Harassment is normally a misdemeanor criminal charge in Greeley, Colorado, and having an experienced lawyer is important. Harassment means that you are accused of harassing, annoying, or disturbing another person by means of physical acts or communication. In the news recently in Colorado, there have been multiple people accused of harassing wildlife, C.R.S. 33-6-128, including a woman who was charged with Wildlife Harassment for walking after the moose and then hitting the moose on the animal’s backside. This behavior is obviously very dangerous and can come with a criminal charge. Many people when they think of Harassment, think about it between two people however it can include wildlife also.
What is the Difference between Harassment and Harassment of Wildlife in Weld County?
Harassment in Weld County is defined by, C.R.S. 18-9-111. It occurs when:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal that is obscene; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
This woman was charged with a different form of Harassment – involving wildlife.
What is Wildlife Harassment, C.R.S. 33-6-128 in Weld County, Colorado?
Wildlife Harassment falls under a different statute. C.R.S. 33-6-128 defines Wildlife Harassment as:
(1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife.
While the statute does not specify what it means to harass wildlife, it would likely include disturbing them, making physical contact with them, damaging their habitat, chasing them, or having a dog chase them.The Department of Wildlife can establish seasons for hunting, which allow exceptions to Wildlife Harassment. We wonder how far the law allows people to go when geese are nesting or feeding in places normally used by people. Streets, parking lots, yards and sidewalks are often occupied by geese in Weld County.
What is the Punishment of Wildlife Harassment in Weld County?
In Weld County the punishment for Wildlife Harassment is a misdemeanor offense with a fine up to $100. Harassment of a person, where you curse at someone or get into a another person’s face or follow them, can be charged as a class 3 misdemeanor which is punishable with up to 6 months in the Weld County Jail and a fine between $50 – $750. The Harassment of “people” charge changes if someone shouts a racial slur at a person, or they make fun of a disability, making it a bias motivated, or hate crime, and it becomes a class 1 misdemeanor which is punishable with 6 months and 18 months in the Weld County Jail and a fine between $500 and $5,000.
If you or someone you love has been charged with Harassment of Wildlife or Harassment of a Person, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule your free consultation today. Together, we can protect your future.
Photo by Tobias Bjørklifrom Pexels