(1) A person commits harassment if,
with intent to harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical
contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at
another person; or
(c) Follows a person in or about a public place; or
(d) Repealed.
(e) Directly or indirectly initiates communication with a person or directs language
toward another person, anonymously or otherwise, by telephone, telephone network, data
network, text message, instant message, computer, computer network, computer system, or other
interactive electronic medium in a manner intended to harass or threaten bodily injury or
property damage, or makes any comment, request, suggestion, or proposal by telephone,
computer, computer network, computer system, or other interactive electronic medium that is
obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a
conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of
another and interfere in the use and enjoyment of another's home or private residence or other
private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively
coarse language to, another in a manner likely to provoke a violent or disorderly response.
(1.5) As used in this section, unless the context otherwise requires, "obscene" means a
patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual
acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated,
including masturbation, cunnilingus, fellatio, anilingus, or excretory functions.
(2) (a) A person who violates subsection (1)(a) or (1)(c) of this section or violates any
provision of subsection (1) of this section with the intent to intimidate or harass another person,
in whole or in part, because of that person's actual or perceived race; color; religion; ancestry;
national origin; physical or mental disability, as defined in section 18-9-121; sexual orientation,
as defined in section 18-9-121; or transgender identity commits a class 1 misdemeanor.
(b) A person who violates subsection (1)(e), (1)(f), (1)(g), or (1)(h) of this section
commits a class 2 misdemeanor.
(c) A person who violates subsection (1)(b) of this section commits a petty offense.
(3) Any act prohibited by paragraph (e) of subsection (1) of this section may be deemed
to have occurred or to have been committed at the place at which the telephone call, electronic
mail, or other electronic communication was either made or received.
(4) to (6) Repealed.
(7) Paragraph (e) of subsection (1) of this section shall be known and may be cited as
"Kiana Arellano's Law".
(8) This section is not intended to infringe upon any right guaranteed to any person by
the first amendment to the United States constitution or to prevent the expression of any
religious, political, or philosophical views.
Source: L. 71: R&RE, p. 469, § 1. C.R.S. 1963: § 40-9-111. L. 76: (1)(e) R&RE and
(1.5) added, p. 561, §§ 1, 2, effective May 21. L. 81: (1)(e) amended, p. 981, § 6, effective May
13. L. 90: (1)(d) repealed, p. 926, § 11, effective March 27. L. 92: (2) amended and (4) to (6)
added, p. 413, § 1, effective July 1. L. 93: (5)(a) amended and (5)(a.5) added, p. 1703, § 1,
effective July 1. L. 94: IP(1), (1)(g), and (1)(h) amended, p. 1463, § 3, effective July 1; (4) and
(5) amended, p. 2018, § 1, effective July 1; (5)(b) amended, p. 1719, § 14, effective July 1. L.
95: (5) amended, p. 1258, § 26, effective July 1. L. 97: (4)(b)(I) amended, p. 1540, § 4, effective
July 1. L. 99: (2), (4), and (5) amended, pp. 795, 792, §§ 4, 1, effective July 1. L. 2000: (1)(e)
and (3) amended, p. 693, § 4, effective July 1. L. 2003: (5)(b) amended, p. 1014, § 23, effective
July 1. L. 2004: (5)(a.7) added, p. 636, § 11, effective August 4. L. 2009: (1)(e) amended, (HB
09-1132), ch. 341, p. 1793, § 4, effective July 1. L. 2010: (4), (5), and (6) repealed, (HB 10-
1233), ch. 88, p. 295, § 2, effective August 11. L. 2015: (1)(e) amended, and (7) and (8) added,
(HB 15-1072), ch. 120, p. 364, § 1, effective July 1. L. 2017: (2) amended, (HB 17-1188), ch.
185, p. 677, § 1, effective August 9. L. 2021: (2) amended, (SB 21-280), ch. 372, p. 2465, § 1,
effective June 28; (2) amended, (SB 21-271), ch. 462, p. 3203, § 314, effective March 1, 2022.
L. 2024: (2)(a) amended, (SB 24-189), ch. 305, p. 2068, § 2, effective July 1.
Editor's note: (1) Amendments to subsection (5) in House Bill 94-1045 and House Bill
94-1126 were harmonized.
(2) Subsections (4), (5), and (6) were relocated to part 6 of article 3 of this title in 2010.
(3) Amendments to subsection (2) by SB 21-280 and SB 21-271 were harmonized.
(4) In People v. Moreno, 2022 CO 15, 506 P.3d 849 (Colo. 2022), the Colorado Supreme
Court held that the phrase "intended to harass" in subsection (1)(e) is unconstitutionally
overbroad on its face, impermissibly encroaching on protected speech under the first amendment
of the United States Constitution and article II, section 10, of the Colorado Constitution.
(5) Section 4 of chapter 305 (SB 24-189), Session Laws of Colorado 2024, provides that
the act changing this section applies to offenses committed on or after July 1, 2024.
Cross references: For provisions concerning harassment by debt collectors or collection
agencies, see § 5-16-106.
