(1) The general assembly finds and declares that it is the right of every person, regardless of race, color, ancestry, religion, national origin, physical or mental disability, sexual orientation, or transgender identity, to be secure and protected from fear, intimidation, harassment, and physical harm caused by the activities of individuals and groups. The general assembly further finds that the advocacy of unlawful acts against persons or groups because of a person's or group's race, color, ancestry, religion, national origin, physical or mental disability, sexual orientation, or transgender identity for the purpose of inciting and provoking bodily injury or damage to property poses a threat to public order and safety and should be subject to criminal sanctions.
(2) A person commits a bias-motivated crime if, with the intent to intimidate or harass another person, in whole or in part, because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity, the person:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person's property and such words or conduct are likely to produce bodily injury to that person or damage to that person's property; or
(c) Knowingly causes damage to or destruction of the property of another person.
(3) Commission of a bias-motivated crime as described in paragraph (b) or (c) of subsection (2) of this section is a class 1 misdemeanor. Commission of a bias-motivated crime as described in paragraph (a) of subsection (2) of this section is a class 5 felony; except that commission of a bias-motivated crime as described in said paragraph (a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during the commission of the offense.
(3.5) (a) In determining the sentence for a first-time offender convicted of a bias-motivated crime, the court shall consider the following alternatives, which shall be in addition to and not in lieu of any other sentence received by the offender:
(I) Sentencing the offender to pay for and complete a period of useful community service intended to benefit the public and enhance the offender's understanding of the impact of the offense upon the victim;
(II) At the request of the victim, referring the case to a restorative justice or other suitable alternative dispute resolution program established in the judicial district pursuant to section 13-22-313, C.R.S.
(b) In considering whether to impose the alternatives described in paragraph (a) of this subsection (3.5), the court shall consider the criminal history of the offender, the impact of the offense on the victim, the availability of the alternatives, and the nature of the offense. Nothing in this section shall be construed to require the court to impose the alternatives specified in paragraph (a) of this subsection (3.5).
(4) The criminal penalty provided in this section for commission of a bias-motivated crime does not preclude the victim of such action from seeking any other remedies otherwise available under law.
(5) For purposes of this section:
(a) Physical or mental disability refers to a disability as used in the definition of the term person with a disability in section 18-6.5-102 (11).
(b) Sexual orientation means a person's orientation toward sexual or emotional attraction and the behavior or social affiliation that may result from the attraction.
Source: L. 88: Entire section added, p. 737, � 1, effective July 1. L. 99: IP(2) and (3) amended, p. 795, � 5, effective July 1. L. 2005: Entire section amended, p. 1499, � 5, effective July 1. L. 2013: (5)(a) amended, (SB 13-111), ch. 233, p. 1127, � 13, effective May 16. L. 2021: IP(2) amended, (SB 21-280), ch. 372, p. 2465, � 2, effective June 28. L. 2024: (1), IP(2), and (5)(b) amended, (SB 24-189), ch. 305, p. 2067, � 1, effective July 1.
Cross references: For the legislative declaration in the 2013 act amending subsection (5)(a), see section 1 of chapter 233, Session Laws of Colorado 2013.
18-9-122. Preventing passage to and from a health-care facility - engaging in prohibited activities near facility. (1) The general assembly recognizes that access to health-care facilities for the purpose of obtaining medical counseling and treatment is imperative for the citizens of this state; that the exercise of a person's right to protest or counsel against certain medical procedures must be balanced against another person's right to obtain medical counseling and treatment in an unobstructed manner; and that preventing the willful obstruction of a person's access to medical counseling and treatment at a health-care facility is a matter of statewide concern. The general assembly therefore declares that it is appropriate to enact legislation that prohibits a person from knowingly obstructing another person's entry to or exit from a health-care facility.
(2) A person commits a petty offense if such person knowingly obstructs, detains, hinders, impedes, or blocks another person's entry to or exit from a health-care facility.
(3) No person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a health-care facility. Any person who violates this subsection (3) commits a petty offense.
(4) For the purposes of this section, health-care facility means any entity that is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment in this state.
(5) Nothing in this section shall be construed to prohibit a statutory or home rule city or county or city and county from adopting a law for the control of access to health-care facilities that is no less restrictive than the provisions of this section.
(6) In addition to, and not in lieu of, the penalties set forth in this section, a person who violates the provisions of this section shall be subject to civil liability, as provided in section 13-21-106.7, C.R.S.
Source: L. 93: Entire section added, p. 400, � 1, effective April 19. L. 2021: (2) and (3) amended, (SB 21-271), ch. 462, p. 3205, � 323, effective March 1, 2022.
18-9-123. Bringing alcohol beverages, bottles, or cans into the major league baseball stadium. (1) (a) It shall be unlawful for any person to carry or bring into the Denver metropolitan major league baseball stadium district stadium, as defined in section 32-14-103 (5) and (10), and referred to in this section as the stadium, the following:
(I) Any alcohol beverage as defined in section 44-3-103 (2); or
(II) Any bottle or can except as provided in subsection (2) of this section.
(b) As used in this section:
(I) Bottle means a container that is made of nonporous material including but not limited to glass or ceramic, typically with a comparatively narrow neck or mouth, but excluding:
(A) Containers made of cardboard, paper, or plastic; or
(B) Thermos bottles.
(II) Can means a container of cylindrical shape that is made of metal or metallic alloys.
(2) Nothing in this section shall be construed to prohibit a person from bringing or carrying into the stadium a beverage, bottle, or can required in connection with the person's practice of religion, the person's medical or physical condition, or food or formula for the person's infant.
(3) Any person who violates subsection (1) of this section commits a civil infraction.
(4) Nothing in this section shall be construed to prohibit a home rule municipality from enacting an ordinance that is at least as restrictive as or more restrictive than this section that prohibits a person from bringing any alcoholic beverage or alcoholic liquor, any bottle, or any can into the stadium.
Source: L. 95: Entire section added, p. 737, � 1, effective May 23. L. 97: (1)(a)(I) amended, p. 302, � 13, effective July 1. L. 2001: (1)(a)(I) amended, p. 1271, � 22, effective June 5. L. 2018: IP(1)(a) and (1)(a)(I) amended, (HB 18-1025), ch. 152, p. 1078, � 9, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3205, � 324, effective March 1, 2022.