Colorado criminal charge
Stalking in Colorado
Stalking is a criminal offense under Colorado law, defined by C.R.S. § 18-3-602. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-3-602.
What is the penalty for stalking in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Stalking - first offense — Applies to a first offense of stalking, unless the offense involved a protection order or similar condition as described in subsection (5).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Stalking - first offense — Applies to a first offense of stalking, unless the offense involved a protection order or similar condition as described in subsection (5).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Stalking - first offense — Applies to a first offense of stalking, unless the offense involved a protection order or similar condition as described in subsection (5).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Stalking - second or subsequent offense within seven years — Applies when the person commits a second or subsequent stalking offense within seven years after the date of a prior stalking conviction.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Stalking - second or subsequent offense within seven years — Applies when the person commits a second or subsequent stalking offense within seven years after the date of a prior stalking conviction.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Stalking - second or subsequent offense within seven years — Applies when the person commits a second or subsequent stalking offense within seven years after the date of a prior stalking conviction.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Stalking - in violation of protection order or court order — Applies when, at the time of the offense, a temporary or permanent protection order, injunction, or condition of bond, probation, parole, or other court order prohibiting the stalking behavior was in effect against the person.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Stalking - in violation of protection order or court order — Applies when, at the time of the offense, a temporary or permanent protection order, injunction, or condition of bond, probation, parole, or other court order prohibiting the stalking behavior was in effect against the person.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Stalking - in violation of protection order or court order — Applies when, at the time of the offense, a temporary or permanent protection order, injunction, or condition of bond, probation, parole, or other court order prohibiting the stalking behavior was in effect against the person.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is stalking classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking - first offense | class 5 felony | Applies to a first offense of stalking, unless the offense involved a protection order or similar condition as described in subsection (5). | 18-3-602(3)(a) |
| Stalking - second or subsequent offense within seven years | class 4 felony | Applies when the person commits a second or subsequent stalking offense within seven years after the date of a prior stalking conviction. | 18-3-602(3)(b) |
| Stalking - in violation of protection order or court order | class 4 felony | Applies when, at the time of the offense, a temporary or permanent protection order, injunction, or condition of bond, probation, parole, or other court order prohibiting the stalking behavior was in effect against the person. | 18-3-602(5) |
Common questions about stalking in Colorado
Is stalking a felony or a misdemeanor in Colorado?
It depends on the circumstances: stalking ranges from a class 5 felony to a class 4 felony in Colorado under C.R.S. § 18-3-602.
Stalking - first offense: class 5 felony (C.R.S. § 18-3-602(3)(a)) · Stalking - second or subsequent offense within seven years: class 4 felony (C.R.S. § 18-3-602(3)(b)) · Stalking - in violation of protection order or court order: class 4 felony (C.R.S. § 18-3-602(5))
What are the penalties for stalking in Colorado?
Penalties for stalking in Colorado depend on how it is classified — from a class 5 felony up to a class 4 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers stalking?
Stalking is governed by C.R.S. § 18-3-602 (Stalking - penalty - definitions - Vonnie's law).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.