1. L. 97: (4)(b)(I) amended, p. 1540, § 4, effective July 1. L. 99: (2), (4), and (5) amended, pp. 795, 792, §§ 4, 1, effective July 1. L. 2000: (1)(e) and (3) amended, p. 693, § 4, effective July 1. L. 2003: (5)(b) amended, p. 1014, § 23, effective July 1. L. 2004: (5)(a.7) added, p. 636, § 11, effective August 4. L. 2009: (1)(e) amended, (HB 09-1132), ch. 341, p. 1793, § 4, effective July 1. L. 2010: (4), (5), and (6) repealed, (HB 10-1233), ch. 88, p. 295, § 2, effective August 11. L. 2015: (1)(e) amended, and (7) and (8) added, (HB 15-1072), ch. 120, p. 364, § 1, effective July 1. L. 2017: (2) amended, (HB 17-1188), ch. 185, p. 677, § 1, effective August 9. L. 2021: (2) amended, (SB 21-280), ch. 372, p. 2465, § 1, effective June 28; (2) amended, (SB 21-271), ch. 462, p. 3203, § 314, effective March 1, 2022. L. 2024: (2)(a) amended, (SB 24-189), ch. 305, p. 2068, § 2, effective July 1.
(1) Amendments to subsection (5) in House Bill 94-1045 and House Bill 94-1126 were harmonized.
For provisions concerning harassment by debt collectors or collection agencies, see § 5-16-106.
