(1) A person commits stalking if directly, or indirectly through another person, the person knowingly:
(a) Makes a credible threat to another person and, in connection with the
threat, repeatedly follows, approaches, contacts, or places under surveillance that
person, a member of that person’s immediate family, or someone with whom that
person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the
threat, repeatedly makes any form of communication with that person, a member of
that person’s immediate family, or someone with whom that person has or has had a
continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or
makes any form of communication with another person, a member of that person’s
immediate family, or someone with whom that person has or has had a continuing
relationship in a manner that would cause a reasonable person to suffer serious
emotional distress and does cause that person, a member of that person’s
immediate family, or someone with whom that person has or has had a continuing
relationship to suffer serious emotional distress. For purposes of this paragraph (c),
a victim need not show that he or she received professional treatment or counseling
to show that he or she suffered serious emotional distress.
(2) For the purposes of this part 6:
(a) Conduct in connection with a credible threat means acts that further,
advance, promote, or have a continuity of purpose, and may occur before, during, or
after the credible threat.
(b) 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.
(c) Immediate family includes the person’s spouse and the person’s parent,
grandparent, sibling, or child.
(d) Repeated or repeatedly means on more than one occasion.
(3) A person who commits stalking:
(a) Commits a class 5 felony for a first offense except as otherwise provided
in subsection (5) of this section; or
(b) Commits a class 4 felony for a second or subsequent offense, if the
offense occurs within seven years after the date of a prior offense for which the
person was convicted.
(4) Stalking is an extraordinary risk crime that is subject to the modified
presumptive sentencing range specified in section 18-1.3-401 (10).
(5) If, at the time of the offense, there was a temporary or permanent
protection order, injunction, or condition of bond, probation, or parole or any other
court order in effect against the person, prohibiting the behavior described in this
section, the person commits a class 4 felony.
(6) Nothing in this section shall be construed to alter or diminish the inherent
authority of the court to enforce its orders through civil or criminal contempt
proceedings; however, before a criminal contempt proceeding is heard before the
court, notice of the proceedings shall be provided to the district attorney for the
judicial district of the court where the proceedings are to be heard and the district
attorney for the judicial district in which the alleged act of criminal contempt
occurred. The district attorney for either district shall be allowed to appear and
argue for the imposition of contempt sanctions.
(7) A peace officer shall have a duty to respond as soon as reasonably
possible to a report of stalking and to cooperate with the alleged victim in
investigating the report.
(8) (a) When a person is arrested for an alleged violation of this section, the
fixing of bail for the crime of stalking shall be done in accordance with section 16-4-105 (4), C.R.S., and a protection order shall issue in accordance with section 18-1-1001 (5).
(b) This subsection (8) shall be known and may be cited as Vonnie’s law.
(9) When a violation under this section is committed in connection with a
violation of a court order, including but not limited to any protection order or any
order that sets forth the conditions of a bond, any sentences imposed pursuant to
this section and pursuant to section 18-6-803.5 or any sentence imposed in a
contempt proceeding for violation of the court order shall be served consecutively
and not concurrently.
Offenses Against Pregnant Women
L. 2010: Entire part added with relocations, (HB 10-1233), ch. 88, p. 294, § 1, effective August 11. L. 2012: (5) amended and (8) and (9) added, (HB 12-1114), ch. 176, pp. 632, 631, § § 4, 1, effective May 11. L. 2014: (8)(a) amended, (SB 14-212), ch. 397, p. 2000, § 8, effective July 1.
This article was added in 2003 and was not amended prior to 2013. It was repealed and reenacted in 2013, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
For the legislative declaration in the 2013 act amending this article, see section 1 of chapter 372, Session Laws of Colorado 2013.
