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Is harassment a crime?

Harassment is one of the most broadly written criminal statutes in Colorado — and because of that breadth, it is also one of the most frequently misapplied. Whether you are accused of harassment in a personal relationship, a workplace setting, or an online interaction, understanding exactly what the law requires and where the defenses lie is essential before you respond to charges or speak to law enforcement.

What Constitutes Criminal Harassment Under Colorado Law?

Under CRS 18-9-111, harassment occurs when a person intentionally harasses, annoys, or alarms another. The statute covers a wide range of conduct, including:

  • Striking, shoving, kicking, or touching another person in an offensive manner
  • Using obscene language or gestures directed at another person in public
  • Following a person in a public place
  • Repeatedly initiating communication with a person at inconvenient hours or when the person has requested it stop
  • Making repeated contact — calls, texts, emails, or social media messages — with the intent to harass or annoy
  • Stalking a person in person or online

The statute also includes cyberstalking and electronic harassment provisions, which have become increasingly prosecuted in Colorado as more disputes migrate to digital platforms.

Misdemeanor vs. Felony Harassment

Criminal harassment in Colorado is most commonly charged as a Class 1 misdemeanor (upgraded from Class 3 following 2022 legislative changes), carrying up to 364 days in county jail and fines. However, harassment can escalate to a Class 5 felony in specific circumstances:

  • When the harassment is motivated by the victim’s race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation (bias-motivated harassment)
  • When the conduct involves repeated contact after a formal cease-and-desist warning from law enforcement
  • When combined with a violation of a restraining or protection order

Civil vs. Criminal Harassment

Harassment can also give rise to civil liability — separate from criminal prosecution. Civil harassment suits are often brought in workplace contexts under Title VII of the Civil Rights Act (federal) or the Colorado Anti-Discrimination Act (CADA), covering protected characteristics like sex, race, religion, disability, and sexual orientation. A single incident can potentially trigger both civil and criminal proceedings simultaneously, with different standards of proof and different outcomes.

Common Defenses to Harassment Charges

  • Lack of intent: Harassment requires intentional conduct. Innocent or inadvertent contact — even if annoying to the recipient — does not satisfy the intent element.
  • First Amendment protection: Not all offensive speech is criminal. Constitutionally protected speech — political commentary, criticism, satire — even if aimed at an individual, does not automatically qualify as criminal harassment.
  • No reasonable person would be alarmed: The conduct must be of a nature that a reasonable person would find alarming or harassing. Oversensitivity or exaggerated claims can be challenged.
  • False allegation: Harassment charges frequently arise from personal disputes — contentious breakups, neighbor conflicts, or workplace grievances — where the line between genuine harassment and fabrication is not always clear.
  • Restraining order violations vs. underlying harassment: If the charge is connected to a protection order violation, the validity and scope of the order itself may be challengeable.

The Real-World Consequences of a Harassment Conviction

Even a misdemeanor harassment conviction in Colorado creates a permanent criminal record. This can affect your ability to pass background checks for employment, housing, and professional licensing. A felony harassment conviction carries far more severe consequences, including potential loss of firearm rights and significant jail time. If the harassment allegation is connected to a domestic violence case, the consequences multiply further.

At Shazam Kianpour & Associates, P.C., our attorneys defend clients against harassment charges across Denver, Jefferson County, Arapahoe County, Adams County, and Douglas County. Call 303-825-1075 or contact us online for a free consultation.

Written by

Denver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.