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• Domestic Violence Blog
• Colorado Criminal Law – Expert Testimony In Colorado Domestic Violence Cases – Unfair and Unjust
• Electronic Cyberstalking And Colorado’s Domestic Violence “Stalking” Crimes – 18-3-602 CRS
• Colorado Criminal Law – When The DA Can’t Plea Bargain – Domestic Violence and DUI Cases
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• Parental Kidnapping – Custodial Interference Cases In Colorado – Section 18-3-304
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• FAQ: Colorado Criminal Defense Law – Domestic Violence Cases and The Right to Refuse to Testify Based on the 5th Amendment’s Right to NOT Incriminate Oneself
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• FAQ: Colorado Criminal – Domestic Violence Defense Law – What is Strangulation? What Does The Word Strangle Mean?
• FAQ: Colorado Criminal Firearms Laws – The Impact of Colorado Criminal Convictions On The Right To Bear Arms Under Federal Law
• Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado
• How Denver City Domestic Violence Cases Are Different – The Denver Municipal Ordinance Domestic Violence Exception
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• Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
• Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
• Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
• Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
• Finding The Best Colorado Domestic Violence Criminal Defense Lawyer – Don’t Be “Handed Off” To Another Lawyer In The Firm – One You Did NOT Retain!
• Meeting With Your Colorado Domestic Violence Criminal Defense Lawyer For The First Time – Making The Decision To Retain A Lawyer
• Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
• Colorado Domestic Violence: An Industry
• FAQ: Colorado Domestic Violence Cases Part II
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  • Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
• Attorney Profile
• H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
• Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
• Key Colorado Domestic Violence Issues
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• Police Contact in Colorado – What Are My Rights?
• Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
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• Colorado Restraining Orders
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• Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
• Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
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• Understanding the Crime of Stalking in Colorado – A Case In Point
• Colorado Domestic Violence No Contact Orders
• Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
• Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
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• Colorado Domestic Violence Fast Track Programs
• Colorado Law Harassment Stalking Statute
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• Colorado Domestic Violence Cases – A Birds Eye View
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• The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
• Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
• Transferring Probation Out Of Colorado – The Interstate Compact
• Colorado Domestic Violence Treatment Requirements
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• Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
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• Domestic Violence and Syndrome Evidence
• Federal Domestic Violence Laws Overview
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• Colorado Criminal Domestic Violence Resources
  • 2011 Colorado Domestic Violence Treatment Providers By County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Jefferson County
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• The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
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Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado

What is Stalking

Stalking is the willful, repeated harassment of another person often this involves intimate partners in a domestic violence relationship. The media frequently report incidents in which the stalker is a stranger to or co-worker of the victim, but a stalker can be charged as any person whose behavior repeatedly harasses another person.

Types of Stalking in General

First: Simple Obsessional – parties are or were involved in an interpersonal relationship

Second: Love Obsessional – no relationship present;

Third: Erotmania – stalker believes she/she is in love with subject (movie star example).

Colorado’s Stalking Law

Colorado State Legislature Makes Stalking Cases A Priority

C.R.S. § 18-3-601.The general assembly found that stalking is a serious problem in this state and nationwide. The general assembly enacted the provisions of this statute to encourage and authorize effective intervention before stalking can escalate into behavior that has even more serious consequences.

Respond As Soon As Possible

C.R.S. § 18-3-602(7). –  A Peace Officer SHALL have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating such report.

There are Three Types of Stalking in Colorado Under The Law – CR.S. § 18-3-602.

1. CREDIBLE THREAT WITH REPEATED FOLLOWING.

A person commits stalking if directly, or indirectly through another person, such person knowingly:

(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship.

2. CREDIBLE THREAT WITH REPEATED COMMUNICATION.

A person commits stalking if directly, or indirectly through another person, such person knowingly:

(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues.

3. SEVERE EMOTIONAL DISTRESS.

A person commits stalking if directly, or indirectly through another person, such person knowingly:

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

Other Related Definitions

C.R.S. § 18-3-602(2).

Conduct “In Connection With” a Credible Threat

Acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat

Credible Threat

(a) A threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person¡|s safety, or the safety of their immediate family, or someone with whom the person has or has had a continuing relationship with.

(b) The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

Immediate Family

The person’s spouse, and the person¡|s parents, grandparents, siblings or children.

Repeated or Repeatedly

On more than one occasion (two or more).

Sentencing In Colorado Stalking Cases

C.R.S. § 18-3-602(a).

A person who commits stalking:

Relevant Statutes C.R.S. § 18-3-602(b), C.R.S. § 18-1.3-401(10), C.R.S. § 18-3-602(4).C.R.S. § 18-6-803.5. C.R.S. § 18-3-602(5)(b), C.R.S. § 18-3-602(5)(b).

Commits a class 5 felony for a first offense (if there was not ANY type of protection order or no contact bond condition in effect at the time); or

Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

Stalking is an Extraordinary Risk Crime subject to modification of presumptive range in the C.R.S.

If, at the time of the offense, there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.

In addition, when a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentence imposed for the violation pursuant to this subsection (5) shall run consecutively and not concurrently with any sentence imposed pursuant to section 18-6-803.5 and with any sentence imposed in a contempt proceeding for violation of the court order.

Other Crimes Related to Stalking

C.R.S. § 18-4-202 -203. Burglary

C.R.S. § 18-4-401. Theft

C.R.S. § 18-4-501. Criminal Mischief

C.R.S. § 18-4-502. Criminal Trespass

C.R.S. § 18-6-803.5.Violation of Protection Order Violation of Civil Protection Order (Misdemeanor 2).Violation of Criminal Protection Order (Misdemeanor 1)

C.R.S. § 18-9-111(b), (c), (e), (f), (g). Harassment

C.R.S. § 18-9-306.5.Obstructing Telephone Services

Bond and Bail Issues In Colorado Stalking Cases

C.R.S. § 16-4-105.(a) Bond Considerations. Courts often set higher bonds in Stalking cases.

Using this Law – (sections from Colorado Bail Staute)

(1)(j) Any facts indicating the possibility of violations of law if the defendant is released without restrictions.

(1)(k) Any facts indicating a likelihood that there will be an intimation or harassment of possible witnesses by the defendant.

Bond Conditions. Courts often increase the severity of bond conditions on Stalking cases such as:

Expanded Protection Orders under C.R.S. 18-1-1001 (3);

and

Electronic Monitoring/GPS.

Longer Sentences

Sentencing Consideration. Courts should consider sentences that deter stalking behavior.

Courts believe that lengthy sentences to incarceration eliminate the stalkers direct access to the victim.

No Contact Orders In Colorado Stalking Cases

It is appropriate to make no contact provisions a condition of any sentence from probation to prison.

• Understanding the Crime of Stalking in Colorado – A Case In Point
• Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
• Colorado Law Domestic Violence Cases Harasment – Stalking
• Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
• Colorado Law Harassment Stalking Statute