CHAPTER 10.12. – OFFENSES AGAINST THE PERSON

10.12.010. Assault.

10.12.020. Justified physical force.

10.12.030. Physical force not justified.

10.12.040. Harassment.

10.12.060. Menacing.

10.12.070. Reckless endangerment.

10.12.080. Throwing missiles.

 

10.12.010. Assault.

It is unlawful to intentionally, knowingly or recklessly cause bodily injury to another. This section shall not apply to:

A. A person who intentionally causes bodily injury to any person to prevent one whom that person knows to be a police officer or firefighter from performing a lawful duty; or

B. When bodily injury is caused by a deadly weapon.

(Code 1993, § 10.12.010; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-3-204.

10.12.020. Justified physical force.

Use of reasonable and appropriate physical force by those listed below is justified when:

A. A person is acting to defend himself or herself or a third person from what such person reasonably believes to be the use or imminent use of unlawful physical force by that other person. Such person may use a degree of force he or she reasonably believes to be necessary for that purpose; or

B. A police officer, when such officer reasonably believes it necessary:

1. Acts to effect an arrest or prevent the escape from custody of an arrested person, unless such officer knows that the arrest is unauthorized; or

2. Acts to defend himself or herself or a third person from what such officer reasonably believes to be the use or imminent use of physical force, during an arrest, or while preventing or attempting to prevent an escape from custody; or

3. Acts to take a person into custody as authorized by C.R.S. § 27-10-105 or 25-1-310;

C. A police officer acts to prevent what such officer reasonably believes to be the escape of a prisoner from a detention facility or prisoner transport vehicle; or

D. A police officer acts to maintain order and discipline in the police department detention facility or prisoner transport vehicle; or

E. A person, directed by a police officer, acts to assist the officer to effect an arrest or to prevent an escape from custody, unless such person knows that the arrest or prospective arrest is not authorized; or

F. A private person acting on his or her own account, acts to arrest or prevent the escape from custody of an arrested person who has committed an offense in such person’s presence; or

G. A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person, or a teacher or other person entrusted with the care and supervision of a minor, uses reasonable and appropriate physical force upon the minor or incompetent person to maintain discipline or promote the welfare of the minor or incompetent person; or

H. A person acts to prevent or attempt to prevent what such person reasonably believes to be an attempt by the other person to commit theft, criminal mischief, vandalism or criminal tampering involving property; or

I. A person in possession or control of any buildings, realty or other premises, or a person licensed or privileged to be there, acts to prevent or terminate the commission or attempted commission of an unlawful trespass by the other person, in or upon the building, realty or premises; or

J. A person acts to stop what such person reasonably believes is a suicide attempt or acts to stop a person’s attempt to inflict serious physical injury upon himself or herself; or

K. A person responsible for order in a common carrier of passengers, or a person acting under such person’s direction, acts to maintain order; or

L. A duly licensed physician or a person acting under such physician’s direction uses force to administer a recognized form of treatment which he or she reasonably believes to be adapted to promoting the physical or mental health of the patient, if:

1. The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of the patient’s parent, guardian or other person entrusted with the patient’s care and supervision; or

2. The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

(Code 1993, § 10.12.020; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, CR.S. § 18-1-703.

10.12.030. Physical force not justified.

Notwithstanding section 10.12.030, a person is not justified in using physical force if:

A. With intent to cause bodily injury to another person, such person provokes the use of unlawful physical force by that other person; or

B. Such person is the initial aggressor, except, that his or her use of physical force upon another person under the circumstances is justifiable if such person withdraws from the encounter and effectively communicates to the other person his or her intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or

C. The physical force involved is the product of a combat by agreement not specifically authorized by law.

(Code 1993, § 10.12.030; Ord. No. O-92-51, § 1)

10.12.040. Harassment.

A. With the intent to harass, threaten or abuse another person, it is unlawful to:

1. Strike, shove, kick or otherwise touch a person, or subject a person to physical contact; or

2. In a public place, direct obscene language or make an obscene gesture to or at another person in such manner as is likely to create an immediate breach of the peace; or

3. Follow a person in or about a public place; or

4. Initiate communications with a person anonymously or otherwise by telephone in a manner intended to harass or threaten bodily injury or property damage; or

5. Make any comment, request, suggestion or proposal by telephone, which is obscene; or

6. Make a telephone call or cause a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or

7. Cause delivery to another person of written, printed or graphic material or any object that in fact harasses or threatens bodily injury or property damage.

B. As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus or excretory functions.

C. Any telephone call prohibited by this section may be deemed to have occurred or to have been committed at the place at which the telephone call was either made or received.

(Code 1993, § 10.12.040; Ord. No. O-92-51, § 1; Ord. No. O-93-12, § 1; Ord. No. O-94-39, § 1)

State law reference— Similar provisions, C.R.S. § 18-9-111(1)—(3).

10.12.060. Menacing.

It is unlawful to knowingly place or attempt to place another person in fear of imminent bodily injury by any threat or physical action; except, that this provision shall not apply if the threat is committed by 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 when a perpetrator represents verbally or otherwise that he is armed with a deadly weapon.

(Code 1993, § 10.12.060; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-3-206.

10.12.070. Reckless endangerment.

It is unlawful to recklessly engage in conduct which creates a substantial risk of bodily injury to another person.

(Code 1993, § 10.12.070; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-3-208.

10.12.080. Throwing missiles.

It is unlawful to knowingly throw or project any stone or other missile at:

A. Any person, unless done with the knowledge and consent of such person during a recognized athletic game and with a ball, puck or other object used in such game for such purpose;

B. A building or other public or private property of another without the consent of the owner; or

C. A vehicle or equipment designed for the transportation of persons or property while such vehicle or equipment is being operated, whether moving or not.

(Code 1993, § 10.12.080; Ord. No. O-92-51, § 1)