18-8-616 – Retaliation against a prosecutor.

Statutory language for  Retaliation against a prosecutor.

(1) (a) An individual commits retaliation against a prosecutor if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harm or injury upon a person or property as retaliation or retribution against a prosecutor, which action is directed against or committed upon:

(I) An elected district attorney;

(II) A prosecutor who has served or is serving in a legal matter assigned to
the prosecutor involving the individual or a person on whose behalf the individual is
acting;

(III) A member of the prosecutor’s family;

(IV) A person in close relationship to the prosecutor; or

(V) A person residing in the same household with the prosecutor.

(b) An individual commits retaliation against a prosecutor by means of a
credible threat as described in paragraph (a) of this subsection (1) if the individual
knowingly makes the credible threat:

(I) Directly to the prosecutor; or

(II) To another person:

(A) If the individual intended that the communication would be relayed to the
prosecutor; or

(B) If the other person is required by statute or ethical rule to report the
communication to the prosecutor or to the court.

(2) Retaliation against a prosecutor is a class 4 felony.

(3) As used in this section, unless the context otherwise requires,
prosecutor means the attorney general, deputy attorney general, assistant
attorney general, district attorney, deputy district attorney, assistant district
attorney, appointed special prosecutor, city attorney, United States attorney,
deputy United States attorney, assistant United States attorney, or special
assistant United States attorney.

Source

L. 2015: Entire section added, (HB 15-1229), ch. 239, p. 884, § 1, effective May 29.

Editors Notes

Cross References

For compensation to crime victims, see parts 1 and 2 of article 4.1 of title 24; for rights of victims of and witnesses to crimes, see part 3 of article 4.1 of title 24; for assistance to victims of and witnesses to crimes, see article 4.2 of title 24; for restitution to victims of crime, see article 28 of title 17; for protection orders to protect witnesses and victims, see §§ 18-1-1001 and 19-2-707.