Colorado Revised Statutes 1997
18-9-121. Ethnic Intimidation.
(1) The general assembly hereby finds and declares
that it is the right of every person, regardless of race, color,
ancestry, religion, or national origin, to be secure and protected
from fear, intimidation, harassment, and physical harm caused by the
activities of individuals and groups. The general assembly further
finds that the advocacy of unlawful acts against persons and groups
because of a person's or group's race, color, ancestry, religion,
or national origin, for the purpose of inciting and provoking bodily
injury or damage to property, poses a threat to public order and
safety and should be the subject of criminal sanctions.
(2) A person commits ethnic intimidation if, with the intent
to intimidate or harass another person because of that person's
race, color, religion, ancestry or national origin, he:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in
fear of imminent lawless action directed at that person or that
person's property and such words or conduct are likely to produce
bodily injury to that person or damage to that person's property;
or
(c) Knowingly causes damage to or destruction of the property
of another person.
(3) Ethnic intimidation is a class 1 misdemeanor, except that
a violation of paragraph (a) of subsection (2) of this section is
a class 5 felony.
(4) The criminal penalty provided int his section for ethnic
intimidation does not preclude the victim of such action from
seeking any other remedies otherwise available under law.
13-21-106.5 Civil damages for destruction or bodily injury causes
by ethnic intimidation.
(1) The victim, or a member of the victim's
immediate family, is entitled to recover damages from any person,
organization, or association who commits or incites others to
commit the offense of ethnic intimidation as defined in section 18-
9-121 (2), C.R.S. Such person, organization, or association shall
be civilly liable to the victim, or a member of the victim's
immediate family for the actual damages, costs, and expenses
incurred in connection with said action. For purposes of this
section, "immediate family" includes the victim's spouse and the
victim's parent, sibling, or child who is living with the victim.
(2) A conviction for criminal ethnic intimidation pursuant to
section 18-9-21, C.R.S., shall not be a condition precedent to
maintaining a civil action pursuant to the provisions of this
section.
(3) In any civil action brought pursuant to this section in
which damages are assessed by a jury, upon proof of the knowledge
and intent defined in section 18-9-121 (2) (a) and (2) (c), C.R.S.,
in addition to the actual damages, the jury may award punitive
damages. Said punitive damages shall not be subject to the
limitations in section 13-21-102 or section 13-21-102.5.
COLORADO LAW IN PERSPECTIVE: LEGAL PROTECTIONS FOR VICTIMS OF HATE
CRIMES, by Gia Lee, Legal Fellow, Lawyer's Committee for Civil
Rights Under Law (footnotes omitted)
I. CRIMINAL STATUTES
* Colorado includes races, color, ancestry, religion and
national origin as protected categories under its bias crime
statute. Colo. Rev. Stat. Section 18-9-121 (1997)
* Colorado law does not include gender, sexual orientation,
disability, or age as protected categories in its bias crime
statute.
* 25 States and the District of Columbia include gender as
a protected category in penalty enhancement and/or
independent criminal civil rights statutes. These states
include AK, AZ, CA, CT, ID, IL, IN, IA, LA, LA ME, MA,
MI, MN, MS, MT, NE, NH, NJ, ND, UT, VT, WA, WV, WY.
* 20 states and the District of Columbia include sexual
orientation as a protected category in penalty
enhancement and/or independent criminal civil rights
statutes. These states include AZ, CA, CT, DE, FL, IL,
IA, LA, ME, MA, MN, NE, NV, NH, NJ, OR, RI, VT, WA and
WI.
* 23 states and the District of Columbia include disability
or handicap as a protected category in penalty
enhancement and/or independent criminal civil rights
statutes. These states include AL, AK, AZ, CA, CT, DE,
IL, IN, IA, KS, LA, ME, MA, MN, MT, NE, NV, NJ, OK, RI,
VT, WA and WI.
* 10 states and the District of Columbia include age as a
protected category in penalty enhancement and/or
independent criminal civil rights statutes. These states
include AK, AZ, CA, IA, KS, LA, MN, MT, NE and VT.
* Federal law provides additional criminal statutes under which
certain hate crime offenders may be prosecuted.
* 18 U.S.C. section 245 prohibits wilful interference by
force or threat of force with certain federally protected
rights, where such interference is motivated by
discrimination on the basis of race, color, religion, or
national origin.
* 18 U.S.C. section 241 broadly prohibits conspiracies to
injure, oppress, threaten, or intimidate any citizen in
the free exercise of rights protected by the Constitution
of the United States.
* 42 U.S.C. section 3631 prohibits wilful interference by
force or threat of force with civil rights under the Fair
Housing Act due to a person's race, color, religion, sex,
handicap, or national origin.
* 18 U.S.C. section 242 prohibits wilful deprivation, under
color of law, of constitutional and federal statutory
rights by reason of race, color, or alienage.
II CIVIL REMEDIES
* Colorado law provides a civil remedy for victims of hate
crimes based on race, color, religion, ancestry, or national
origin. Colo. Rev. Stat. Section 13-21-106.5 (1997). Victims,
or members of their immediate family, may seek compensatory
and punitive damages for bodily injury or destruction of
property, and may recover costs and expenses incurred in
connection with the action.
* Federal law provides a civil remedy for victims of gender-
motivated crimes of violence. Victims may seek compensatory
and punitive damages as well as injunctive and declaratory
relief. The crime must be "committed because of the gender and
due -- at least in part -- to an animus based on the victim's
gender." Title IV of the Violence Against Women Act, section
40302.
* The following federal statutory remedies may also be relevant
for hate crime victims:
* 42 U.S.C. section 1985(3) imposes civil liability on
individuals who conspire to deprive any person or class
of persons of "the equal protection of the laws or of
equal privileges and immunities under the laws."
* 42 U.S.C. section 3617 provides a civil remedy to anyone
coerced, threatened, intimidated, or interfered with for
exercising particular rights granted under the Fair
Housing Act.
* 42 U.S.C. section 1981 guarantees that all persons shall
have the same right "to make and enforce contracts, to
sue, be parties, give evidence, and to the full and equal
benefit of all laws and proceedings for the security of
persons and property as is enjoyed by white citizens."
* 42 U.S.C. section 1982 ensures that all citizens will
have the same right to inherit, purchase, lease, sell,
hold, and convey real and personal property, as have
white citizens.