Notes of Decisions
Cited in
98
cases (
33 in the last 5 years), 1975–2026 · leading case:
People v. Baer, 973 P.2d 1225 (Colo. 1999).
People v. Baer, 973 P.2d 1225 (Colo. 1999).
· cites it 67× “1, § 18-9-111, 1992 Colo. Sess. Laws. 413, 413.”
People v. Weeks, 591 P.2d 91 (Colo. 1979).
· cites it 63× “This appeal was taken by the prosecution to review an order dismissing five counts of an information which charged violations of section 18-9-111 (l)(e), C.R.S. 1973 (1976 Supp.”
People v. Hickman, 988 P.2d 628 (Colo. 1999).
· cites it 31× “[A] person commits harassment by stalking if directly or indirectly through another person such person knowingly: [[Image here]] (II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a…”
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
· cites it 34× “Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
in Interest of R.D, 2020 CO 44 (Colo. 2020).
· cites it 31× “The Act amending subsection (1)(e) also added a new subsection (8), which provides that “[section 18-9-111] is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the constitutionally protected…”
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
· cites it 52× “2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
v. Wright, 2021 COA 106 (Colo. Ct. App. 2021).
· cites it 17× “2 There are several subsections of section 18-9-111, C.R.S. 2020, which describe different forms of the crime of harassment.”
v. Burgandine, 2020 COA 142 (Colo. Ct. App. 2020).
· cites it 4× “1, § 18-9-111, 1999 Colo. Sess. Laws 793 . ¶ 26 Given that Ms.”
People v. Wagner, 2018 COA 68 (Colo. Ct. App. 2018).
· cites it 4× “Thus, the Herron division merged the defendant’s two stalking convictions under former section 18-9-111(4)(b)(I) (now codified at section 18-3- 602(1)(a)) and former section 18-9-111(4)(b)(III) (now codified at section 18-3-602(1)(c)).”
Thomas Pearson v. The People of the State of Colorado., 2022 CO 4 (Colo. 2022).
· cites it 9× “We conclude that a defendant can assert self-defense as an affirmative defense to the crime of harassment so long as there is some credible evidence to allow a reasonable jury to find that they [2] acted with intent to alarm, as outlined in section 18-9-111(1)(a), C.R.S. (2021),…”
People v. Norman, 703 P.2d 1261 (Colo. 1985).
· cites it 7× “Because defendant asserts that section 18-9-111(1)(d), 8 C.R.S. (1978), violates provisions of the United States and Colorado Constitutions, the appeal has been transferred to this court.”
— Colo. Rev. Stat. § 18-9-111(1) — 11 cases
People v. Hickman, 988 P.2d 628 (Colo. 1999).
“[A] person commits harassment by stalking if directly or indirectly through another person such person knowingly: [[Image here]] (II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a…”
People v. Weeks, 591 P.2d 91 (Colo. 1979).
“This appeal was taken by the prosecution to review an order dismissing five counts of an information which charged violations of section 18-9-111 (l)(e), C.R.S. 1973 (1976 Supp.”
— Colo. Rev. Stat. § 18-9-111(1)(a) — 16 cases
v. Wright, 2021 COA 106 (Colo. Ct. App. 2021).
“2 There are several subsections of section 18-9-111, C.R.S. 2020, which describe different forms of the crime of harassment.”
Thomas Pearson v. The People of the State of Colorado., 2022 CO 4 (Colo. 2022).
“We conclude that a defendant can assert self-defense as an affirmative defense to the crime of harassment so long as there is some credible evidence to allow a reasonable jury to find that they [2] acted with intent to alarm, as outlined in section 18-9-111(1)(a), C.R.S. (2021),…”
v. Burgandine, 2020 COA 142 (Colo. Ct. App. 2020).
“1, § 18-9-111, 1999 Colo. Sess. Laws 793 . ¶ 26 Given that Ms.”
— Colo. Rev. Stat. § 18-9-111(1)(b) — 2 cases
— Colo. Rev. Stat. § 18-9-111(1)(c) — 6 cases
— Colo. Rev. Stat. § 18-9-111(1)(d) — 3 cases
People v. Norman, 703 P.2d 1261 (Colo. 1985).
“Because defendant asserts that section 18-9-111(1)(d), 8 C.R.S. (1978), violates provisions of the United States and Colorado Constitutions, the appeal has been transferred to this court.”
— Colo. Rev. Stat. § 18-9-111(1)(e) — 20 cases
People v. Weeks, 591 P.2d 91 (Colo. 1979).
“This appeal was taken by the prosecution to review an order dismissing five counts of an information which charged violations of section 18-9-111 (l)(e), C.R.S. 1973 (1976 Supp.”
in Interest of R.D, 2020 CO 44 (Colo. 2020).
“The Act amending subsection (1)(e) also added a new subsection (8), which provides that “[section 18-9-111] is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the constitutionally protected…”
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(1)(f) — 2 cases
— Colo. Rev. Stat. § 18-9-111(1)(h) — 9 cases
v. Roehrs, 2019 COA 31 (Colo. Ct. App. 2019).
