Colorado § 18-8-615 - Retaliation against a judge, a judicial employee, or an elected official - definitions.

§ 18-8-615. Retaliation against a judge, a judicial employee, or an elected official - definitions.

(1) (a) An individual commits retaliation against a judge if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harassment, as defined in section 18-9-111 (1), or an act of harm or injury upon a person or property as retaliation or retribution against a judge, which action is directed against or committed upon:

(I) A judge who has served or is serving in a legal matter assigned to the judge involving the individual or a person on whose behalf the individual is acting;

(II) A member of the judge's family;

(III) A person in close relationship to the judge; or

(IV) A person residing in the same household with the judge.

(b) An individual commits retaliation against a judge by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat:

(I) Directly to the judge; or

(II) To another person:

(A) If the individual intended that the communication would be relayed to the judge; or

(B) If the other person is required by statute or ethical rule to report the communication to the judge.

(1.3) (a) An individual commits retaliation against a judicial employee if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harassment, as defined in section 18-9-111 (1), or an act of harm or injury upon a person or property as retaliation or retribution against a judicial employee, which action is directed against or committed upon:

(I) A judicial employee who has performed duties in connection with the individual or a person on whose behalf the individual is acting;

(II) A member of the judicial employee's family;

(III) An individual in close relationship to the judicial employee; or

(IV) An individual residing in the same household with the judicial employee.

(b) An individual commits retaliation against a judicial employee by means of a credible threat as described in subsection (1.3)(a) of this section if the individual knowingly makes the credible threat:

(I) Directly to the judicial employee; or

(II) To another person if the individual intended that the communication would be relayed to the judicial employee.

(1.5) (a) An individual commits retaliation against an elected official if the individual knowingly makes a credible threat as retaliation or retribution against the elected official or arising out of the status of the person as an elected official and is directed against or committed upon:

(I) An elected official;

(II) A member of the elected official's family;

(III) A person in close relationship to the elected official; or

(IV) A person residing in the same household with the elected official.

(b) For purposes of this subsection (1.5):

(I) "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.

(II) "Elected official" means any person who is serving in an elected position in the state of Colorado at any level of government.

(2) (a) Retaliation against a judge is a class 4 felony.

(b) Retaliation against an elected official is a class 6 felony.

(c) Retaliation against a judicial employee is a class 6 felony.

(3) As used in this section, unless the context otherwise requires:

(a) "Judge" means any justice of the supreme court, judge of the court of appeals, district court judge, juvenile court judge, probate court judge, water court judge, county court judge, district court magistrate, county court magistrate, water court referee, bond hearing officer, municipal judge, administrative law judge, or unemployment insurance hearing officer.

(b) "Judicial employee" means a current or former employee of the judicial department.

Source: L. 2008: Entire section added, p. 1028, § 1, effective July 1. L. 2010: IP(1)(a) amended, (HB 10-1233), ch. 88, p. 296, § 6, effective August 11. L. 2021: (1.5) added and (2) amended, (SB 21-064), ch. 190, p. 1007, § 1, effective July 1. L. 2026: (1.3) and (2)(c) added and (3) amended, (HB 26-1422), ch. 331, p. 1943, § 16, effective June 2.

ANNOTATION

Defendant's kidnapping statement to judge is not constitutionally protected speech and is a true threat under the contextual analysis prescribed by People in Interest of R.D., 2020 CO 44, 464 P.3d 717. People v. Brown, 2022 COA 19, 510 P.3d 579.

To violate subsection (1)(b)(II)(B), a person must know that the person to whom the threat is made has a duty to report the threat. The general assembly did not intend to limit the application of the mens rea of "knowingly" to any particular element of subsection (1)(b). People v. Berry, 292 P.3d 954 (Colo. App. 2011).