18-8-110. False report of explosives, weapons, or harmful substances.

Statute text

(1) Any person who reports to any other person that a bomb or other explosive, any chemical or biological agent, any poison or weapon, or any harmful radioactive substance has been placed in any public or private place or vehicle designed for the transportation of persons or property, knowing that the report is false, commits a class 5 felony.

(2) Any person who reports to any other person that there is a mass shooting or an active shooter in a public or private place or vehicle designed for the transportation of persons or property, knowing that the report is false, causing the occupants of a building, place of assembly, or facility of public transportation to be evacuated or to be issued a shelter-in-place order; causing any disruptions or impacts to regular activities; or resulting in the initiation of a standard response protocol in response to the false report, commits a class 6 felony.

History

Source: L. 71: R&RE, p. 456, 1. C.R.S. 1963: 40-8-110. L. 79: Entire section amended, p. 743, 1, effective July 1. L. 81: Entire section amended, p. 975, 14, effective July 1. L. 89: Entire section amended, p. 839, 77, effective July 1. L. 2023: Entire section amended, (SB 23-249), ch. 418, p. 2469, 2, effective June 7; entire section amended, (HB 23-1293), ch. 298, p. 1788, 25, effective October 1.

Annotations

Editor's note: (1) Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed on or after October 1, 2023.

(2) Amendments to this section by SB 23-249 and HB 23-1293 were harmonized.

Annotations

 

ANNOTATION

Annotations

Prosecution must prove that a person reported that a bomb had been placed at a location at the time of the report. If the substance of and circumstances surrounding a defendant's report permit a reasonable inference that a prohibited item or substance was placed in a public or private place or vehicle, a fact finder may conclude that the "has been placed" element is satisfied. People ex rel. C.F., 2012 COA 75, 279 P.3d 1231.