Throwing missiles at vehicles - harassment of bicyclists

Colo. Rev. Stat. § 18-9-116, under PUBLIC PEACE AND ORDER.

Colo. Rev. Stat. § 18-9-116

(1) Any person who knowingly projects any missile at or against any vehicle or equipment designed for the transportation of persons or property, other than a bicycle, commits a civil infraction.

(2) Any person who knowingly projects any missile at or against a bicyclist commits a class 2 misdemeanor.

(3) As used in this section, "missile" means any object or substance.

Source: L. 71: R&RE, p. 471, § 1. C.R.S. 1963: § 40-9-117. L. 77: Entire section amended, p. 969, § 57, effective July 1. L. 2009: Entire section amended, (SB 09-148), ch. 239, p. 1090, § 7, effective August 5. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3204, § 320, effective March 1, 2022.

ANNOTATION

Littering is not a lesser included offense of throwing a missile at a vehicle. A throwing a missile offense is completed once a person knowingly projects a missile, regardless of where it lands. A littering offense is completed only if the object later lands on property. The two offenses occur sequentially and not simultaneously. People v. Kern, 2020 COA 96, 474 P.3d 197.