Colorado Criminal Code Article 9 PDF

Article 9 Public Peace and Order Definitions Destructive Device: any material, substance, mechanism capable of being used, either by itself or in combinations with any other substance, material, or mechanism, to cause sudden a...

Article 9 Public Peace and Order Definitions Destructive Device: any material, substance, mechanism capable of being used, either by itself or in combinations with any other substance, material, or mechanism, to cause sudden and violent injury, damage, destruction, or death. Ex. Molotov cocktail, bomb, balloon with feces/urine Riot: public disturbance involving 3 or more persons which by tumultuous and violent conduct creates graves danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function. Inciting Riot Knowingly incited or urged a group of five or more to engage in a current or impending riot 18-9-102 OR Knowingly gave commands, signals, instructions to a group of five or more persons, in furtherance of a riot. Note that a riot is defined as three or more, but inciting requires the offender plus five more. NOTE: a person may be convicted of attempt/conspiracy or solicitation to incite a riot only if he engaged in the prohibited conduct with the respect to a current or impending riot. NOTE: if injury to a person or damage to property results from the riot, penalty increased. Arming Rioters Knowingly supplied a deadly weapon or destructive device for use in a riot 18-9-103 OR Taught another to prepare or use a deadly weapon or destructive device with intent that the weapon or device be used in a riot. Engaging in a Knowingly engaged in a riot (3 or more) Riot NOTE: Active participation is required for attempt, conspiracy, solicitation 18-9-104 NOTE: Penalty is raised if offender employs a deadly weapon during course of crime Disobedience to a Knowingly disobeyed a reasonable public safety order to move or Public Safety disperse or refrain from specified activities in the immediate vicinity of Order under Riot the riot, during a riot or when a riot was impending Conditions Public Safety Order: order designed to prevent or control disorder or promote 18-9-105 safety of the persons or property issued by an authorized member of the police, fire, military, or other forces concerned with the riot. Ex. Civilians protecting private property, militia NOTE: Giving a large crowd “30 seconds” to disperse would be unreasonable. NOTE: Does not apply to members of press unless they are physically obstructing. Disorderly Conduct Disorderly Conduct 18-9-106 Coarse/Offensive Unreasonable Fought with Discharging a Displaying deadly Language noise another firearm weapon Intentionally, knowingly, or recklessly made a coarse and obviously offensive utterance (could be a racial or ethnic slur, derogatory against sex orientation, religion, etc), gesture, or display in a public place and the utterance, gesture, or display tended to incite an immediate breach of the peace OR Made an unreasonable noise in a public place (streets, alleys, sidewalks, parks) or near a private residence that he had no right occupy OR Fought with another in a public place except in an amateur or professional contest of athletic skill OR  Not being a peace officer, discharged a firearm in a public place except when engaged in lawful target practice or hunting OR Not being a peace officer displayed a deadly weapon, facsimile weapon, in a public place in a manner calculated to alarm. Obstructing Offender was individual or corporation, without legal privilege, Highway or intentionally, knowingly or recklessly: Passageway obstructed a: ▪ Highway 18-9-107 ▪ Street ▪ Sidewalk ▪ Railway ▪ Waterway ▪ Building entrance ▪ Elevator ▪ Aisle Could apply to DIA, Mile High Stadium, etc. ▪ Stairway ▪ Hallway To which the public or substantial group of the public has access or any place used for the passage of vehicles or persons or conveyances AND Obstruction resulted from the offender’s acts alone or from the acts of the offender and the acts of others. OR o disobeyed a reasonable request or order to move, issued to prevent obstruction of a highway or passageway issued to maintain public safety by dispersing those gathered in dangerous proximity to a fire or riot or hazard AND o Order was issued by a person the defendant knew was a peace officer, firefighter or person with authority to control the use of the premise (ex. Private security, person in charge of that particular building) Disrupting With intent to prevent or disrupt any lawful meeting or procession or Lawful Assembly gathering, significantly obstructed or interfered with the meeting/procession/gathering by physical action or verbal utterance or 18-9-108 any means Procession could be Italians in north denver. Gathering could be renting a gazebo at a park for a birthday party. Any means could be odors from MJ, boombox, pitbulls barking, etc. Interference with Staff, Faculty, or Interference with Students of Schools Educational Institutions 18-9-109 Knowingly Denied freedom of Impeded staff by Credible threat to movement, lawful use or threat of Refuse to leave cause death/BI with ingress/egress force/violence deadly weapon Offender on or near premise of educational institution and: Willfully denied to students, staff, invitees freedom of movement of the premises; lawful use of property or facilities; right of lawful egress/ingress. OR Willfully impeded staff in lawful performance of their duties, OR impeded student lawful pursuit of educational