C.R.S. § 18-9-202 — CO Code / Title 18 / Article 9 / Part 2 / Section 18-9-202
18-9-202. Cruelty and aggravated cruelty to animals, service animals, and law enforcement
Status: repealed

18-9-202. Cruelty and aggravated cruelty to animals, service animals, and law enforcement animals - penalties - short title - definition. (1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.

(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.

(1.5) (a) A person commits cruelty to animals if the person recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

(b) A person commits aggravated cruelty to animals if the person:

(I) Knowingly tortures, needlessly mutilates, or needlessly kills an animal; or

(II) Knowingly kills or causes serious bodily injury that results in the death of a law enforcement animal, whether the law enforcement animal is on duty or not on duty. For the purposes of this subsection (1.5)(b)(II), "serious bodily injury" means bodily injury that involves a substantial risk of death, a substantial risk of permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, breaks, fractures, a penetrating wound from a knife or a penetrating gunshot wound, or burns of the second or third degree.

(c) A person commits cruelty to a service animal or a law enforcement animal if the person violates subsection (1) of this section with respect to a service animal or a law enforcement animal, as those terms are defined in section 18-9-201, whether the service animal or law enforcement animal is on duty or not on duty.

(1.6) Repealed.

(1.8) (a) A peace officer having authority to act pursuant to this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section 18-9-204 and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.

(b) (I) A licensed veterinarian is immune from criminal liability and is not in violation of the provisions of section (1.5)(b)(II) of this section if:

(A) The licensed veterinarian provides veterinary treatment for an injured law enforcement animal; or

(B) The licensed veterinarian euthanizes the law enforcement animal after determining that the law enforcement animal, due to a critical injury, is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery.

(II) A person who owns or who is charged with the care of a law enforcement animal is immune from criminal liability and is not in violation of the provisions of section (1.5)(b)(II) of this section if such person is able to reasonably determine that the law enforcement animal, due to a critical injury, is experiencing extreme pain or suffering, or is severely injured past recovery.

(2) (a) Except as otherwise provided in subsection (2)(b) of this section, cruelty to animals, or cruelty to a service animal or a law enforcement animal pursuant to subsection (1.5)(c) of this section, is a class 1 misdemeanor.

(a.5) (I) Repealed.

(II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation.

(III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. If the violation is a felony offense in violation of subsection (1.5) of this section, a felony offense in violation of subsection (2)(b)(II) of this section, or any other violation of this section demonstrating knowing torture or torment of an animal that needlessly injured, mutilated, or killed the animal, the court shall require a comprehensive evaluation to help determine the causative factors. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person must be ordered to complete, as a condition of any sentence to probation or a deferred judgment or sentence, an anger management treatment program, a mental health treatment program, or any other appropriate treatment program designed to address the underlying causative factors for the violation.

(IV) Upon successful completion of an anger management treatment program, a mental health treatment program, or any other appropriate treatment program, the court may suspend any fine imposed; except for a five-hundred-dollar mandatory minimum fine which shall be imposed at the time of sentencing.

(V) (A) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals pursuant to subsection (1) of this section or aggravated cruelty to animals pursuant to subsection (1.5)(b) of this section, is required to pay a mandatory minimum fine of one thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.

(B) In addition to any other sentence imposed upon a person for a violation of any criminal law pursuant to this title 18, a person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include cruelty to a service animal or a law enforcement animal pursuant to subsection (1.5)(c) of this section or aggravated cruelty to a service animal or aggravated cruelty to a law enforcement animal pursuant to subsection (1.5)(b) of this section, is required to pay a mandatory minimum fine of two thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program.

(V.5) In addition to any other sentence imposed for a felony conviction pursuant to this section, the court shall enter an order prohibiting the defendant from owning, possessing, or caring for a pet animal as defined in section 35-80-102 (10) as a condition of the sentence for a period of three to five years, unless the defendant's treatment provider makes a specific recommendation not to impose the ban and the court agrees with the recommendation.

(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.

(VII) This subsection (2)(a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when the treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 32 of title 44, the treatment of animals involved in research if the research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping.

