Colorado Court of Appeals People in the Interest of C.F., a child 11CA0928

Decision here.

   C.F. made calls to various schools over Thanksgiving break, each threatening that he would blow them up (he did say in a couple of the calls that he would back off if they delivered 40 lbs of crack, or if the person he was calling shot themself).  He was eventually charged with making a false report of a bomb, and with interference with staff, faculty, or students of educational institutions.

C.R.S. 18-8-110
Any person who reports to any other person that a bomb
or other explosive, any chemical or biological agent, any
poison or weapon, or any harmful radioactive substance
has been placed in any public or private place or vehicle
designed for the transportation of persons or property,
knowing that the report is false, commits a class 6 felony.

C.R.S. 18-9-109
(2)  No person shall, on the premises of any
educational institution or at or in any building or other
facility being used by any educational institution,
willfully impede the staff or faculty of such institution in
the lawful performance of their duties or willfully impede
a student of the institution in the lawful pursuit of his
educational activities through the use of restraint,
abduction, coercion, or intimidation or when force and
violence are present or threatened.

   He was acquitted of the first charge because the trial court held that in order to violate 18-8-110 C.F. would have had to report that a bomb was already in place, rather than just that a bomb would be in place at some future time.  He was acquitted of the second charge because the trial court held that in order to meet that statute C.F. would have to be on the premises of the school at the time of the offense.  The people appealed, and the court of appeals held affirmed.  The court of appeals pointed out (in a nice little "Fuck you" to the prosecutor) that they should have charged C.F. with a violation of a different subsection of interference with staff, faculty, or students of educational facilities:

C.R.S. 18-9-109
(6)(a)  A person shall not knowingly make or convey
to another person a credible threat to cause death or to
cause bodily injury with a deadly weapon against:
(I)  A person the actor knows or believes to be a
student, school official, or employee of an educational
institution; or
(II)  An invitee who is on the premises of an
educational institution.
(b)  For purposes of this subsection (6), "credible
threat" means a threat or physical action that would
cause a reasonable person to be in fear of bodily injury
with a deadly weapon or death.
(c)  A person who violates this subsection (6)
commits a class 1 misdemeanor.

   Too late for that now.