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Definitions of Harassment

To some, harassment may seem harmless or trivial; but in reality, it is not. As with every crime, there are different types of harassment, with varying levels of severity that come with a charge.

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Harassment Communications

It was recently agreed upon in the state of Colorado that cyberbullying can in fact turn into criminal harassment after a Highland’s Ranch teen attempted suicide as a result of cyberbullying attacks. Thankfully, she survived but unfortunately was permanently disabled. Thus in 2015, Kiana Arellano’s Law was passed prohibiting obscene language, or language intended to harass or threaten an individual by means of telephone, text message, or other interactive electronic mediums such as social media.

The elements of the crime of harassment (communication) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to harass, annoy, or alarm another person
  1. [directly or indirectly initiated communication with a person or directed language toward another person, anonymously or otherwise,
  2. by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium,
  3.  in a manner intended to harass or threaten bodily injury or property damage.]
  1. [made any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium,
  2. that was obscene.]

Harassment Following Person in Public

If someone is followed severely enough, the action could become a stalking charge. Stalking carries more severe consequences than other forms of harassment and can include penalties of 1-3 years in prison and/or fines of $1,000-$100,000 for first time offenses. The act of stalking is defined as repeated attempts to follow, approach, or contact an individual that results in the person to feel emotional distress.

The elements of the crime of harassment (follow) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to harass, annoy, or alarm another person
  5. followed a person in or about a public place

Harassment Obscene or Obscenity

Some may argue that it is their constitutional right to express themselves, and this is true. But you do not have the right to intentionally bother, annoy, or alarm someone. The law protects citizens against wanton harassment. And if the harassment is based on a person’s religion, race, or disability, you can face more severe punishments including, 6-18 months in jail and/or $500-$5,000 in monetary fines.

The elements of the crime of harassment (obscene) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to harass, annoy, or alarm another person
  5. in a public place
  6. directed obscene language at, or made an obscene gesture to, another person.

Harassment Strike Shove Kick

You cannot poke, shove, or kick another person as a means to intentionally provoke them, annoy them, or cause them alarm. If you do physically touch someone in a way that causes injury, a harassment charge could get bumped up to assault.

The elements of the crime of harassment (physical contact) are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. with intent,
  4. to harass, annoy, or alarm another person
  5. struck, shoved, kicked, or otherwise touched a person, or subjected him [her] to physical contact.

Posting a Private Image for Harassment

Another branch of harassment is engaging in “revenge porn”. This is when someone over the age of 18 posts intimate images of another person that is also over the age of 18 without their permission, resulting in the emotional distress of that person. These could be images of a person’s private intimate parts or depictions of sexual acts. Posting images such as these on social media is considered harassment and can land you up to 18 months in jail and up to $10,000 in fines.

The elements of the crime of posting a private image for harassment are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. was eighteen years of age or older, and
  4. with the intent,
  1. [to harass, intimidate, or coerce an identified or identifiable person eighteen years of age or older,
  2. posted or distributed through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of the depicted person,]
  1. [to harass, intimidate, or coerce an identified or identifiable person,
  2. posted or distributed through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of the depicted person,]
  1. [without the depicted person’s consent, and]
  1. [when the defendant knew or should have known that the depicted person had a reasonable expectation that the image would remain private, and]
  1. the conduct resulted in serious emotional distress of the depicted person.

Because harassment is such a broad term, it is easy to charge someone with this offense. We understand what you are up against. Maybe you have been falsely accused of harassment or you did not intend to harass anyone. No matter what the circumstances revolving your case are, call Chris Ponce for help.

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Chris Ponce

Chris Ponce is a former prosecutor with a stellar conviction record. Chris knows how to dismantle a criminal case, because he spent years building them. Chris is licensed to practice in every county in the State of Colorado. He is also licensed to practice before the Colorado Court of Appeals, and the Colorado Supreme Court.
Email chris@hamptonpigott.comPhone (720) 566-5055
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