(b) (I) A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.

(II) In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that:

(A) The offender, pursuant to section 18-1.3-202 (1), be committed to the county jail for ninety days; or

(B) The offender, pursuant to section 18-1.3-105 (3), be subject to home detention for no fewer than ninety days.

(III) In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section 18-1.3-701, including, but not limited to, the cost of care.

(c) Aggravated cruelty to animals, as described in subsection (1.5)(b) of this section, is a class 4 felony.

(d) (I) If a person is convicted of cruelty to a service animal pursuant to paragraph (c) of subsection (1.5) of this section, the court shall order him or her to make restitution to the agency or individual owning the service animal for any veterinary bills and replacement costs of the service animal if it is disabled or killed as a result of the cruelty to animals incident.

(II) If a person is convicted of cruelty or aggravated cruelty to a service animal or a law enforcement animal pursuant to subsection (1.5)(b) or (1.5)(c) of this section, the court shall order the person to make restitution to the agency or individual owning the service animal or law enforcement animal for all expenses, including any immediate and ongoing veterinary expenses related to the incident, and replacement costs for the service animal or law enforcement animal if it is permanently disabled or killed as a result of the cruelty or aggravated cruelty incident. If the court finds that the person who is convicted of cruelty or aggravated cruelty to a service animal or law enforcement animal pursuant to subsection (1.5)(b) or (1.5)(c) of this section did so with malicious intent, the person shall additionally make restitution to the agency or individual owning the service animal or law enforcement animal for all training and certification costs related to the service animal or law enforcement animal.

(2.5) (a) It is an affirmative defense to a charge brought pursuant to this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock.

(b) A person is justified in using physical force upon a law enforcement animal to defend their own person or a third person when the person reasonably believes that a law enforcement animal is an application of unreasonable or excessive force, in violation of section 18-1-707. This is an affirmative defense to a charge brought pursuant to this section that involves injury or death to a law enforcement animal.

(3) Nothing in this part 2 modifies in any manner the authority of the parks and wildlife commission, as established in title 33, C.R.S., or prohibits any conduct authorized or permitted under title 33, C.R.S.

(4) The short title of this section is "Punky's Law".
C.R.S. § 18-3-201 — CO Code / Title 18 / Article 3 / Part 2 / Section 18-3-201
18-3-201. Definitions
Status: in_force

18-3-201. Definitions. As used in sections 18-3-201 to 18-3-204, unless the context otherwise requires:

(1) "Emergency medical care provider" means a doctor, intern, nurse, nurse's aide, physician's assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health-care facility staff or security force who is involved in providing emergency medical care at a hospital or health-care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103 (1) and (1.5), C.R.S.

(1.3) "Emergency medical service provider" has the same meaning as set forth in section 25-3.5-103 (8), C.R.S. The term refers to both paid and volunteer emergency medical service providers.

(1.5) "Firefighter" means an officer or member of a fire department or fire protection or fire-fighting agency of the state, or any municipal or quasi-municipal corporation in this state, whether that person is a volunteer or receives compensation for services rendered as such firefighter.

(1.6) "Gender identity" and "gender expression" have the same meaning as in section 18-1-901 (3)(h.5).

(1.7) "Intimate relationship" has the same meaning as in section 18-6-800.3.

(2) "Peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties" means a peace officer, as described in section 16-2.5-101, C.R.S., a firefighter, or an emergency medical service provider, who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, firefighter, or emergency medical service provider, whether or not the peace officer, firefighter, or emergency medical service provider is within the territorial limits of his or her jurisdiction, if the peace officer, firefighter, or emergency medical service provider is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, firefighter, or emergency medical service provider knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider. For the purposes of this subsection (2) and this part 2, the term "peace officer" includes county enforcement personnel designated pursuant to section 29-7-101 (3), C.R.S.

