In Colorado, intimidating a juror with threats of violence or damage is a criminal offense. Intimidating a juror involves using threats to influence a juror’s vote or opinion. Intimidating a juror is a class 4 felony.
Colorado Revised Statute § 18-8-608 reads as follows:
(1) A person commits intimidating a juror if he intentionally attempts by use of a threat of harm or injury to any person or property to influence a juror’s vote, opinion, decision, or other action as a juror. (2) Intimidating a juror is a class 4 felony.
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What is intimidating a juror?
- 2. Which jurors are included?
- 3. What are the penalties?
- 4. Related Offenses
1. What is intimidating a juror?
Intimidating a juror is using threats or acts of harm or injury to influence the juror’s decision. This includes attempts to influence the juror’s vote, opinion, decision, or other action.1
A defendant in a criminal or civil court case may want to influence the juror so that the jury finds in his or her favor. This could include a criminal court case where the defendant is facing jail time. Like most states, Colorado requires a unanimous jury verdict to convict a defendant in a criminal proceeding. Only one juror needs to say the defendant is not guilty and the defendant will not be found guilty.
It is not always the defendant who is trying to influence one or more jurors. The defendant’s family or friends may also try and intimidate a juror into voting a certain way. The defendant may not even be aware that someone else is trying to intimidate a juror on their behalf.
2. Which jurors are included?
A “juror” means any person who is a member of a jury or grand jury serving on a jury panel by any court in Colorado. It also includes any person who has been selected or summoned to attend as a prospective juror.2
A juror can serve on a criminal or civil case. In a criminal case, the defendant may be facing jail time, felony conviction, sex offender status, loss of privileges, or other penalties. In a civil case, the defendant or plaintiff may attempt to influence a juror where there is a lot of money at stake.
3. What are the penalties?
Intimidating a juror is a class 4 felony in Colorado.3 The minimum penalty for a class 4 felony conviction for intimidating a juror is 2 years in Colorado State Prison and a fine of $2,000. The maximum penalty for intimidating a juror is 6 years in prison and a fine of up to $500,000. In addition, there is a mandatory parole period of 3 years.
4. Related Offenses
4.1. Bribing a Juror C.R.S. 18-8-606
Bribing a juror involves offering or agreeing to offer money or any other benefit to a juror to influence the juror’s vote or opinion. Bribing a juror is a class 4 felony, with penalties including 2 to 6 years in prison and up to $500,000 in fines.
4.2. Witness Tampering C.R.S. 18-8-707
Tampering with a witness involves attempts to get a witness to withhold testimony, testify falsely, or be absent from an official proceeding. Tampering with a witness is a class 4 felony, with penalties including 2 to 6 years in prison and up to $500,000 in fines.
4.3. Retaliation Against a Witness C.R.S. 18-8-706
Retaliation against a witness or victim involves retaliating against a victim or witness through harassment or using threats of harm, injury or property damage. Retaliation against a witness is a class 3 felony, with penalties including 4 to 12 years in prison and up to $750,000 in fines.
4.4. Bribing a Witness C.R.S. 18-8-703
In Colorado, offering money or other benefits to a witness or victim of a crime to influence their decisions is bribing a witness. Bribing a witness is a felony. The penalties for bribery of a witness or victim includes up to 6 years in prison and a fine of up to $500,000.
Legal References
- C.R.S. 18-8-608(1)
- C.R.S. 18-8-601(1)
- C.R.S. 18-8-608(2)