What is Menacing? Colorado Laws and Penalties

The term “menacing” can seem rather, ahem, threatening. But that is exactly what it is.
In Colorado, menacing is when you use threats or actions to make another person fear immediate serious bodily harm or death. It’s about creating a sense of danger even if no harm occurs. Under Colorado Revised Statute § 18-3-206, menacing can be a misdemeanor or a felony depending on if a deadly weapon is involved.

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.

This article will break down the definition, penalties, defenses, and related charges for menacing in Colorado.

Menacing Definition under Colorado Law

C.R.S. § 18-3-206 says a person commits menacing if they knowingly put or attempt to put another in fear of serious bodily injury. The law requires the offender to create fear through words or actions.

• Misdemeanor Menacing: Menacing without a weapon is a class 1 misdemeanor.
• Felony Menacing: If a firearm, knife or bludgeon (or an object capable of being used as one) is involved, it’s a class 5 felony. This applies even if the weapon is simulated or implied.

The former Menacing statute was much broader about weapons being used. It read “By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or by the person representing verbally or otherwise that he or she is armed with a deadly weapon.

The second part of the Statute requires, serious bodily injury, also known as “SBI”. The statute defines “serious bodily injury” to include injuries with a risk of death, permanent disfigurement or long-term loss or impairment of body functions.

Menacing Penalties in Colorado

The penalties for menacing depend on if a weapon was involved. Here are the possible consequences:

Misdemeanor Menacing (No Deadly Weapon)

• 364 days in jail
• $1,000 fine

Felony Menacing (Deadly Weapon)

• 1 to 3 years in prison
• $1,000 to $100,000 fine

The court takes the threat seriously even if no harm occurred. Menacing can be charged as a standalone crime, but it is commonly charged with other crimes like assault (First-degree Assault, Second-degree Assault, or Third-degree assault), or harassment.

Key Components of Menacing

To convict someone of menacing the prosecutor must prove:

1. Knowingly Creating Fear: The defendant must have known their actions would cause fear.
2. Imminent Threat: The fear created must be of immediate or near immediate harm, not a distant or vague threat.
3. No Need for Actual Fear: The law only requires the defendant attempted to create fear. The victim’s actual emotional response is not relevant to the charge.

For example, if someone threatens another person with an object hidden from view and claims it’s a weapon, even if the victim doesn’t see the object, it’s felony menacing.

What is a Deadly Weapon?

Although the previous iteration of 18-3-206 used the term “deadly weapon,” the current wording in the statute is more specific.

The statute now delineates what a weapon is:

• Firearm
• Knife
• Bludgeon
• Or a simulated firearm, knife or bludgeon

Fake guns or hidden items can be a deadly weapon if the offender leads the victim to believe they are armed with a weapon, or use a simulated weapon. This is often done with a fake gun or even could be the finger under the shirt made to look like a gun. A bludgeon is typically something similar to a baseball bat, or an item fashioned in a manner that it could be used to beat someone with.

Defenses to Menacing Charges in Colorado

There are several legal defenses to menacing. Each defense attacks the required intent, disproves the weapon or justifies the defendant’s actions. Here are some:

1. No Intent to Create Fear

The prosecution must show the defendant knowingly created fear. If the defendant’s words or actions were misinterpreted or taken out of context this defense could apply. The defense would argue the statements or behavior were not a threat and shouldn’t be criminalized.

2. No Weapon Used

For felony menacing charges the presence or use of a deadly weapon (firearm, knife, bludgeon) must be proven. Remember, the weapon could be simulated or implied.

3. Self-Defense

If the defendant acted in reasonable self-defense menacing may be justified. Colorado law allows individuals to defend themselves proportionally.

4. Mistaken Identity

The person that menaced the alleged victim was another party. If the alleged victim cannot positively identify the accused as the person who menaced them, they may not be able to prove the charges.

Related Offenses

As discussed above, menacing is often times charged with other offenses. It could be charged with an aggravator like Domestic violence, or it could be charged along with other crimes / criminal charges. Menacing often accompanies assault charges, especially in domestic violence cases where emotional intimidation and physical injury occur together.

In my practice, I often times see menacing charges in connection with assaultive behavior.

Three degrees of assault:

• First-degree assault: Causing serious injury with a deadly weapon
• Second-degree assault: Causing injury without a deadly weapon
• Third-degree assault: Negligently causing injury, often with a deadly weapon

Other Colorado offenses overlap or are related to menacing:

• False Imprisonment (C.R.S. § 18-3-303): Restricting another person’s freedom without consent.
• Harassment (C.R.S. § 18-9-111): Repeated unwanted contact, with an intent to harass, annoy or alarm. This could also be through pushing/shoving, or by way of repeated telephone or other electronic means of contact.
• Telephone Obstruction
• Stalking
• Child Abuse
• Sexual assault
• Violation of a Protection or Violation of a Restraining order (C.R.S. § 18-9-803.5)
• Trespass

Summary

Menacing in Colorado is a serious crime that involves putting another person in fear of imminent serious bodily harm through threats or actions. Whether a misdemeanor or felony menacing carries significant penalties including jail time and fines. If a weapon is involved it can be charged as a felony regardless if the victim saw or was harmed by the weapon.

Understanding menacing is important for both defendants and victims. Intent, context and perception of threat are key to these cases. Defenses can include lack of intent, no weapon or self-defense.

Given the complexity of menacing cases, seeking legal counsel is recommended to navigate the legal process and explore the best possible defenses.

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