(1) The general assembly finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, national origin, physical or mental disability, sexual orientation, or transgender identity 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, sexual orientation, or transgender identity 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, sexual orientation, or transgender identity, the person:
(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 orientation toward sexual or
emotional attraction and the behavior or social affiliation that may result from the
attraction.
L. 88: Entire section added, p. 737, § 1, effective July 1. L. 99: IP(2) and (3) amended, p. 795, § 5, effective July 1. L. 2005: Entire section amended, p. 1499, § 5, effective July 1. L. 2013: (5)(a) amended, (SB 13-111), ch. 233, p. 1127, § 13, effective May 16. L. 2021: IP(2) amended, (SB 21-280), ch. 372, p. 2465, § 2, effective June 28. L. 2024: (1), IP(2), and (5)(b) amended, (SB 24-189), ch. 305, p. 2067, § 1, effective July 1.
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.
For the legislative declaration in the 2013 act amending subsection (5)(a), see section 1 of chapter 233, Session Laws of Colorado 2013.