activities through use of restraint/abduction/coercion/intimidation when force or violence were present or threatened. OR Willfully refused to leave the property of any building or facility used by an education institution upon being requested to do so by the CEO/designee charged with maintaining order on the premises, Credible threat means or a dean of the institution, AND offender was threat or physical action committing/threatened to commit/incited others to commit any that would cause a act which would disrupt/impair/interfere with/obstruct the lawful reasonable person to be functions of the institution. in fear of BI or death with a deadly weapon OR Knowingly made/conveyed to another person a credible threat to cause death or BI with a deadly weapon against a person the actor knows or believes to be a student/staff of an education institution, or an invitee. NOTE: This law applies to public and private schools. Public Buildings Public Buildings - – Trespass, Trespass/Interference Interference Public building = any 18-9-110 Knowingly building/facility owned by federal/state/local govn't Denied Impeded staff Intrusion Refuse to Imepede Picketing in freedom of by use or into movement / leave Proceedings public threat of chamber buildings lawful force/violence areas ingress/egress Offender at or in public building and: Willfully denied any official, employee, or invitee lawful right to enter, use or leave the building. OR Willfully impeded staff in lawful performance of their duties through use of restraint/abduction/coercion/intimidation when force or violence were present or threatened. OR Willfully refused to leave the building upon being requested to do so by the designee charged with maintaining order on the premises, AND offender was committing/threatened to commit/incited others to commit any act which would disrupt/impair/interfere with/obstruct the lawful functions of the building. OR Knowingly impede/disrupt/hinder proceedings of admin, judicial, legislative body by any act of intrusion or by any act designed to intimidate/coerce/hinder any member of the body engaged in their duties. OR Intrude into the chamber area designated for the use of any executive body or official at any public buidling and knowingly impeded/disrupted/hindered the work of such body/official. OR  Knowingly picketed alone or with others, inside any building which the chambers, galleries, or offices of the general assembly or either house thereof, are located or where a legislative hearing/meeting was being or to be conducted. Harassment Harassment 18-9-111 Physical Followed Telephone Insult to Obscene Contact in public communicatio Communication Telephone provoke Language at bad hours Call - No n to violence or conversation harass/threate Gesture n, obscene comment Intent to harrass, annoy, alarm another person did one of the following: Struck, shoved, kicked, touched a person or subjected him to physical contact (does not require pain) Not disorderly conduct b/c it does not cause a OR breach of the peace (ex. Fight) Directed obscene language or made an obscene gesture to or at another person in a public place OR Followed a person in or about a public place OR Not stalking b/c there’s no credible Directly or indirectly initiates communication with a person, or threat directs language toward another person anonymously or otherwise; by telephone/computer/network/system/electronic medium in a manner intended to harass or threaten bodily harm or property damage, or made an obscene comment, request/suggestion/proposal OR Made a telephone call or caused the telephone to ring repeatedly, whether or not a conversation ensued, with no purpose of legitimate conversation OR  Made repeated communications at inconvenient hours, that invaded the privacy of another, and interfered with the use and Ex. Name enjoyment of another’s home or private residence/property. calling based on race, sex OR orientation, religion, etc. Repeatedly insulted, taunted, challenged, or made communications in offensive coarse language to another, in a manner likely to provoke a violent or disorderly response. NOTE: Venue can either be where the call occurred or where the call was received. NOTE: obscene means patently offensive description of ultimate sexual acts, including masturbation, cunnilingus, fellatio, analingus, or excretory functions. Loitering Intent to interfere with or disrupt school program, or interfere with or endanger school children, loitered in a school building or on school 18-9-112 grounds or within 100 ft of school grounds when persons under age of 18 were present on the grounds. AND has no reason/relationship involving custody/responsibility of pupil or any other legitimate reason for being there AND has been asked to leave by school staff or police NOTE: loiter means to be dilatory, or stand idly around, to linger, wander about, or to remain, abide or tarry Desecration of Knowingly desecrated any public monument or structure or place or Venerated worship or burial of human remains, or desecrated in a public place an Objects object venerated by the public. NOTE: Desecrate means defacing/damaging/polluting or otherwise physically mistreating in a way the offender knows will outrage the sensibilities of the persons likely to observe or discover his actions Ex. Gravestones, lincoln memorial, marine corps memorial, DPD memorial, etc. Hindering Knowingly and without lawful authority forcibly stops and hinders Transportation operation of any vehicle used in providing transporation services of any kind to the public or to any person, association, corporation. 