People v. Baer

973 P.2d 1221
CourtSupreme Court of Colorado
DecidedJanuary 25, 1999
DocketNo. 97SA426
StatusPublished

This text of 973 P.2d 1221 (People v. Baer) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Baer, 973 P.2d 1221 (Colo. 1999).

Opinion

Justice MARTINEZ

delivered the Opinion of the Court.

The People appeal an order entered by the Moffat County District Court dismissing the case against David Richard Baer. The People charged Baer with two counts of harassment by stalking in violation of section 18-9-lll(4)(a)(II), 6 C.R.S. (1998). The trial court dismissed the charges because it found the statute unconstitutionally overbroad and unconstitutionally vague. We conclude that section 18-9-lll(4)(a)(II) is constitutional both on its face and as applied to Baer’s alleged conduct. Accordingly, we reverse the judgment of the trial court and remand the case for further proceedings.

I.

The charges against Baer stem from his alleged contact with Darlene and Allen Schel-ler in December of 1996. Prior to this time and prior to her marriage to Mr. Seheller, Mrs. Seheller was involved in a relationship with Baer while residing in California. This relationship resulted in a son. Baer and Mrs. Seheller never married and, after the relationship ended, Mrs. Seheller moved to Moffat County, Colorado. During the period relevant to this ease, she resided there with her son and her husband. There are no custody orders or agreements regarding the child.

According to the People, on or between December 3, 1996 and December 12, 1996, Baer committed harassment by stalking through his repeated communications with the Schellers. Although the People’s complaint does not specify the episodes forming the basis for the charges, the affidavit supporting the arrest warrant sets forth many details. The allegations in the affidavit are summarized as follows. Baer telephoned the Schellers at least seven times during the ten days relevant to the complaint. On December 3, 1996, Baer called Mrs. Seheller and threatened to kill her and her husband if she did not tell Baer the whereabouts of his son. On December 4, 1996, Baer called Mrs. Seheller twice: the first time merely laughing before she hung up, and the second time indicating that he was half-way to Colorado and he was going to kill her.

Baer made three calls on December 6, 1996. In the first, he asked Mrs. Seheller if she were “ready to die.” In the second call, Baer stated that, if Mrs. Seheller did not return to California within two weeks, he would have her “brought back on criminal charges.” The third call was made to Mr. Scheller’s place of employment. Although Mr. Seheller refused to take the call, his employer reported that Baer claimed Mr. Seheller had kidnapped Baer’s son and was holding him for ransom. Mr. Scheller’s employer terminated the call after Baer made vulgar and threatening remarks. Finally, the affidavit asserts that, on December 12, 1996, Baer left the following message on the Schellers’ answering machine:

You want to play games and be a con artist and keep me from my son. You have a major fucking war on your hands. I’ve been fair to you. No more fucking nice-guy. All I care about living for is to fuck you over, you fat fucking ugly cunt and Allen too. You both want to play games with me? All fucking things cease as of today. I care nothing else about in life, but to get both of you mother fuckers. And believe me the shit is going to happen. Have a nice fucking life.

Baer was subsequently arrested and charged with violating section 18-9-lll(4)(a)(II). Section 18-9-lll(4)(a) provides:

In addition to the circumstances described in subsection (1) of this section, a person [1228]*1228commits harassment by stalking if directly or indirectly through another person such person knowingly:
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(II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person or a member of that person’s immediate family, whether or not a conversation ensues.

For purposes of this section, a “credible threat” is defined as a “threat that would cause a reasonable person to be in fear for the person’s life or safety or the safety of his or her immediate family[.]” § 18-9-lll(4)(b)(I).1 Section 18-9-111(4)(b)(III) states, “ ‘In connection with’ means acts occurring either before, during, or after the credible thread”

Baer moved to dismiss the charges on the grounds that the statute is unconstitutionally overbroad and unconstitutional as applied to him. After a hearing, the trial court agreed and granted Baer’s motion. The trial court’s conclusion that the statute is overbroad was based primarily upon the definition of “in connection with” in section 18-9-111(4)(b)(III). Using this definition, the trial court found that a person violates the statute if the person makes a credible threat to another and, at any time, makes any form of communication with the recipient of the threat regardless of whether the communication is related to, a part of, or in furtherance of the credible threat. Thus, the court concluded that the statute reaches a substantial amount of constitutionally protected speech. The trial court also found the statute unconstitutional as applied to Baer’s alleged conduct because the charges against him were based in part upon his protected communications regarding custody of his son.

Additionally, the trial court found the statute void for vagueness. Relying again upon the definition of “in connection with,” the court found that ordinary persons cannot know what communications are proscribed because the statute “prohibits communications with the-victim before a credible threat is made, whether or not the communication is related to the credible threat.” The court also reasoned that, even if it construed the statute to reach only those communications related to, a part of, or in furtherance of the threat, the statute would still be unconstitutional because it does not contain a specific intent requirement. Consequently, the trial court found the statute void on its face.

The People appeal the trial court’s order pursuant to section 16-12-102, 6 C.R.S. (1998), and section 13-4-102, 5 C.R.S. (1998). We reverse.

II.

This case calls upon us to examine section 18 — 9—111 (4)(a)(II) for the first time. Because the resolution of this appeal largely depends upon the meaning of this statute, we first address the proper interpretation of section 18—9—111(4)(a)(II). See People v. Holmes, 959 P.2d 406, 410 (Colo.1998) (discussing operation of Contraband Statute before addressing its constitutionality). We then investigate whether the statute comports with constitutional norms.

A.

In interpreting a statute, we must ascertain the intent of the legislature. See Weld County Sch. Dist. RE-12 v. Bymer, 955 P.2d 550, 554 (Colo.1998). To this end, we afford the language of a statute its plain and ordinary meaning. See Christie v. Coors Transp. Co., 933 P.2d 1330, 1332 (Colo.1997). Where the statutory language leaves doubt as- to its meaning, we may examine other sources of legislative intent, including the legislature’s objective, the circumstances surrounding the enactment, and the consequences of a particular construction. See State Eng’r v. Castle Meadows, Inc., 856 P.2d 496, 504 (Colo.1993). With these guid[1229]*1229ing principles, we turn to section 18-9-lll(4)(a)(II).

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973 P.2d 1221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baer-colo-1999.