You can be charged with criminal stalking in Colorado if you (1) make a credible threat against the victim and (2) engage in repeated behavior that causes the victim to be afraid or to suffer serious emotional distress. Stalking is a felony punishable by up to 4 years in prison and fines of up to $100,000.00.

It is not considered stalking in Colorado if:

• You only made a threat once,
• Your threat was not credible,
• Your threat was not against the person or their intimate partner or immediate family member,
• The other person was not, in fact, scared or distressed.

Consequences of a stalking conviction

Stalking is both a Colorado felony and an “extraordinary risk” crime.

First-time stalking penalties in Colorado can include:

• 1-4 years in Colorado State Prison (with mandatory 2-year parole), and/or
• A fine of $1,000-$100,000.

But if you stalked in violation of a protective order – or it is a second or subsequent stalking offense – penalties can increase to:

• 2-8 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000-$500,000.

You may also serve time for a separate misdemeanor if you violated a Colorado protective order – a sentence that will be served consecutively and in addition to your sentence for violating Colorado stalking laws.

To help you better understand Vonnie’s law, our top Denver Colorado criminal defense lawyers discuss the following, below:

• 1. What is considered stalking in Colorado?
  • 1.1. The legal definition of “credible threat”
  • 1.2. The legal definition of “immediate family”
  • 1.3. The legal definition of “repeated” or “repeatedly”
• 2. What are the penalties for stalking in Colorado?
  • 2.1. First-time offense
  • 2.2. Second or subsequent offense within 7 years of a prior stalking conviction
  • 2.3. Stalking in violation of a protective order or a condition of probation or parole
• 3. What are the defenses to stalking?
• 4. What is the history of Vonnie’s law?
• 5. How did Counterman v. Colorado change the stalking law?
• 6. Further reading/resources

1. What is considered stalking in Colorado?

Under Colorado law, the crime of stalking is when:

1. A person makes a credible threat against someone,
2. The person acted recklessly, meaning that they consciously disregarded a substantial risk that their communications would be viewed as threatening violence, and
3. In connection with that threat, that person repeatedly approaches, contacts, communicates with, or follows the victim or the victim’s immediate family member or intimate partner.

Alternatively, Colorado also considers it stalking when:

1. A person repeatedly follows, approaches, contacts, places under surveillance, or communicates with someone or their immediate family or intimate partner,
2. in a manner that would cause a reasonable person to suffer serious emotional distress, and
3. the victim actually does suffer serious emotional distress.

Specifically, Colorado Revised Statutes section 18-3-602 (1), C.R.S. states that:

A person commits stalking if directly, or indirectly through another person, the person knowingly:

(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or

(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

1.1. The legal definition of “credible threat”

Under the Colorado stalking statute, “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.¹

Credible threats can be made in-person or by:

• phone calls,
• email or social media (“cyber-stalking”),
• text message,
• written or typed letter,
• gestures,
• actions, or
• any other means of communication.

CRS 18-3-602 applies no matter whether the victim is an ordinary private citizen or a well-known celebrity. Plus stalking is illegal whether it occurs in private, public, a home, or the workplace.

1.2. The legal definition of “immediate family”

“Immediate family” includes a person’s spouse and the person’s parent, grandparent, sibling, or child.²

1.3. The legal definition of “repeated” or “repeatedly”

“Repeated” or “repeatedly” means on more than one occasion.³

2. What are the penalties for stalking in Colorado?

2.1. First offense

A first-time stalking offense in Colorado is a class 5 felony.⁴ Since stalking is an “extraordinary risk” crime, the sentence is:

• 1 to 4 years in prison (with mandatory 2-year parole), and/or
• A fine of $1,000 to $100,000.⁵

Depending on the case, defendants may also be sentenced to community service and/or counseling.

Note that defendants may also be sued by the victim in a civil case.

2.2. Subsequent offense within 7 years of a prior stalking conviction

A second or subsequent stalking offense in seven years is a class 4 felony in Colorado. The penalty is:

• 2 to 8 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000 to $500,000.

2.3. Stalking in violation of a protective order or a condition of probation or parole

Stalking in violation of a protective order or a condition of parole or probation is a class 4 felony, even if it is the defendant’s first offense.⁶ This is punishable by:

• 2 to 8 years in prison (with mandatory 3-year parole), and/or
• A fine of $2,000 to $500,000.

3. What are the defenses to stalking?

Since the introduction of Vonnie’s law in 2012, Colorado district attorneys take stalking charges quite seriously. But the elements necessary to prove stalking are strict. Often, the alleged victim or a witness simply misunderstood the defendant’s intentions.

While the best defenses to Colorado stalking charges depend on the specific facts of your criminal case, common defenses often include:

• The defendant did not threaten anyone.
• Everyone understood that the defendant was exaggerating for effect.
  • Example: A co-worker asks you for your chocolate chip cookie recipe. You reply, “I could tell you, but then I’d have to kill you.”
• The alleged victim did not suffer any serious emotional distress.
  • Example: You threaten to hurt your spouse if they ever leave you, but numerous people heard your spouse joking about the threat with friends.
• The defendant contacted the victim only once, so it does not qualify as stalking behavior.
• The defendant contacted or followed the victim more than once, but it had nothing to do with the threat.
  • Example: In a fit of anger, you threaten to beat up a co-worker. But after things have settled down, you go over to their house several times to discuss a project the two of you are working on.

Other potential defenses involve misconduct by law enforcement peace officers, such as entrapment or coerced confessions.

4. What is the history of Vonnie’s law?

In July 2010, a Leadville teaching assistant named Vonnie Flores reported to the Lake County Sheriff that her neighbor had been stalking her for two years. He would follow her, touch her, and make inappropriate comments. He would also look through her windows at her and her husband.

The neighbor was eventually arrested for stalking but made bail. Two days later, he was put under a temporary restraining order that required him to stay away from Flores and have no contact with her whatsoever.

A few weeks after the protective order was issued, the neighbor shot and killed Flores before turning the gun on himself.

In response, Rep. Millie Hamner introduced House Bill 12-1114 in 2012. The bill became Colorado Revised Statutes 18-3-602, C.R.S., known as “Vonnie’s Law” in memory of Flores.

Under Vonnie’s law, people arrested for stalking cannot be released on bail until appearing before a judge. At this hearing, the judge explains how the protection order works. Plus the defendant signs a document acknowledging that they understand the terms of release.

5. How did Counterman v. Colorado change the stalking law?

The United States Supreme Court case Counterman v. Colorado has made it harder for prosecutors to convict defendants of stalking for making threats.

Prior to Counterman, the D.A. had to show only that the defendant’s communications would impact a reasonable person; the D.A. did not have to prove the defendant’s intent. Now, the D.A. has the burden to show that the defendant acted recklessly by consciously ignoring a substantial risk that their communications would be taken as threatening violence.

In short, judges and juries must take a subjective approach over an objective approach and consider the defendant’s intent rather than how a reasonable person in the victim’s position would react to the defendant’s conduct.⁷

Further reading/resources

Also see our related articles on the following Colorado crimes:

• criminal mischief
• criminal threats
• domestic violence
• false imprisonment
• invasion of privacy
• menacing
• sexual assault
• trespass
• vandalism

If you need help:

• Call 911 or the National Domestic Violence Hotline at 800-799-7233
• Domestic Violence Program, Colorado Department of Human Services
• SafeHouse Denver
• Family Tree Domestic Violence Services
• Project Safeguard
• Violence Free Colorado
• TESSA of Colorado Springs

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Legal references:

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