21SA181 People v. Moreno, Alfred

Summary

The court affirmed the district court’s dismissal of Moreno’s harassment charge, holding that the phrase “intended to harass” in the electronic-communications subsection of Colorado’s harassment statute is facially and substantially overbroad. The phrase reaches a substantial amount of protected speech, and no limiting construction could cure the defect, so the court severed the phrase while preserving the statute’s prohibitions on threats and obscenity.