18-9-114 Endangering Offender: Public Tampers with facility of public transportation with intent to cause any Transportation damage, malfunction, nonfunction, theft (theft of metals), or unauthorized and Utility removal of material which would result in the creation of substantial Transmission risk of death/SBI to anyone 18-9-115 OR Stops or boards public conveyance with intent to commit crime thereon OR On public conveyance, knowingly threatens any staff member or passenger with death or imminent SBI OR with deadly weapon or facscimilie deadly weapon OR On public conveyance, knowingly/recklessly causes BI to anyone OR Negligently causes BI with deadly weapon NOTE: includes elevators, airplanes, trains, gondolas, escalators, bus, truck, car, boat Throwing Knowingly projected any missile at or against any vehicle/equipment Missiles at designed for transportation of persons or property. Vehicles 18-9-116 Vehicular While operating a motor vehicle: Eluding Knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or should reasonably know that he or she 18-9-116.5 is being pursued AND offender operates vehicle in a reckless manner. NOTE: Lights and siren meet the criteria of “should know is being pursued” NOTE: criminal code for vehicular eluding requires the offender operate vehicle in a reckless manner only NOTE: Officer must also be in a motor vehicle (not bicycle, foot, etc)  NOTE: Traffic code also has eluding charge, and only applies when driver turns off lights, speeds up, or takes other evasive action after receiving visual or audible emergency equipment warnings from marked police vehicle. Unlawful It is unlawful for any person to enter or remain in any public building or on Conduct on public property or to conduct themselves in or on the same in violation of Public Property any order, rule, or regulation concerning any matter prescribed in this subsection. 18-9-117 Ex. Wildlife conservation rules, camping, time limitations on public parks, etc. Firearms, Self explanatory, does not apply to CCW Explosives or Incendiary Class 6 felony Devices in facilities of Public Transportation 18-9-118 Failure or Any person who barricades or refuses police entry to any premise or Refusal to leave property through use of or threatened use of force AND who knowingly premises or refuses or fails to leave any premise/property upon being requested to do property upon so by a peace officer who has PC to believe a crime is occurring and such request of a peace person constitutes a danger to himself or others officer 18-9-119 IF you do all of that AND you: Knowingly holds another person hostage or who confines or detains such person without his consent or authority NOTE: Holding hostages means to seize, detain, imprison, entice or persuae another to remain in any premise/property during a violation of this section, in order to seek concessions from law enforcement. Penalty is higher if you cause a peace officer to believe you are armed with a deadly weapon, or if you hold hostages by use of deadly weapon NOTE: if you are found guilty, you may owe up to $2000 to pay for SWAT costs Terrorist Taught or demonstrated to any person the use or application of any Training firearm, exposive or incendiary device or technique capable of causing Activities injury or death to any person AND offender knew that methods taught or demonstrated would unlawfully be used in furtherance of civil disorder. 18-9-120  Civil disorder: planned public disturbance (2 or more persons) involving acts of violence or assemblage of two or more persons that causes an immediate danger of, or results in, damage to or injury to property or to another person. NOTE: the difference between this and riots is the number of people Bias Motivated Intent to harass or intimidate another person because of that person’s Crimes race, color, religion, ancestry, national origin, sexual orientation, or physical or mental disability; 18-9-121 Knowingly caused bodily injury OR by words or conduct knowingly placed another person in fear of imminent lawless action directed at that person or that person’s property, and such words or conduct were likely to produce bodily injury to that person or damage to that person’s property OR Knowingly caused damage to or destruction of the property of another person Preventing Knowingly obstructs/detains/hinders/empedes/blocks entry or exit from Passage to or health care facility from, or engaging in prohibited OR activities near a health care Knowingly approach another within 8 feet, unless person consents, for facility purpose of passing leaflet, handbill, displaying a sign to, or engaging in oral protest/education/counseling with such person in the public 18-9-122 sidewalk within 100 feet from the entrance of a health care facility. Hazing Unlawful for any person to engage in hazing. 18-9-124 Hazing: activity by which a person recklessly endangers the health/safety of or causes a risk of BI to an individual for the purpose of initiation/admission/affiliation with any student organization. Does not include customary athletic events, contests, competitions, or Military training. Includes forced/prolonged physical activity, forced consumption of food/beverage, controlled substance, prolonged deprivation food/drink/sleep. Interference with Knowing funeral being conducted: a Funeral Refuses to leave any private property within 100 feet of funeral site upon request of owner of private property 18-9-125 OR Refuses to leave any public property within 100 feet of funeral site upon request of the public official with authority over the property or upon request of peace officer, and peace officer has reasonable grounds to believe the person has violated a rule/regulation applicable to that property.  