2021 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 6 - Offenses Relating to Judicial and Other Proceedings
§ 18-8-615. Retaliation Against a Judge or an Elected Official - Definitions

1. 1. An individual commits retaliation against a judge if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harassment, as defined in section 18-9-111 (1), or an act of harm or injury upon a person or property as retaliation or retribution against a judge, which action is directed against or committed upon:
      1. A judge who has served or is serving in a legal matter assigned to the judge involving the individual or a person on whose behalf the individual is acting;
      2. A member of the judge's family;
      3. A person in close relationship to the judge; or
      4. A person residing in the same household with the judge.

   2. An individual commits retaliation against a judge by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat:
      1. Directly to the judge; or
      2. To another person:
         1. If the individual intended that the communication would be relayed to the judge; or
         2. If the other person is required by statute or ethical rule to report the communication to the judge. (1.5)
            1. An individual commits retaliation against an elected official if the individual knowingly makes a credible threat as retaliation or retribution against the elected official or arising out of the status of the person as an elected official and is directed against or committed upon:
               1. An elected official;
               2. A member of the elected official's family;
               3. A person in close relationship to the elected official; or
               4. A person residing in the same household with the elected official.

            2. For purposes of this subsection (1.5):
               1. “Credible threat” means 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 his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.
               2. “Elected official” means any person who is serving in an elected position in the state of Colorado at any level of government.

2. 1. Retaliation against a judge is a class 4 felony.
   2. Retaliation against an elected official is a class 6 felony.

3. As used in this section, unless the context otherwise requires, “judge” means any justice of the supreme court, judge of the court of appeals, district court judge, juvenile court judge, probate court judge, water court judge, county court judge, district court magistrate, county court magistrate, municipal judge, administrative law judge, or unemployment insurance hearing officer.

History. Source: L. 2008: Entire section added, p. 1028, § 1, effective July 1. L. 2010: IP(1)(a) amended,(HB 10-1233), ch. 88, p. 296, § 6, effective August 11. L. 2021: (1.5) added and (2) amended,(SB 21-064), ch. 190, p. 1007, § 1, effective July 1.

Section 6 of chapter 190 (SB 21-064), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after July 1, 2021.

To violate subsection (1)(b)(II)(B), a person must know that the person to whom the threat is made has a duty to report the threat. The general assembly did not intend to limit the application of the mens rea of “knowingly” to any particular element of subsection (1)(b). People v. Berry, 292 P.3d 954 (Colo. App. 2011).