Any person who attempts to
influence any public servant by means of deceit or by threat of violence or economic reprisal
against any person or property, with the intent thereby to alter or affect the public servant's
decision, vote, opinion, or action concerning any matter which is to be considered or performed
by the public servant or the agency or body of which the public servant is a member, commits a
class 4 felony. A violation of this section does not include providing false identifying
information to law enforcement authorities pursuant to section 18-8-111.5, and a person who
commits the offense of providing false identifying information to law enforcement authorities
shall not be convicted for a violation of this section.
Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-306. L. 2021: Entire section
amended, (SB 21-271), ch. 462, p. 3200, § 295, effective March 1, 2022.
Cross references: For interference with the legislative process, see part 4 of article 2 of
title 2; for legislative witnesses, see § 8-2.5-101.
Notes of Decisions
Cited in
39
cases (
12 in the last 5 years), 1985–2026 · leading case:
People v. Janousek, 871 P.2d 1189 (Colo. 1994).
People v. Janousek, 871 P.2d 1189 (Colo. 1994).
· cites it 72× “This appeal was taken by the prosecution to review the Eagle County District Court's order finding section 18-8-306, 8B C.R.S. (1986), [1] unconstitutionally vague and overbroad on its face under the state and federal constitutions, [2] and its dismissal of the charge against…”
v. People, 2020 CO 54 (Colo. 2020).
· cites it 7× “Turning first to the statute, section 18-8-306, C.R.S. (2019), prohibits a person from attempting to influence a public servant by means of deceit with the intent to affect the public servant’s decision, opinion, or action: Any person who attempts to influence any public servant…”
People v. Stanley, 170 P.3d 782 (Colo. Ct. App. 2007).
· cites it 29× “Defendant, Richard Eugene Stanley, appeals his convictions for two counts of attempting to influence a public official, contending, among other things, that the statute he was convicted of violating, § 18-8-306, C.R.S.2006, was applied to him in violation of his right to freedom…”
People v. Norman, 703 P.2d 1261 (Colo. 1985).
· cites it 12× “He also argues that section 18-8-306, 8 C.R.S. (1978), is unconstitutionally vague and overbroad.”
People v. Sena, 2015 COA 161 (Colo. Ct. App. 2016).
· cites it 15× “¶ 4 The People charged defendant with one count of attempt to influence a public servant, defined in section 18-8-306, C.R.S. 2016. Section 18-8-306 provides, in pertinent part, that “[a]ny person who attempts to influence *1150 any public servant by means of deceit .”
v. Barnett, 2020 COA 167 (Colo. Ct. App. 2020).
· cites it 28× “The division determines that based on the language in section 18-8-306, C.R.S. 2020, an employee of such an organization is in this situation a “public servant” performing a government function.”
v. Knox, 2019 COA 152 (Colo. Ct. App. 2019).
· cites it 38× “Knox — Crimes — Attempt to Influence a Public Servant — Criminal Extortion A division of the court of appeals considers whether police officers are “public servants” under section 18-8-306, C.R.S. 2019. The division concludes that the statute is ambiguous; thus, it relies on the…”
v. Tee, 2018 COA 84 (Colo. Ct. App. 2018).
· cites it 14× “¶ 45 Under section 18-8-306, C.R.S. 2017, [a]ny person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant’s decision, vote,…”
People v. Riley, 2015 COA 152 (Colo. Ct. App. 2015).
· cites it 13× “¶ 6 Based on the altered hotel receipt, the People charged defendant with attempt to influence a public servant in violation of section 18-8-306; C.R.S. 2015,’ tampering with physical evidence in violation of section 18-8-610(l)(b), C.”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
· cites it 6× “Section 18-8-306, C.R.S. 2005. Section 18-8-306 clearly prohibits a person from using deceit or threats of violence or economic reprisal to influence a public servant’s actions.”
People v. Montante, 351 P.3d 530 (Colo. Ct. App. 2015).
· cites it 5× “§ 18-8-306. Because the evidence proving this offense also would have proved medical marijuana registry fraud, a jury rationally could not have convicted defendant of medical marijuana registry fraud but aequit-ted him of attempt to influence a public servant.”
People v. Schupper, 353 P.3d 880 (Colo. Ct. App. 2014).
“2013; attempt to influence a public servant, §§ 18-8-306, C.R.$.2013, and 18-1-105(9.5); and computer crime, § 18-5.”
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