Terrorist Training Activities in Colorado

The attorneys at Rights & Liberties Law Firm are experienced criminal defense attorneys in Colorado who defend people charged with terrorist training activities.

Terrorist training activities is defined in C.R.S. 18-9-120 which defines the offense as follows:

C.R.S. 18-9-120, Colorado’s Terrorist Training Activities Statute

In Colorado a person commits terrorist training activities defined as:

(1) As used in this section, unless the context otherwise requires:

(a) “Civil disorder” means any planned public disturbance involving acts of violence by an assemblage of two or more persons that causes an immediate danger of, or results in, damage or injury to property or to another person.

(b) “Explosive or incendiary device” means:

(I) Dynamite and all other forms of high explosives;

(II) Any explosive bomb, grenade, missile, or similar device;

(III) Any incendiary bomb or grenade, fire bomb, or similar device, including any device which:

(A) Consists of or includes a breakable receptacle containing a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and

(B) Can be carried or thrown by one person acting alone.

(c) “Firearm” means any weapon which is designed to expel or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

(d) “Law enforcement officer” means any peace officer of this state, as described in section 16-2.5-101, C.R.S., including a member of the Colorado National Guard or any peace officer of the United States, any state, any political subdivision of a state, or the District of Columbia. “Law enforcement officer” includes, but is not limited to, any member of the National Guard, as defined in 10 U.S.C. sec. 101 (9), any member of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia who is not included within the definition of National Guard, and any member of the armed forces of the United States.

(2) Any person who teaches or demonstrates to any person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to any person and who knows that the same will be unlawfully used in furtherance of a civil disorder and any person who assembles with one or more other persons for the purpose of training or practicing with, or being instructed in the use of, any firearm, explosive or incendiary device, or technique capable of causing injury or death to any person with the intent to unlawfully use the same in furtherance of a civil disorder commits a class 5 felony.

(3) Intentionally left blank —Ed.

(a) Nothing in this section makes unlawful any activity pursuant to section 13 of article II of the state constitution or activity of the parks and wildlife commission, any law enforcement agency, any hunting club, or any rifle club, any activity engaged in on a rifle range, pistol range, or shooting range, or any activity undertaken pursuant to any shooting school or other program or instruction, any of which activities is intended to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques and is employed in connection with lawful sports or teach the use of arms for the defense of home, person, or property, or the lawful use of force as defined in part 7 of article 1 of this title, or other lawful activities.

(b) Nothing in this section shall make unlawful any act of a law enforcement officer which is performed as a part of his official duties.

Possible Penalties for Terrorist Training Activities in Colorado

Terrorist Training Activities

C.R.S. 18-9-120(2)

Possible Penalties

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Defenses to Terrorist Training Activities 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 Terrorist Training Activities

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 terrorist training 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 terrorist training.

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 a terrorist training activities 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 terrorist training activities 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 terrorist training activities 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 terrorist training activities 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 Terrorist Training Activities 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 terrorist training activities in Colorado is as follows:

Felony terrorist training activities charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)

Legal References

C.R.S. 18-9-120 https://colorado.public.law/statutes/crs_18-9-120

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

If you’ve been charged with terrorist training activities, 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:

The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.