1972, August, Pg. 13. Article IX: The Colorado Criminal Code.

• Author: by Carroll E. Multz

1 Colo.Law. 13

Colorado Lawyer

1972.

1972, August, Pg. 13.

Article IX: The Colorado Criminal Code

13Vol. 1, No. 10, Pg. 13Article IX: The Colorado Criminal Codeby Carroll E. MultzCarroll E. Multz, Colorado Springs, is Chief Trial Deputy for the Fourth Judicial District. He was one of the drafters of the new Colorado Criminal Code and is the author of numerous publications, including The Colorado Criminal Law Handbook, Criminal Law for Police, and Civil Law for Police. His article, the eighth in a series, examines Article IX of the Code.The main thrust of Article IX is to provide prohibitions against the abuse of the right to free speech and expression. Entitled "Offenses Against Public Peace, Order, and Decency," Article IX is divided into three general areas: (1) public peace and order; (2) cruelty to animals; and (3) offenses involving communications.

Public Peace and OrderMass demonstrations involving mob violence precipitated the changes brought about by enactment of the following sections of the Code. With rare exception they have no counterpart in the old law.

Engaging in a Riot. The Code redefines a "riot" to mean a public disturbance involving an assemblage of five or more persons who, by "tumultuous and violent conduct," create grave danger of injury to persons or damage to property, or substantially obstruct the performance of any governmental function. Two or more persons were required to constitute a riot under the old law.

Under the Code, it is a class 2 misdemeanor to engage in a riot. However, if the participant "employs" a deadly weapon or "destructive device" in the course of a riot, he commits a class 4 felony. (A "destructive device" is defined by the Code as any material, substance or mechanism capable of causing sudden and violent injury, damage, destruction or death.)

Inciting Riot. The new section provides a broad proscription against agitators and those who spur others to violence. A person commits inciting riot if he: (1) incites or urges a group of five or more persons to engage in a current or impending riot, or (2) commands, instructs or signals a group of five or more persons in furtherance of a riot. Inciting riot is a class 5 felony if injury to a person or damage to property results therefrom. Otherwise, it is a class 1 misdemeanor.

Arming Rioters. The gravamen of the new offense is that the offender's conduct creates great risk of injury to persons and damage to property. A person commits arming rioters if he: (1) knowingly supplies a deadly weapon or destructive device for use in a riot, or (2) teaches another to prepare or use a deadly weapon or destructive

14device with intent that the same be used in a riot. Arming rioters is a class 4 felony.Disobedience of Public Safety Orders under Riot Conditions. The new section provides a minor offense for the effective control of disorders by allowing law enforcement authorities the power to quell disorders before they reach unmanageable proportions. It deals with the giving of an unruly crowd a warning to disperse and incorporates elements of the old offense of unlawful assembly.

A person commits the new offense if, during a current or impending riot, he intentionally disobeys a reasonable "public safety order" to move, disperse, or refrain from specified activities in the immediate vicinity of the riot. The Code defines a "public safety order" as an order designed to: (1) prevent or control disorder, or (2) promote the safety of persons or property, issued by an authorized member of the police, fire, military, or other forces concerned with the riot.

The Code, however, specifically excludes news reporters observing or recording the events of a riot unless they physically obstruct law enforcement authorities in coping with such riot. Disobedience of public safety orders under riot conditions is a class 3 misdemeanor.

Disorderly Conduct. The new provision prohibits a broad range of minor but obnoxious conduct and combines elements of traditional prohibitions against disturbing the peace. A person commits disorderly conduct if he intentionally, knowingly, or recklessly commits one or more of the following acts: (1) makes a coarse and obviously offensive utterance, gesture, or display in a public place (class 1 petty offense); (2) abuses or threatens a person in a public place in an obviously offensive manner (class 1 petty offense); (3) makes unreasonable noise in a public place, or near a private residence that he has no right to occupy (class 1 petty offense); (4) fights with another in a public place (class 3 misdemeanor); (5) not being a peace officer, discharges a firearm in a public place other than a shooting gallery or rifle range (class 2 misdemeanor); or (6) not being a peace officer, displays a deadly weapon in a public place in a manner calculated to alarm (class 2 misdemeanor).

The above represents a significant expansion of the old law. For example, under (6), supra, it is no longer necessary to prove that the accused had the intent to assault.

Obstructing...