Stalking is a serious crime in Colorado. If you are facing allegations of stalking, you could be subject to strict penalties and a tarnished reputation. You need a skilled lawyer on your side who can lodge an aggressive defense on your behalf. The Law Office of Elaine E. Lukic can discuss your case during a confidential meeting and how we can help.
How Stalking Is Defined Under Colorado Law
Many people don’t know what legally constitutes stalking. Colorado Revised Statutes (C.R.S. § 18-3-602) defines the crime of stalking as making a credible threat to another person and, in connection with that threat, does any of the following:
- Repeatedly follows, approaches, contacts, or places the person, a member of their immediate family, or another person with whom they have a continuing relationship under surveillance
- Repeatedly contacts the person or puts them, a member of their immediate family, or another person with whom they have a continuing relationship under surveillance
- Repeatedly follows, approaches, contacts, or places the person, a member of their immediate family, or another person with whom they have a continuing relationship under surveillance in such a way that would cause a reasonable person to suffer serious emotional distress and does cause such distress to that person or object of surveillance
What Is a Credible Threat?
Many people charged with stalking in Colorado believe that they will not be convicted because they did not physically threaten the alleged victim. However, a “credible threat,” as required under the criminal statute, can involve phone calls, text messages, social media exchanges, in-person contact, or even non-verbal interactions. Some cases do not even require a direct expression of the threat if a reasonable person would experience fear based on the totality of the conduct.
Stalking Vs. Harassment
Many people wonder whether stalking and harassment are the same thing. However, they are not. Stalking and harassment both require a course of conduct committed over a period of time, but a stalking conviction requires the prosecution to show there was a credible threat that placed the alleged victim or object of surveillance in reasonable fear of serious injury, assault, or death. To prove harassment charges, the prosecution need only show the defendant engaged in a course of conduct to annoy or harass the victim.
Penalties for Stalking in Colorado
Because stalking is considered an extraordinary risk crime that poses a substantial risk of harm to society, penalties for stalking are harsher than they are for less serious offenses such as harassment. A first offense is classified as a Class 5 felony, which carries a potential penalty of one to four years imprisonment, mandatory two-year parole, and a fine between $1,000 to $100,000. A second or subsequent offense committed within seven years is classified as a Class 4 felony, which increases penalties to two to eight years in prison, mandatory three-year parole, and a fine between $2,000 and $500,000. Additional penalties can apply if the alleged victim had a protective order against the defendant.
Call an Experienced Criminal Defense Attorney for Help with Your Case
If you are facing stalking or related charges, contact me, Elaine Lukic, for immediate legal assistance. I have over 25 years of legal experience that I can immediately put to use on your case. Contact my office today for a confidential case review.