Menacing is charged in Denver, El Paso, and Douglas County, Colorado when a person places another in fear of serious bodily injury. A prep school tech director recently pled guilty to Menacing after he recruited his son to help pull off a smoke bomb prank in his school. According to the report, the director and his son were attempting to plant the smoke bomb in the cafeteria when another employee intervened. The school was evacuated and the SWAT team and bomb squad were called in. The director was arrested and charged with Menacing, Contributing to the Delinquency of a Minor, and Possession of a Hoax Explosive Device.
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Douglas County Menacing Lawyer: Definition of Menacing in Arapahoe County
The Arapahoe and Douglas County, Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
“A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.”
Even though the device was a smoke bomb and not generally harmful, because people felt in danger for their lives not knowing the device's power, the man faced the felony Menacing charge.
Jefferson County Possession of an Explosive Device Hoax Definition in Adams County
The Jefferson and Adams County, Colorado law definition of Possession of Explosives or Incendiary Device Hoax – C.R.S. 18-12-109 – is:
“Any person who manufactures or possesses or who gives, mails, sends, or causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.”
Much like Menacing, the device doesn't have to be a true threat in order to be charged with this crime. Even a hoax or fake device that resembles the real thing is a felony charge.
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