Unlawful Conduct on Public Property in Colorado

The attorneys at Rights & Liberties Law Firm are experienced criminal defense attorneys in Colorado who defend people charged with unlawful conduct on public property.

Unlawful conduct on public property is defined in C.R.S. 18-9-117 which defines the offense as follows:

C.R.S. 18-9-117, Colorado’s Unlawful Conduct on Public Property Statute

In Colorado a person commits unlawful conduct on public property defined as:

(1) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection (1), limiting or prohibiting the use or activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management, or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection, and maintenance of such public buildings and property, specifically, orders, rules, and regulations upon the following matters:

(a) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds, and other structures, and any object of scientific, historical, or scenic interest;

(b) Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities;

(c) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral or funeral procession;

(d) Necessary sanitation, health, and safety measures, consistent with section 25-13-113, C.R.S.;

(e) Camping and picnicking, public meetings and assemblages, and other individual or group usages, including the place, time, and manner in which such activities may be permitted;

(f) Use of all vehicles as to place, time, and manner of use;

(g) Control and limitation of fires, including but not limited to the prohibition, restriction, or ban on fires or other regulation of fires to avert the start of or lessen the likelihood of wildfire, and the designation of places where fires are permitted, restricted, prohibited, or banned.

(2) No conviction may be obtained under this section unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the officer or agency, including any agent thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided in subsections (3)(b) and (3)(c) of this section, any person who violates subsection (1) of this section is guilty of a petty offense.

(b) Any person who violates any order, rule, or regulation adopted pursuant to paragraph (g) of subsection (1) of this section is guilty of a class 2 misdemeanor and shall be assessed a fine of not less than two hundred fifty dollars and not greater than one thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and not subject to suspension. Nothing in this paragraph (b) shall be construed to limit the court’s discretion in exercising other available sentencing alternatives in addition to the mandatory fine.

(c) Any person who violates any order, rule, or regulation adopted pursuant to paragraph (c) of subsection (1) of this section concerning funerals or funeral processions is guilty of a class 2 misdemeanor.

Possible Penalties for Unlawful Conduct on Public Property in Colorado

Unlawful Conduct on Public Property

C.R.S. 18-9-117(3)(a)

C.R.S. 18-9-117(2)(b) and (c)

Possible Penalties

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Unlawful Conduct on Public Property

(Click Links Below To See Penalties)

C.R.S. 18-9-117(3)(a)

C.R.S. 18-9-117(2)(b) and (c)

Possible Penalties

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Defenses to Unlawful Conduct on Public Property in Colorado

General Denial

The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the offense exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.

First Amendment – Free Speech, Right to Assemble, and Protest Defense to Unlawful Conduct on Public Property

The First Amendment to the U.S. Constitution and Art. II. Section 7 of the Colorado Constitution protects an individual’s right to freedom of speech and the right to peaceably assemble. These rights are instrumental in allowing citizens to express their views and to protest without fear of government interference.

The right to peaceful protest is closely tied to the freedom of speech. This means that individuals have the right to express their views, even if they are controversial or unpopular, without fear of retaliation, censorship, or legal sanction. The right to assemble peaceably is also protected, allowing people to come together and collectively express, promote, pursue, and defend their ideas.

When unlawful conduct on public property charges arise out of protest or speech related activities, in certain circumstances the accused can raise a free speech, right to assemble and protest defense. This defense involves arguing that the actions taken were a form of protected speech or assembly. Free speech defenses involve a complex fact specific inquiry that depends heavily on the details of the case, including the nature of the advocacy, the intent of the individual, and the impact on the audience. In certain circumstances, the First Amendment can be a powerful defense to unlawful conduct on public property charges.

Mistaken Identity

Mistaken identity is a general denial defense that attacks the element of who committed the alleged offense. As the prosecution is required not only to prove that the offense happened, but that the person charged committed the offense, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of an unlawful conduct on public property case, mistaken identity defenses usually arise when the accused is arrested and charged with disobedience to public safety orders in riot conditions after the alleged offense happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.

Alternate Suspect

The alternate suspect defense occasionally arises in unlawful conduct on public property cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the offense. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of offense by raising the possibility that another person committed the offense rather than the accused. In Colorado unlawful conduct on public property trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”

If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in unlawful conduct on public property cases, certain circumstances will give rise to the availability of this defense.

Duress

Under Colorado’s duress statute C.R.S. 18-1-708, a person may not be convicted of an offense, other than a class 1 felony, based upon conduct in which he engaged at the direction of another person because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally or recklessly places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof. The choice of evils defense, provided in section 18-1-702, shall not be available to a defendant in addition to the defense of duress provided under this section unless separate facts exist which warrant its application.

Entrapment

Under Colorado’s entrapment statute, C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used.

Choice of Evils

Under Colorado’s choice of evils statute, C.R.S. 18-1-702 (1) conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

Statute of Limitations for Unlawful Conduct on Public Property in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for unlawful conduct on public property in Colorado is as follows:

Misdemeanor unlawful conduct on public property charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)
Petty unlawful conduct on public property charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)

Legal References

C.R.S. 18-9-117 https://colorado.public.law/statutes/crs_18-9-117

Contact the Attorneys at Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with unlawful conduct on public property, contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged, time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:

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