18-9-108. Disrupting lawful assembly.

Statute text

(1) A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.

(2) Disrupting lawful assembly is a petty offense; except that, if the actor knows the meeting, procession, or gathering is a funeral, it is a class 2 misdemeanor.

History

Source: L. 71: R&RE, p. 468, 1. C.R.S. 1963: 40-9-108. L. 2006: (2) amended, p. 1199, 5, effective May 26. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3202, 310, effective March 1, 2022.

Annotations

Cross references: In 2006, subsection (2) was amended by the "Right to Rest in Peace Act". For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.

Annotations

 

ANNOTATION

Annotations

Statute is constitutional as applied. By adopting an actual disruption standard that focuses on punishment for actual disruption of an assembly, this section is constitutionally based on conduct, not content. Dempsey v. People, 117 P.3d 800 (Colo. 2005).

Under the terms of this section, a defendant must intend to disrupt a meeting. That element of the offense subsumes two notions. First, the nature of the assembly or meeting defines the bounds of appropriate protest. The standard is drawn from the implicit customs and usages or explicit rules germane to a given meeting. Once the nature of the event is clear, the second question becomes whether the defendant intended to disrupt that event or, stated otherwise, whether the defendant was aware that his or her conduct was inconsistent with the customs of the assembly and whether he or she thereby intended his or her conduct to disrupt the assembly significantly. Dempsey v. People, 117 P.3d 800 (Colo. 2005).