Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5

By H. Michael Steinberg – Colorado Domestic Violence Criminal Defense Lawyer

 

Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5 – In a Colorado domestic violence case – there are often common characteristics in the charges filed against the accused. Many times one party – seeking to call 911 – is forced by the other party to either hang up the phone or otherwise – in some form – interrupt the call by the damage or destruction of the phone itself – usually a cell phone.

In this scenario – one of two charges is usually filed… Obstruction of Telephone Service 18-9-306.5 or Wiretapping 18-9-303. If the phone is broken or a line cut – an additional charge of criminal mischief is also possible.

An Obstruction of Telephone Service Attorney in Denver Colorado can explain these charges more fully in a free consult – but in the meantime – here are the “elements” – of the offenses

Obstruction of Telephone Service C.R.S. 18-9-306.5:

A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.

The Potential Penalties and Sentence for the Colorado Crime of Obstruction of Telephone Service C.R.S. 18-9-306.5:

Telephone Obstruction is a class 1 misdemeanor. In the State of Colorado, a class 1 misdemeanor carries a maximum possible punishment of up to eighteen (18) months in jail and up to a $5,000.00 fine.

Wiretapping Prohibited C.R.S. 18-9-303

(1) Any person not a sender or intended receiver of a telephone or telegraph communication commits wiretapping if he:

(a) Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without the consent of either a sender or a receiver thereof or attempts to do so; or

(b) Intentionally overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication for the purpose of committing or aiding or abetting the commission of an unlawful act; or

(c) Knowingly uses for any purpose or discloses to any person the contents of any such communication, or attempts to do so, while knowing or having reason to know the information was obtained in violation of this section; or

(d) Knowingly taps or makes any connection with any telephone or telegraph line, wire, cable, or instrument belonging to another or with any electronic, mechanical, or other device belonging to another or installs any device whether connected or not which permits the interception of messages; or

(f) Knowingly uses any apparatus to unlawfully do, or cause to be done, any act prohibited by this section or aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.

(2) Wiretapping is a class 6 felony; except that, if the wiretapping involves a cordless telephone, it is a class 1 misdemeanor.

The Potential Penalties and Sentence for the Colorado Crime of Wiretapping Prohibited C.R.S. 18-9-303

Wiretapping can be charged as a class 1 misdemeanor. In the State of Colorado, a class 1 misdemeanor carries a maximum possible punishment of up to eighteen (18) months in jail and up to a $5,000.00 fine. It can also be charged – (see the statute) as a class 6 felony – which is punishable by a sentence to prison (DOC) for a period of 1 year to 18 months and a $100,000.00 fine.

Some Things To Consider And Ask Yourself Before You Call Colorado Police – 911

Is the person you are calling the police to come to the scene to arrest your enemy? If you inform the police of an even a minor or suspected act of domestic violence – that person will be arrested.

If you call 911 and then hangup – it amounts to the same thing. Once the numbers 911 are dialed – that is the point of no return. You cannot take the call back. Your life and the life of your significant other may never be the same after the police arrive.  Make the decision to call 911 carefully and with a great deal of thought to the consequences.

A Quick Note On Calls From The Jail – Calls You Make From The Jail Are Monitored And Or Recorded – This IS NOT Wiretapping Under Colorado Law

If you are in custody on an act of domestic violence and you make calls on the jail provided phone- jail officials are recording these calls. If you make incriminating statements – they will be used against you in the prosecution. These calls are not in violation of Colorado’s wiretapping statutes, sections 16-15-102(10) and 18-9-303, C.R.S.2010 because you have “no reasonable expectation of privacy in them.” .

To qualify as wiretapping – a call must be “unlawfully intercepted” under § 16-15-102(10). Where a party consents to interception of a telephone call, the call is not ” unlawfully” intercepted, and statements contained in the contents of the call are admissible at trial. By using the jail phone – you are consenting to having your conversations recorded… don’t make this common mistake.

Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5

H. Michael Steinberg – Obstruction of Telephone Service Wiretapping Attorney in Colorado

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected]. A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

A Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. If you are seeking counsel there maybe other more specific technical or legal advice on the information provided and related topics. For that, please contact the author.

If you are charged with A Colorado crime or you have questions about the topic of this article – Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service C.R.S. 18-9-306.5, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

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and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article – Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5.