Retaliation against a prosecutor.

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(1) (a) An individual commits retaliation against a prosecutor if the individual makes a credible threat, as defined in section 18-3-602 (2)(b), or commits an act of harm or injury upon a person or property as retaliation or retribution against a prosecutor, which action is directed against or committed upon:

  1. An elected district attorney;

  2. A prosecutor who has served or is serving in a legal matter assigned to the prosecutor involving the individual or a person on whose behalf the individual is acting;

  3. A member of the prosecutor's family;

  4. A person in close relationship to the prosecutor; or

  5. A person residing in the same household with the prosecutor.

(b) An individual commits retaliation against a prosecutor by means of a credible threat as described in paragraph (a) of this subsection (1) if the individual knowingly makes the credible threat:

(I) Directly to the prosecutor; or (II) To another person:

  1. If the individual intended that the communication would be relayed to the prosecutor; or

  2. If the other person is required by statute or ethical rule to report the communicationto the prosecutor or to the court.

  1. Retaliation against a prosecutor is a class 4 felony.

  2. As used in this section, unless the context otherwise requires, "prosecutor" means theattorney general, deputy attorney general, assistant attorney general, district attorney, deputy district attorney, assistant district attorney, appointed special prosecutor, city attorney, United States attorney, deputy United States attorney, assistant United States attorney, or special assistant United States attorney.

Source: L. 2015: Entire section added, (HB 15-1229), ch. 239, p. 884, § 1, effective May 29.


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