(1) No person shall, on or near the premises or facilities of any educational institution, willfully deny to students, school officials, employees, and invitees:(a) Lawful freedom of movement on the premises;(b) Lawful use of the property or facilities of the institution;(c) The right of lawful ingress and egress to the institution's physical facilities.(2) No person shall, on the premises of any educational institution or at or in any building or other facility being used by any educational institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his educational activities through the use of restraint, abduction, coercion, or intimidation or when force and violence are present or threatened.(3) No person shall willfully refuse or fail to leave the property of or any building or other facility used by any educational institution upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit, or incites others to commit any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.(4) It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.(5)(a) Any person who violates any of the provisions of this section, except subsection (1) or (6) of this section, commits a class 2 misdemeanor.(b) A person who violates subsection (1) of this section commits a petty offense.(6)(a) A person shall not knowingly make or convey to another person a credible threat to cause death or to cause bodily injury with a deadly weapon against: (I) A person the actor knows or believes to be a student, school official, or employee of an educational institution; or(II) An invitee who is on the premises of an educational institution.(b) For purposes of this subsection (6), "credible threat" means a threat or physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon or death.(c) A person who violates this subsection (6) commits a class 1 misdemeanor.(7) For purposes of this section, the premises, facilities, and buildings of an educational institution do not include the private residence of a student who is participating in online instruction, as defined in section 22-1-131 (2).Amended by 2021 Ch. 462, § 312, eff. 3/1/2022.Amended by 2021 Ch. 200, § 3, eff. 5/28/2021.L. 71: R&RE, p. 468, § 1. C.R.S. 1963: § 40-9-109. L. 73: p. 539, § 8. L. 2005: (5) amended and (6) added, p. 1499, § 4, effective July 1. L. 2021: (7) added, (HB 21-1059), ch. 1061, p. 1061, § 3, effective May 28; (5) amended, (SB 21-271), ch. 3202, p. 3202, § 312, effective March 1, 2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022. 2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .