2021 Colorado Code
Title 18 - Criminal Code
Article 9 - Offenses Against Public Peace, Order, and Decency
Part 1 - Public Peace and Order
§ 18-9-116. Throwing Missiles at Vehicles - Harassment of Bicyclists

Universal Citation: CO Code § 18-9-116 (2021)
  1. [ ] Any person who knowingly projects any missile at or against any vehicle or equipment designed for the transportation of persons or property, other than a bicycle, commits a class 1 petty offense.
  2. Any person who knowingly projects any missile at or against a bicyclist commits a class 2 misdemeanor.
  3. As used in this section, “missile” means any object or substance.
Editor's note: This version of subsection (1) is effective until March 1, 2022.

(1) [ ] Any person who knowingly projects any missile at or against any vehicle or equipment designed for the transportation of persons or property, other than a bicycle, commits a civil infraction.

Editor's note: This version of subsection (1) is effective March 1, 2022.

History. Source: L. 71: R&RE, p. 471, § 1. C.R.S. 1963: § 40-9-117 . L. 77: Entire section amended, p. 969, § 57, effective July 1. L. 2009: Entire section amended,(SB 09-148), ch. 239, p. 1090, § 7, effective August 5. L. 2021: (1) amended,(SB 21-271), ch. 462, p. 3204, § 320, effective March 1, 2022.


Editor's note:

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

ANNOTATION

Littering is not a lesser included offense of throwing a missile at a vehicle. A throwing a missile offense is completed once a person knowingly projects a missile, regardless of where it lands. A littering offense is completed only if the object later lands on property. The two offenses occur sequentially and not simultaneously. People v. Kern, 2020 COA 96 , 474 P.3d 197.


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