(3) "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).
C.R.S. § 18-18-414 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-414
18-18-414. Unlawful acts - licenses - penalties
Status: in_force

18-18-414. Unlawful acts - licenses - penalties. (1) Except as otherwise provided in this article 18 or in article 280 of title 12, the following acts are unlawful:

(a) The dispensing or possession of a schedule I controlled substance except by a researcher who is registered under federal law to conduct research with that schedule I controlled substance;

(b) Except as provided in subsection (2) of this section, the dispensing of any schedule II controlled substance unless such substance is dispensed:

(I) From a pharmacy pursuant to a written order or an order electronically transmitted in accordance with 21 CFR 1311; or

(II) By any practitioner in the course of his or her professional practice;

(c) The dispensing of any schedule III, IV, or V controlled substance unless such controlled substance is dispensed from a pharmacy pursuant to a written, oral, mechanically produced, computer generated, electronically transmitted, or facsimile transmitted order or is dispensed by any practitioner in the course of his or her professional practice;

(d) The dispensing of any marijuana or marijuana concentrate;

(e) To refill any schedule III, IV, or V controlled substance more than six months after the date on which such prescription was issued or more than five times;

(f) The failure of a pharmacy to file and retain the prescription as required in section 12-280-134;

(g) The failure of a hospital to record and maintain a record of such dispensing as provided in section 12-280-134 or 27-80-210;

(h) The refusal to make available for inspection and to accord full opportunity to check any record or file as required by this article 18, part 1 of article 280 of title 12, or part 2 of article 80 of title 27;

(i) The failure to keep records as required by this article 18, part 1 of article 280 of title 12, or part 2 of article 80 of title 27;

(j) The failure to obtain a license or registration as required by this article 18, part 1 of article 280 of title 12, or part 2 of article 80 of title 27;

(k) Except when controlled substances are dispensed by a practitioner for direct administration in the course of his practice or are dispensed for administration to hospital inpatients, the failure to affix to the immediate container a label stating:

(I) The name and address of the person from whom such controlled substance was dispensed;

(II) The date on which such controlled substance was dispensed;

(III) The number of such prescription as filed in the prescription files of the pharmacy which dispensed such prescription;

(IV) The name of the prescribing practitioner;

(V) The directions for use of the controlled substance as contained in the prescription; and

(VI) The name of the patient and, if for an animal, the name of the owner;

(l) The failure of a practitioner, in dispensing a controlled substance other than by direct administration in the course of his practice, to affix to the immediate container a label bearing directions for use of the controlled substance, his name and registry number, the name of the patient, the date, and, if for an animal, the name of the owner;

(m) The administration of a controlled substance other than to the patient for whom prescribed;

(n) The possession, by any practitioner, of a controlled substance which was not obtained from a pharmacy and which was received from a person who is not licensed as a manufacturer, distributor, or practitioner. It is also unlawful for a pharmacy to have possession of a controlled substance which is received from any person who is not licensed as a manufacturer or distributor; except that a pharmacy may buy controlled substances from another pharmacy.

(o) Knowingly transferring drug precursors to any person who uses them for an unlawful activity;

(p) (Deleted by amendment, L. 96, p. 149, § 5, effective April 8, 1996.)

(q) Knowingly acquiring or obtaining, or attempting to acquire or obtain, possession of a drug precursor by misrepresentation, fraud, forgery, deception, or subterfuge;

(r) Knowingly furnishing false or fraudulent material information in, or omitting any material information from, any application, report, or other document required to be kept or filed under this article 18, part 1 of article 280 of title 12, or part 2 of article 80 of title 27, or any record required to be kept by this article 18, part 1 of article 280 of title 12, or part 2 of article 80 of title 27;

(s) (Deleted by amendment, L. 96, p. 149, § 5, effective April 8, 1996.)

(t) The refusal of entry into any premises for any inspection authorized by this article 18, part 1 of article 280 of title 12, or part 2 of article 80 of title 27.

(2) (a) A pharmacist in an emergency situation, in lieu of a written or electronically transmitted prescription order, in good faith, may dispense up to a seventy-two-hour supply of any controlled substance listed in schedule II of part 2 of this article without a written or electronically transmitted prescription order. An "emergency situation", as used in this paragraph (a), means a situation in which the prescribing practitioner determines:

(I) That immediate dispensing of the controlled substance is necessary for proper treatment of the intended ultimate user;

(II) That no alternative prescription drug is available, including drugs that are not controlled substances under schedule II of part 2 of this article;

(III) That it is not reasonably possible for the prescribing practitioner to provide a written prescription order to be presented to the person dispensing the controlled substance, or to electronically transmit a prescription order to the dispenser, prior to such dispensing.

