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) colo · cites it 16× “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) coloctapp · cites it 8× “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) coloctapp · cites it 4× “” § 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) coloctapp · cites it 3× “¶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) colo · cites it 3× “(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) colo · cites it 12× “[4] Section 18-3-206, C.R.S.1973 (1978 Repl.Vol.”
v. People (2019) colo · cites it 6× “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) colo · cites it 18× “8); no victim specified; menacing, section 18-3-206, C.R.S.1973 (1978 Repl.Vol.”
People v. Sandoval (2016) coloctapp · cites it 2× “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) colo · cites it 6× “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) ca9 · cites it 10× “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) coloctapp · cites it 2× “§ 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) coloctapp “” § 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) coloctapp “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) colo
v. People (2019) colo “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) texcrimapp
— Colo. Rev. Stat. § 18-3-206(1)(a) — 21 cases
People v. Koper (2018) coloctapp “¶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) coloctapp “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) coloctapp “§ 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) coloctapp
People v. Isaacks (2006) colo
— Colo. Rev. Stat. § 18-3-206(l)(a) — 3 cases
People v. Lopez (2015) coloctapp “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) colo
People v. Shawn (2004) coloctapp
— Colo. Rev. Stat. § 18-3-206(l)(b) — 1 case
People v. Shawn (2004) coloctapp
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