(1) A person commits criminal extortion if:
(a) The person, without legal authority and with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship or bodily injury to, or damage the property or reputation of, the threatened person or another person; and
(b) The person threatens to cause the results described in paragraph (a) of this subsection
(1) by:
(I) Performing or causing an unlawful act to be performed; or
(II) Invoking action by a third party, including, but not limited to, the state or any of its political subdivisions, whose interests are not substantially related to the interests pursued by the person making the threat.
(1.5) A person commits criminal extortion if the person, with the intent to induce another person against that other person's will to give the person money or another item of value, or with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act, threatens to report to law enforcement officials the immigration status of the threatened person or another person.
(2) A person commits aggravated criminal extortion if, in addition to the acts described in subsection (1) of this section, the person threatens to cause the results described in paragraph (a) of subsection (1) of this section by means of chemical, biological, or harmful radioactive agents, weapons, or poison.
(3) For the purposes of this section, "substantial threat" means a threat that is reasonably likely to induce a belief that the threat will be carried out and is one that threatens that significant confinement, restraint, injury, or damage will occur.
(4) Criminal extortion, as described in subsections (1) and (1.5) of this section, is a class 4 felony. Aggravated criminal extortion, as described in subsection (2) of this section, is a class 3 felony.
Source: L. 71: R&RE, p. 421, § 1. C.R.S. 1963: § 40-3-207. L. 75: Entire section amended, p. 618, § 8, effective July 21. L. 81: Entire section amended, p. 981, § 4, effective May 13; entire section amended, p. 974, § 8, effective July 1. L. 82: (2) amended, p. 623, § 17, effective April 2. L. 94: Entire section R&RE, p. 1619, § 1, effective May 31. L. 2006, 1st Ex. Sess.: (1.5) added and (4) amended, p. 11, § 1, effective July 31. L. 2021: (1.5) amended, (HB 21-1057), ch. 158, p. 903, § 1, effective July 1.
Editor's note: Amendments to this section by House Bill 81-1167 and Senate Bill 81- 183 were harmonized.
Notes of Decisions
Cited in
18
cases (
3 in the last 5 years), 1978–2026 · leading case:
Whimbush v. People, 869 P.2d 1245 (Colo. 1994).
Whimbush v. People, 869 P.2d 1245 (Colo. 1994).
· cites it 48× “8, § 18-3-207, 1975 Colo.Sess.Laws 616, 618.”
People v. Czemerynski, 786 P.2d 1100 (Colo. 1990).
· cites it 7× “Finally Czemerynski argues that the felony criminal extortion statute, section 18-3-207, 8B C.R.S. (1986), violates the equal protection guarantees of the Colorado Constitution, Article II, Section 25, because the same conduct is punished by the misdemeanor harassment statute,…”
v. Deutsch, 2020 COA 114 (Colo. Ct. App. 2020).
· cites it 9× “§ 18-3-207(1), C.R.S. 2019. Thus, to commit criminal extortion, a person must (1) make a substantial threat to another person; (2) make this threat without legal authority and with the intent to 10 induce the other person to perform an act; and (3) threaten to cause the result,…”
People v. Shell, 148 P.3d 162 (Colo. 2006).
· cites it 3× “(2006)), extortion (section 18-3-207, C.R.S. (2006)), or criminal solicitation (section 18-2-301, C.”
People v. Hickman, 988 P.2d 628 (Colo. 1999).
· cites it 4× “(1986), read in pertinent part: Whoever without legal authority threatens to confine, restrain, or cause economic or bodily injury to the threatened person or another or to damage the property, economic well-being, or reputation of the threatened person or another with intent…”
People v. Gallegos, 260 P.3d 15 (Colo. Ct. App. 2010).
· cites it 3× “" § 18-3-207(1), C.R.S.2009. Count two of the indictment alleged that Gallegos "unlawfully, feloniously, and with the intent to induce [TS.”
People v. Campbell, 174 P.3d 860 (Colo. Ct. App. 2007).
· cites it 8× “Constitutionality of Section 18-3-207, C.R.S8.2007 Defendant next contends that the criminal extortion statute, section 18-8-207, is unconstitutionally overbroad because it infringes upon protected free speech.”
People v. Hearty, 644 P.2d 302 (Colo. 1982).
· cites it 3× “Section 18-3-207, C.R.S.1973 (1981 Supp.).”
People v. Rosenberg, 572 P.2d 1211 (Colo. 1978).
· cites it 6× “Burke were convicted of criminal extortion, section 18-3-207, C.R.S. 1973 (1976 Supp.”
v. Knox, 2019 COA 152 (Colo. Ct. App. 2019).
· cites it 5× “§ 18-3-207. Thus, as a Colorado federal district court decision explained, proof of extortion requires the prosecution to prove (i) a person, lacking legal authority to do so, ma[de] a threat to .”
People v. Janousek, 871 P.2d 1189 (Colo. 1994).
· cites it 2× “1994), that § 18-3-207(1), 8B C.R.S. (1986) (the Colorado criminal extortion statute), was unconstitutionally overbroad on its face.”
People v. Hamer, 689 P.2d 1147 (Colo. Ct. App. 1984).
· cites it 2× “On April 2, 1982, defendant was charged with criminal extortion, § 18-3-207, C.R.S. (1978 Repl.Vol. 8), and on April 9, 1982, he pled not guilty to the charge.”
— Colo. Rev. Stat. § 18-3-207(1) — 8 cases
Whimbush v. People, 869 P.2d 1245 (Colo. 1994).
“8, § 18-3-207, 1975 Colo.Sess.Laws 616, 618.”
People v. Hickman, 988 P.2d 628 (Colo. 1999).
“(1986), read in pertinent part: Whoever without legal authority threatens to confine, restrain, or cause economic or bodily injury to the threatened person or another or to damage the property, economic well-being, or reputation of the threatened person or another with intent…”
People v. Gallegos, 260 P.3d 15 (Colo. Ct. App. 2010).
“" § 18-3-207(1), C.R.S.2009. Count two of the indictment alleged that Gallegos "unlawfully, feloniously, and with the intent to induce [TS.”
v. Deutsch, 2020 COA 114 (Colo. Ct. App. 2020).
“§ 18-3-207(1), C.R.S. 2019. Thus, to commit criminal extortion, a person must (1) make a substantial threat to another person; (2) make this threat without legal authority and with the intent to 10 induce the other person to perform an act; and (3) threaten to cause the result,…”
People v. Janousek, 871 P.2d 1189 (Colo. 1994).
“1994), that § 18-3-207(1), 8B C.R.S. (1986) (the Colorado criminal extortion statute), was unconstitutionally overbroad on its face.”
— Colo. Rev. Stat. § 18-3-207(1)(a) — 3 cases
v. Deutsch, 2020 COA 114 (Colo. Ct. App. 2020).
“§ 18-3-207(1), C.R.S. 2019. Thus, to commit criminal extortion, a person must (1) make a substantial threat to another person; (2) make this threat without legal authority and with the intent to 10 induce the other person to perform an act; and (3) threaten to cause the result,…”
v. Knox, 2019 COA 152 (Colo. Ct. App. 2019).
“§ 18-3-207. Thus, as a Colorado federal district court decision explained, proof of extortion requires the prosecution to prove (i) a person, lacking legal authority to do so, ma[de] a threat to .”
People v. Gallegos, 260 P.3d 15 (Colo. Ct. App. 2010).
“" § 18-3-207(1), C.R.S.2009. Count two of the indictment alleged that Gallegos "unlawfully, feloniously, and with the intent to induce [TS.”
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