CRS § 18-9-306.5 – Obstruction of Telephone Service – Colorado Law

CRS § 18-9-306.5 is the Colorado law that makes it a crime to knowingly obstruct telephone or telegraph services. As a class 1 misdemeanor, obstructing a telecommunications service carries

1. up to 364 days in jail and/or
2. up to $1,000 in fines.

The language of the statute reads:

(1) A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.
(2) Obstruction of telephone or telegraph service is a class 1 misdemeanor.

In this article, our Colorado criminal defense attorneys discuss the following topics re. obstruction of telephone services:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• Additional Reading

1. Elements

The Colorado crime of obstructing telephone or telegraph service is knowingly interfering with any communication sent by a telegraph or telephone-

• line,
• wire,
• cable,
• facility,
• cordless device,
• wireless device,
• electronic device,
• mechanical device, or
• other device¹

2. Penalties

Obstructing a telephone service in Colorado is a class 1 misdemeanor, which is punishable by:

• Up to 364 days in jail and/or
• Up to $1,000 in fines.³

Courts may grant probation in lieu of incarceration.⁴

If your phone obstruction case involves domestic violence, there are additional consequences:

• A restraining order will be issued against you for the pendency of the case;
• If you get convicted, you may be evaluated and be ordered to take a domestic violence treatment program; and
• The protection order could be extended following your conviction.

Note that violating a protective order (CRS 18-6-803.5) is usually also a class 1 misdemeanor.⁵

3. Defenses

Five potential defenses to Colorado obstruction of telephone service charges are to show that:

1. You did not act knowingly, and the incident was an innocent accident;
2. Nothing you did actually delayed, obstructed, or prevented a telecommunication;
3. You were falsely accused or misidentified;
4. You were entrapped by a law enforcement officer; and/or
5. The police officers found the evidence through an illegal search and seizure.

Prosecutors have the burden to prove guilt beyond a reasonable doubt. If we can show the district attorney that the evidence is insufficient to sustain a conviction, the D.A. may be willing to reduce your charge through a plea bargain or dismiss the case.

4. Record Seals

Colorado convictions for obstructing telephone or telegraph services are sealable three years after the case ends. If the charge is dismissed, you may petition for a record seal immediately.⁶

Learn how to get a criminal record seal in Colorado.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Security challenges to telecommunication networks: An overview of threats and preventive strategies – 2015 International Conference on Cyberspace.
• Telecommunication fraud in the digital age – Crime and the Internet.
• Crime in the Digital Age – Routledge.
• Old and New Crimes in the Telecommunication World: The Case of Mobile Telephony – Rights, deviancy, and crime in a transnational era.
• Modern possibilities of forensic examination in the process of investigation of crimes in the field of computer systems and telecommunication networks – Law Journal of the National Academy of Internal Affairs.

See our related articles on criminal mischief (CRS 18-4-501), embezzlement of public property (CRS 18-8-407 ), and wiretapping (CRS 18-9-303).

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