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.