(b) (I) Upon receiving an emergency oral prescription order from the practitioner, the pharmacist shall immediately reduce the prescription order to writing or an electronic format and shall write or otherwise ensure that the following language and information is recorded in the prescription record: "Authorization for emergency dispensing" and the date and time of dispensing of the oral prescription.

(II) The prescribing practitioner shall reduce the prescription order to writing or an electronic format and shall deliver the prescription order to the pharmacist in person, by facsimile transmission as provided in paragraph (c) of this subsection (2), by mail, or by electronic transmission within seventy-two hours after prescribing the schedule II controlled substance. If delivered by mail, the envelope must be postmarked within seventy-two hours after prescribing. Upon receipt of the prescription order, the pharmacist shall maintain the prescription order with the oral prescription order that has been reduced to writing or an electronic format.

(III) The pharmacist shall notify the board if the prescribing practitioner fails to deliver the written or electronic prescription order to the pharmacist.

(c) (I) A prescription for a controlled substance listed in schedule II of part 2 of this article may be transmitted via facsimile equipment, so long as the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except as provided in subparagraph (II) of this paragraph (c).

(II) A prescription written for a schedule II controlled substance for a hospice patient or for a resident of a long-term care facility or for the direct home administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion (infusion drug therapy) may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy or pharmacist by facsimile transmission. The practitioner or the practitioner's agent shall note on the prescription that the patient is a hospice patient or a resident in a long-term care facility or a patient receiving infusion drug therapy. The facsimile serves as the original written prescription for purposes of this section and shall be maintained as specified by the board.

(III) For the purposes of this paragraph (c):

(A) "Hospice patient" means an individual who is receiving hospice care from an entity licensed and regulated by the department of public health and environment pursuant to sections 25-1.5-103 (1)(a)(I) and 25-3-101, C.R.S.

(B) "Long-term care facility" means a facility that is licensed and regulated as a skilled nursing facility or nursing care facility by the department of public health and environment pursuant to sections 25-1.5-103 (1)(a)(I) and 25-3-101, C.R.S.

(3) A person who violates paragraph (a), (b), (c), or (d) of subsection (1) of this section commits a level 4 drug felony.

(4) A person who violates paragraph (e), (f), (g), (h), (i), (j), (k), (l), (m), or (n) of subsection (1) of this section or subsection (2) of this section or any other provision of this part 4 for which a penalty is not specified is guilty of a level 2 drug misdemeanor.

(5) A person who violates paragraph (o), (q), (r), or (t) of subsection (1) of this section commits a level 3 drug felony.
C.R.S. § 18-18-204 — CO Code / Title 18 / Article 18 / Part 2 / Section 18-18-204
18-18-204. Schedule II
Status: repealed

18-18-204. Schedule II. (1) A substance shall be added to schedule II by the general assembly when:

(a) The substance has high potential for abuse;

(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

(c) The abuse of the substance may lead to severe psychological or physical dependence.

(2) Unless specifically excepted by Colorado or federal law or Colorado or federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule II:

(a) Any of the following substances, however manufactured:

(I) Opium and opium derivative, and any salt, compound, derivative, or preparation of opium or opium derivative, excluding apomorphine, dextrorphan, nalbuphine, butorphanol, nalmefene, naloxone, and naltrexone, but including:

(A) Raw opium;

(B) Opium extracts;

(C) Opium fluid;

(D) Powdered opium;

(E) Granulated opium;

(F) Tincture of opium;

(G) Codeine;

(H) Ethylmorphine;

(I) Etorphine hydrochloride;

(J) Hydrocodone;

(K) Hydromorphone;

(L) Metopon;

(M) Morphine;

(N) Oxycodone;

(O) Oxymorphone;

(P) Thebaine.

