Menu icon Access the Business Officer Magazine menu by clicking or touching here.
Colorado Lawyer Magazine logo, click or touch this logo to return to the homepage Click or touch the Colorado Lawyer Magazine logo to return to the homepage. Search

Pearson v. People.

2022 CO 4. No. 20SC463. Harassment—Self-Defense—Affirmative Defense.

January 10, 2022

In this case, the Supreme Court considered whether a defendant can claim self-defense as an affirmative defense to the charge of harassment (striking, shoving, kicking), under CRS § 18-9-lll(l)(a).

The Court held that a defendant can assert self-defense as an affirmative defense to the crime of harassment so long as there is some credible evidence to allow a reasonable jury to find that the defendant acted with intent to alarm, as outlined in CRS § 18-9-lll(l)(a), as a means of self-defense. The Court also held that the district court erred by affirming the trial court’s determination that defendant was not entitled to an instruction on self-defense as an affirmative defense to his harassment charge under CRS § 18-9-lll(l)(a).

Accordingly, the district court’s judgment was reversed and the case was remanded with instructions to return the matter to the trial court for further proceedings.

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.

Back to the From the Courts Page