18-9-110. Public buildings - trespass, interference - penalty.

Statute text

(1) No person shall so conduct himself at or in any public building owned, operated, or controlled by the state, or any of the political subdivisions of the state or at any building owned, operated, or controlled by the federal government as to willfully deny to any public official, public employee, or invitee on such premises the lawful rights of such official, employee, or invitee to enter, to use the facilities of, or to leave any such public building.

(2) No person shall, at or in any such public building, willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof.

(3) No person shall willfully refuse or fail to leave any such public building upon being requested to do so by the chief administrative officer or his designee charged with maintaining order in such public building, if the person has committed, is committing, threatens to commit, or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building.

(4) No person shall, at any meeting or session conducted by any judicial, legislative, or administrative body or official at or in any public building, willfully impede, disrupt, or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting the meeting or session or by any act designed to intimidate, coerce, or hinder any member of such body or official engaged in the performance of duties at such meeting or session.

(5) No person shall, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official at or in any public building, willfully impede, disrupt, or hinder the normal proceedings of such body or official.

(6) No person, alone or in concert with another, shall picket inside any building in which the chambers, galleries, or offices of the general assembly, or either house thereof, are located, or in which the legislative office of any member of the general assembly is located, or in which a legislative hearing or meeting is being or is to be conducted.

(7) The term "public building", as used in this section, includes any premises being temporarily used by a public officer or employee in the discharge of his official duties.

(8) (a) Any person who violates subsection (2) or (4) of this section commits a class 2 misdemeanor.

(b) Any person who violates subsection (1), (3), (5), or (6) of this section commits a petty offense.

History

Source: L. 71: R&RE, p. 469, 1. C.R.S. 1963: 40-9-110. L. 73: p. 683, 2. L. 86: (1) amended, p. 771, 12, effective July 1. L. 2021: (8) amended, (SB 21-271), ch. 462, p. 3203, 313, effective March 1, 2022.

Annotations

Cross references: For obstructing government operations, see 18-8-102.

Annotations

 

ANNOTATION

Annotations

The term "public employee" is unambiguous and means a person who works in the service of a governmental entity under an express or implied contract of hire, under which the governmental entity has the right to control the details of the person's work performance. People v. Rediger, 2018 CO 32, 416 P.3d 893.

The phrase "public official or employee" applies only to a victim who is either an official or an employee of a public entity. To construe the word "employee" as meaning anyone who is employed, regardless of whether his or her employer is a private contractor or a governmental entity, is contrary to the plain meaning of the statute. People v. Moore, 2013 COA 86, 338 P.3d 348; People v. Rediger, 2015 COA 26, 411 P.3d 907, aff'd, 2018 CO 32, 416 P.3d 893.

Building used by a victim who is not a public employee is not a "public building". People v. Rediger, 2015 COA 26, 411 P.3d 907, aff'd in part and rev'd in part on other grounds, 2018 CO 32, 416 P.3d 893.