— Colo. Rev. Stat. § 18-9-111(2) — 2 cases
People v. Hickman, 988 P.2d 628 (Colo. 1999).
“[A] person commits harassment by stalking if directly or indirectly through another person such person knowingly: [[Image here]] (II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a…”
— Colo. Rev. Stat. § 18-9-111(4) — 2 cases
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
“2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
— Colo. Rev. Stat. § 18-9-111(4)(a) — 6 cases
People v. Baer, 973 P.2d 1225 (Colo. 1999).
“1, § 18-9-111, 1992 Colo. Sess. Laws. 413, 413.”
— Colo. Rev. Stat. § 18-9-111(4)(a)(I) — 2 cases
v. Burgandine, 2020 COA 142 (Colo. Ct. App. 2020).
“1, § 18-9-111, 1999 Colo. Sess. Laws 793 . ¶ 26 Given that Ms.”
People v. Baer, 973 P.2d 1225 (Colo. 1999).
“1, § 18-9-111, 1992 Colo. Sess. Laws. 413, 413.”
— Colo. Rev. Stat. § 18-9-111(4)(a)(II) — 4 cases
People v. Baer, 973 P.2d 1225 (Colo. 1999).
“1, § 18-9-111, 1992 Colo. Sess. Laws. 413, 413.”
People v. Hickman, 988 P.2d 628 (Colo. 1999).
“[A] person commits harassment by stalking if directly or indirectly through another person such person knowingly: [[Image here]] (II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a…”
— Colo. Rev. Stat. § 18-9-111(4)(b) — 4 cases
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
“2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
— Colo. Rev. Stat. § 18-9-111(4)(b)(D) — 1 case
— Colo. Rev. Stat. § 18-9-111(4)(b)(I) — 8 cases
People v. Wagner, 2018 COA 68 (Colo. Ct. App. 2018).
“Thus, the Herron division merged the defendant’s two stalking convictions under former section 18-9-111(4)(b)(I) (now codified at section 18-3- 602(1)(a)) and former section 18-9-111(4)(b)(III) (now codified at section 18-3-602(1)(c)).”
People v. Baer, 973 P.2d 1225 (Colo. 1999).
“1, § 18-9-111, 1992 Colo. Sess. Laws. 413, 413.”
People v. Hickman, 988 P.2d 628 (Colo. 1999).
“[A] person commits harassment by stalking if directly or indirectly through another person such person knowingly: [[Image here]] (II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a…”
— Colo. Rev. Stat. § 18-9-111(4)(b)(I1) — 1 case
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(b)(ID) — 1 case
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(b)(II) — 2 cases
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
“2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
— Colo. Rev. Stat. § 18-9-111(4)(b)(II1) — 1 case
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(b)(III) — 8 cases
People v. Wagner, 2018 COA 68 (Colo. Ct. App. 2018).
“Thus, the Herron division merged the defendant’s two stalking convictions under former section 18-9-111(4)(b)(I) (now codified at section 18-3- 602(1)(a)) and former section 18-9-111(4)(b)(III) (now codified at section 18-3-602(1)(c)).”
People v. Baer, 973 P.2d 1225 (Colo. 1999).
“1, § 18-9-111, 1992 Colo. Sess. Laws. 413, 413.”
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(b)(IIN) — 1 case
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(b)(IIl) — 1 case
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(c)(D) — 1 case
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(c)(I) — 2 cases
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
“2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
— Colo. Rev. Stat. § 18-9-111(4)(c)(ID) — 2 cases
People v. Carey, 198 P.3d 1223 (Colo. Ct. App. 2008).
“Defendant was charged in O8M1776 with violating section 18-9-111(1)(e), C.R. 8.2007, which provides that a person commits misdemeanor harassment if, with intent to harass, annoy, or alarm another person, he or she .”
— Colo. Rev. Stat. § 18-9-111(4)(c)(II) — 2 cases
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
“2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
— Colo. Rev. Stat. § 18-9-111(4)(c)(IV) — 1 case
People v. Chase, 411 P.3d 740 (Colo. Ct. App. 2013).
“2 At Chase's request, the trial court also instructed the jury on the lesser nonincluded offense of misdemeanor harassment by computer, section 18-9-111(1)(e), C.R.S.2012. After a two-day jury trial, the jury convicted Chase of three counts of felony stalking, one for each of…”
— Colo. Rev. Stat. § 18-9-111(5) — 1 case
— Colo. Rev. Stat. § 18-9-111(5)(b) — 1 case
— Colo. Rev. Stat. § 18-9-111(8) — 1 case
in Interest of R.D, 2020 CO 44 (Colo. 2020).
“The Act amending subsection (1)(e) also added a new subsection (8), which provides that “[section 18-9-111] is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the constitutionally protected…”
— Colo. Rev. Stat. § 18-9-111(e) — 3 cases
in Interest of R.D, 2020 CO 44 (Colo. 2020).
“The Act amending subsection (1)(e) also added a new subsection (8), which provides that “[section 18-9-111] is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the constitutionally protected…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.