Colo. Rev. Stat. § 18-3-206
Menacing
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A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon. Source: L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-206. L. 77: Entire section amended, p. 961, § 12, effective July 1. L. 2000: Entire section amended, p. 694, § 5, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3173, § 195, effective March 1, 2022.
Notes of Decisions
Cited in 215
cases (40 in the last 5 years), 1976–2026 · leading case: People v. Ibarra
People v. Ibarra (1993)
“The appellant, Tiburcio Ibarra, was convicted by a jury of two counts of felony menacing in violation of section 18-3-206, 8B C.R.S. (1986), and sentenced to four years of incarceration in the Department of Corrections on each count.”
People v. Lopez (2015)
“We therefore conclude that the evidence was sufficient'to support a conviction for misdemeanor menacing under section 18-3-206(1). b. The Additional Element in Felony Menacing •¶ 16 We begin this portion of our analysis by noting that there is a distinction between two…”
v. Sauser (2021)
“” § 18-3-206(1). We agree with the analysis in Sisneros that the elements are distinguishable because the degree of injury required for the fear element of felony menacing is greater than the degree of injury required for the fear element of aggravated robbery.”
People v. Koper (2018)
“¶3 The People charged defendant with two counts of felony menacing under section 18-3-206(1)(a), C.R.S. 2017 (proscribing the knowing placement of or attempt to place another person in fear of imminent serious bodily injury by employing any threat or physical action by the use…”
SANCHEZ-MARTINEZ v. People (2011)
“(2010), and misdemeanor menacing, section 18-3-206, C.R.S. (2010). The prosecution charged both counts as acts of domestic violence pursuant to section 18-6-801, C.”
Watkins v. People (1982)
“[4] Section 18-3-206, C.R.S.1973 (1978 Repl.Vol.”
v. People (2019)
“See § 18-3-204; § 18-3-206. ¶31 The final exception, subsection (1)(e), addresses the situation where a single offense is defined as a continuing course of conduct.”
Ortiz v. District Court in & for the County of Las Animas (1981)
“8); no victim specified; menacing, section 18-3-206, C.R.S.1973 (1978 Repl.Vol.”
People v. Sandoval (2016)
“See § 18-3-206(1)(a), C.R.S. 2015. Again, defendant did not waive his Blakely rights by consenting to judicial factfinding, and the prosecution entered into the plea agreement despite the absence of such a provision in the agreement.”
People v. Gutierrez (1981)
“A jury convicted the defendant, Jesus Gutierrez, of felony menacing, section 18-3-206, C.R.S. 1973 (1978 Repl.”
United States v. Melchor-Meceno (2010)
“CRIME OF VIOLENCE ENHANCEMENT To determine whether a C.R.S. § 18-3-206 felony conviction for menacing is a categorical “crime of violence” for purposes of U.”
v. Procasky (2019)
“§ 18-3-206(1)(a), C.R.S. 2019. Thus, felony menacing directs the fact finder’s attention toward the defendant’s knowledge of the victim’s state of mind.”
— Colo. Rev. Stat. § 18-3-206(1) — 19 cases
v. Sauser (2021)
“” § 18-3-206(1). We agree with the analysis in Sisneros that the elements are distinguishable because the degree of injury required for the fear element of felony menacing is greater than the degree of injury required for the fear element of aggravated robbery.”
People v. Lopez (2015)
“We therefore conclude that the evidence was sufficient'to support a conviction for misdemeanor menacing under section 18-3-206(1). b. The Additional Element in Felony Menacing •¶ 16 We begin this portion of our analysis by noting that there is a distinction between two…”
Yusem v. People (2009)
v. People (2019)
“See § 18-3-204; § 18-3-206. ¶31 The final exception, subsection (1)(e), addresses the situation where a single offense is defined as a continuing course of conduct.”
Olivas v. State (2006)
— Colo. Rev. Stat. § 18-3-206(1)(a) — 21 cases
People v. Koper (2018)
“¶3 The People charged defendant with two counts of felony menacing under section 18-3-206(1)(a), C.R.S. 2017 (proscribing the knowing placement of or attempt to place another person in fear of imminent serious bodily injury by employing any threat or physical action by the use…”
People v. Sandoval (2016)
“See § 18-3-206(1)(a), C.R.S. 2015. Again, defendant did not waive his Blakely rights by consenting to judicial factfinding, and the prosecution entered into the plea agreement despite the absence of such a provision in the agreement.”
v. Procasky (2019)
“§ 18-3-206(1)(a), C.R.S. 2019. Thus, felony menacing directs the fact finder’s attention toward the defendant’s knowledge of the victim’s state of mind.”
People v. Oram (2009)
People v. Isaacks (2006)
— Colo. Rev. Stat. § 18-3-206(l)(a) — 3 cases
People v. Lopez (2015)
“We therefore conclude that the evidence was sufficient'to support a conviction for misdemeanor menacing under section 18-3-206(1). b. The Additional Element in Felony Menacing •¶ 16 We begin this portion of our analysis by noting that there is a distinction between two…”
People v. Naranjo (2017)
People v. Shawn (2004)
— Colo. Rev. Stat. § 18-3-206(l)(b) — 1 case
People v. Shawn (2004)
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