Cruelty to Animals Definitions Animal: any living dumb creature, including a police dog and a service animal Certified police working dog: dog that has current certification from a state or national agency/association that certifies police dogs, and that is part of a working law enforcement team (also includes police horses) Serious Physical Harm: any harm that carries substantial risk of death, harm that causes permanent maiming or that involves some temporary, substantial maiming, or any harm that causes acute pain of a duration that results in substantial suffering. Service Animal: animal whose services are used to aid duties of fire department or governmental search and rescue agency and does NOT include police dogs. Cruelty to Animals and Cruelty to Animals Aggravated Cruelty to Animals (all one statute) Regular Cruelty Aggravated Cruelty to Cruelty to Service Animals (class 6 felony) Animal/Police Dog 18-9-202 Knowingly/negligently Do anything listed under tormented,deprived, beat, Knowingly torturned, regular cruelty to a police killed, sex act with, didn't mutilated, needlessly killed dog, whether police dog is on provide food/water/drink, an animal duty or off duty abandon Recklessly/negligently tortured, mutilated, needlesslly killed an animal Cruelty to Animals Knowingly or with criminal negligence, overdrove, overworked, overloaded, tortured, tormented, deprived of necessary sustenance, beat, mutilated, killed or engages in a sexual act with an animal, failed to provide animal with proper food, drink, or protection from the weather or abandon it. Recklessly/negligently tortures, mutilates, needlessly kills an animal Cruelty to a Service Animal/Police Dog Offender commits cruelty to a service animal/police dog if they do any of the above to it, whether animal is on or off duty  Agg Cruelty to Animals Knowingly tortures, mutilates, needlessly kills an animal Ex. Driving recklessly in a residential neighborhood and killed cat/dog = Regular Cruelty. NOTE: It is an affirmative defense if the injury/death is to a dog, and the dog was worrying cattle/sheep/livestock. Unlawful Offender owned/possessed/harbored/kept or had financial or property Ownership of interest in/had custody or control over a dangerous dog. Dangerous Dogs Bodily injury: any physical injury that results in severe bruising, muscle tears, skin lacerations, requiring medical treatment or cosmetic surgery. 18-9-204.5 Dangerous dog: any dog that: 1. Inflicts BI or SBI or causes death of person/domestic animal OR 2. Demonstrates tendencies that would cause a reasonable person to believe the dog may inflict BI or SBI/death upon any person/domestic animal OR 3. Engages in or is trained for animal fighting Domestic Animal: any dog, cat, any animal kept as household pet or livestock Animal No person shall cause, sponsor, arrange, hold or encourage a fight between Fighting animals for the purpose of monetary gain or entertainment 18-9-204 Encourage: 1. Knowingly present at or wagers on the fight 2. Owns, trains, transports, possesses, equips animal with intent that it be engaged in fighting 3. Knowingly allows such fight to occur on any property owned or controlled by him 4. Knowingly allows any animal used for such fight to be kept, boarded, housed, trained on, transported in, any property owned/controlled by him 5. Knowingly uses any means of communication to promote the fight 6. Knowingly possesses any animal used for such fight or any device intended to enhance the animal’s fighting ability  Communication Offenses Eavesdropping Offender, while not visibly present during a conversation or discussion, Prohibited knowingly overheard or recorded such conversation or discussion, without consent of at least one of the principal parties to such conversation. 18-9-304 The statutes do not prohibit wiretapping or eavesdropping where one of the parties to the conversation or discussion has consented. Interception of conversations or discussions is not prohibited unless the parties had a reasonable expectation that the conversation would not be subject to interception. Obstruction of Knowingly prevented/obstructed/delayed the Telephone or sending/transmission/conveyance/delivery in this state of any Telegraph message/communication/report by or through any telegraph or telephone line, Service wire, cable, cordless, wireless, mechanical, electrical, or other device. 18-9-306.5 Ex. Man keeps wife from calling 911 during domestic. Personal Knowingly made available on the internet personal information about a Information on LE official or the official’s immediate family member; if the dissemination the Internet – of the personal information poses an imminent and serious threat to their Law safety or the safety of their immediate family, AND Enforcement Offender knows or reasonably should have known of the imminent and Official serious threat. 18-9-313 Not enforceable. Immediate family: spouse, child, parent, blood relative who lives in same residence. Personal information: home address, telephone number, personal email address, photograph, directions to the home, photos of the officer’s home or vehicle.