Housing Laws

For the purposes of Colorado’s housing laws, stalking can happen in two ways.¹ In either situation, it can be done directly or indirectly through another person.²

1. The first definition of stalking is when someone makes a “credible threat” that causes you to be in fear for your safety, or for the safety of your immediate family or intimate partner. As a way to make you afraid, the stalker must do one of the following to you, or to your immediate family or intimate partner:

• repeatedly follow, approach, contact, or watch you (put you under surveillance); or
• repeat any form of communication, such as phone calls, texts, or emails.  It does not matter if any words are spoken or not – for example, the stalker can keep calling and hanging up.²

A “credible threat” means a threat, physical action, or repeated behavior that would cause a reasonable person to be in fear for their safety, or for the safety of their immediate family or intimate partner.³

2. The second definition of stalking is when someone repeatedly does any of the following to you, your immediate family, or your intimate partner that causes serious emotional pain (distress):

• follows;
• approaches;
• contacts;
• places under surveillance; or
• uses any form of communication.⁴

“Immediate family” means your spouse, parent, grandparent, sibling, or child.⁵

The big difference between the two definitions is that the first one involves the stalker causing you to fear for the safety of you or your family and the second one does not. In the second one, the behavior must cause you to be seriously upset (distressed) but you don’t necessarily have to fear for your life or safety.

¹ Colo. Rev. Stat. § 38-12-401(5)
² Colo. Rev. Stat. § 18-3-602(1)(a), (b)
³ Colo. Rev. Stat. § 18-3-602(2)(b)
⁴ Colo. Rev. Stat. § 18-3-602(1)(c)
⁵ Colo. Rev. Stat. § 18-3-602(2)(c)