(1) A person commits intimidating a witness or victim if:
(a) By use of a threat, act of harassment as defined in section 18-9-111, or act of harm or injury to any person or property directed to or committed upon:
(I) A witness in any criminal or civil proceeding;
(II) A victim of any crime;
(III) A person he or she believes has been or is to be called or who would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime;
(IV) A person he or she believes may have information relevant to a criminal investigation;
(V) A member of the witness's family;
(VI) A member of the victim's family;
(VII) A person in close relationship to the witness or victim;
(VIII) A person residing in the same household with the witness or victim;
(IX) A person he or she believes may be able to exert influence upon the witness or victim; or
(X) Any person who has reported a crime or who may be called to testify or who testifies as a witness to or victim of any crime; and
(b) He or she intentionally attempts to or does:
(I) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or
(II) Induce the witness or victim to avoid legal process summoning him or her to testify; or
(III) Induce the witness or victim to absent himself or herself from an official proceeding; or
(IV) Inflict such harm or injury prior to such testimony or expected testimony; or
(V) Influence the witness, victim, or any person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or a defense investigator.
(2) Intimidating a witness or victim is a class 4 felony.
Source: L. 84: Entire part added, p. 501, § 4, effective July 1. L. 88: IP(1) amended, p. 714, § 23, effective July 1. L. 90: IP(1) amended, p. 987, § 11, effective April 24. L. 91: IP(1) amended, p. 407, § 15, effective June 6. L. 2003: IP(1) amended, p. 1433, § 27, effective July 1. L. 2004: (1)(c) amended, p. 435, § 2, effective July 1. L. 2018: IP(1) amended, (SB 18-169), ch. 162, p. 1127, § 1, effective July 1. L. 2022: (1) amended, (SB 22-024), ch. 26, p. 161, § 1, effective July 1.
Editor's note: This section is similar to former § 18-8-604 as it existed prior to 1984.
Notes of Decisions
Cited in
16
cases (
4 in the last 5 years), 1995–2025 · leading case:
People v. Cunefare, 102 P.3d 302 (Colo. 2004).
People v. Cunefare, 102 P.3d 302 (Colo. 2004).
· cites it 10× “We have guidance here, in that we have addressed this language in the context of a similar statute dealing with intimidating a witness.”
People v. Rester, 36 P.3d 98 (Colo. Ct. App. 2001).
· cites it 3× “See § 18-8-704(1), C.R.S$.2000;, COLJI-Crim. No.”
People v. Hickman, 988 P.2d 628 (Colo. 1999).
· cites it 2× “[17] See § 18-8-703 ("Bribing a witness or victim"); § 18-8-704 ("Intimidating a witness or victim"); § 18-8-705 ("Aggravated intimidation of a witness or victim"); and § 18-8-707 ("Tampering with a witness or victim").”
Grynberg v. Arkansas Oklahoma Gas Corp., 116 P.3d 1260 (Colo. Ct. App. 2005).
· cites it 4× “As stated above, § 18-8-708(2) requires all individuals eligible under § 18-8-708(1) to have suffered physical injury or property damage as the result of a violation of §§ 18-8-704,18-8-705, or 18-8-706. For purposes of this discussion, we assume that the Grynbergs sufficiently…”
People v. Gibbens, 905 P.2d 604 (Colo. 1995).
“); and intimidating a witness, § 18-8-704, 8B C.R.S. (1986 & 1995 Supp.).”
People v. Gardner, 919 P.2d 850 (Colo. Ct. App. 1995).
· cites it 10× “), violates her constitutional right to equal protection of the law when it is analyzed in conjunction with the statute prohibiting intimidation of a witness, § 18-8-704, C.R.S. (1986 RepLVol. 8B). Defendant argues that conduct prohibited by § 18-8-706 is not significantly…”
People v. Jones, 140 P.3d 325 (Colo. Ct. App. 2006).
· cites it 4× “2005; intimidating a victim, § 18-8-704, C.R.S.2005; and menacing, § 18-3-206, C.”
v. Roehrs, 2019 COA 31 (Colo. Ct. App. 2019).
· cites it 2× “§ 18-8-704(1)(a), C.R.S. 2018; § 18-8-706, C.”
Palmer v. Diaz, 214 P.3d 546 (Colo. Ct. App. 2009).
· cites it 2× “(2) Any person who is eligible pursuant to subsection (1) of this section who suffers any physical injury or property damage as the result of the commission of intimidating a witness or vietim pursuant to section 18-8-704, aggravated intimidation of a witness or victim pursuant…”
People v. Coney, 98 P.3d 930 (Colo. Ct. App. 2004).
“See §§ 18-8-704, 18-8-705, 18-8-706, C.R.S8.2008.”
People v. Rivas, 13 P.3d 315 (Colo. 2000).
“Even after a juvenile has invoked the right to counsel during custodial interrogation, law enforcement officials are not obliged to prevent him from reinitiating conversation with them and volunteering information.”
— Colo. Rev. Stat. § 18-8-704(1) — 2 cases
People v. Rester, 36 P.3d 98 (Colo. Ct. App. 2001).
“See § 18-8-704(1), C.R.S$.2000;, COLJI-Crim. No.”
— Colo. Rev. Stat. § 18-8-704(1)(a) — 3 cases
v. Roehrs, 2019 COA 31 (Colo. Ct. App. 2019).
“§ 18-8-704(1)(a), C.R.S. 2018; § 18-8-706, C.”
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