(II) Any salt, compound, derivative, or preparation that is chemically equivalent or identical with any of the substances listed in subparagraph (I) of this paragraph (a), but not isoquinoline alkaloids of opium;

(III) Opium poppy and poppy straw;

(IV) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives, and any salt, compound, derivative, or preparation that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine;

(V) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).

(b) Any of the following synthetic opiates, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of them that are theoretically possible within the specific chemical designation:

(I) Alfentanil;

(II) Alphaprodine;

(III) Anileridine;

(IV) Benzitramide;

(V) Carfentanil;

(VI) Dihydrocodeine;

(VII) Diphenoxylate;

(VIII) Fentanyl;

(IX) Isomethadone;

(IX.5) Levo-alphacetylmethadol;

(X) Levomethorphan;

(XI) Levorphanol;

(XII) Metazocine;

(XIII) Methadone;

(XIV) Methadone - Intermediate, 4-cyano-2- dimethylamino-4, 4-diphenyl butane;

(XV) Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

(XVI) Pethidine (meperidine);

(XVII) Pethidine - Intermediate-A, 4-cyano-1- methyl-4-phenylpiperidine;

(XVIII) Pethidine - Intermediate-B, ethyl-4- phenylpiperidine-4-carboxylate;

(XIX) Pethidine - Intermediate-C, 1-methyl- 4-phenylpiperidine-4-carboxylic acid;

(XX) Phenazocine;

(XXI) Piminodine;

(XXII) Propoxyphene (non-dosage forms);

(XXIII) Racemethorphan;

(XXIV) Racemorphan;

(XXV) Sufentanil.

(c) Any material, compound, mixture, or preparation containing any quantity of the following substances, their salts, isomers, or salts of isomers, having a stimulant effect on the central nervous system:

(I) Amphetamine;

(II) Methamphetamine;

(III) Phenmetrazine;

(IV) Methylphenidate.

(d) Any material, compound, mixture, or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:

(I) Amobarbital;

(II) Pentobarbital;

(III) Phencyclidine;

(IV) Secobarbital;

(V) Glutethimide.

(e) (I) Repealed.

(II) Nabilone [Another name for nabilone: (+) trans-3-(1,1-demethylheptyl)-6,6a,7,8,10, 10a-hexahydro- 1-hydroxy-6,6-dimethyl-9Hdibenzo [b,d] pyran-9-one].

(f) Any material, compound, mixture, or preparation containing any quantity of the following substances:

(I) Immediate precursor to amphetamine and methamphetamine: phenylacetone (Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.), ephedrine, alpha-phenylacetoacetonitrile, phenylacetic acid, and 1-phenyl-2-nitropropene;

(II) Immediate precursors to phencyclidine:

(A) 1-phenylcyclohexylamine;

(B) 1-piperidinocyclohexanecarbonitrile (PCC);

(C) Piperdine;

(D) Morpholine;

(E) Pyrrolidine;

(III) Remifentanil hydrochloride.

(g) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which is a controlled substance analog, as defined in section 18-18-102 (6), the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule II of this part 2 or that was specifically designed to produce an effect substantially similar to or greater than the effect of a controlled substance in schedule II of this part 2, all or part of which is intended for human consumption, shall be treated for the purposes of this article as a controlled substance in schedule II of this part 2.
C.R.S. § 18-8-501 — CO Code / Title 18 / Article 8 / Part 5 / Section 18-8-501
18-8-501. Definitions
Status: in_force

18-8-501. Definitions. The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:

(1) "Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.

(2) (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:

(I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or

(II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or

(III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement; or

(IV) The statement meets the requirements for an unsworn declaration under the "Uniform Unsworn Declarations Act", article 27 of title 13.

(b) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.

(3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.
C.R.S. § 18-18-406.5 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-406.5
18-18-406.5. Unlawful use of marijuana in a detention facility
Status: repealed

18-18-406.5. Unlawful use of marijuana in a detention facility. (1) A person confined in a detention facility in this state who possesses or uses marijuana commits a level 1 drug misdemeanor.

(2) Repealed.

(3) For purposes of this section, "detention facility" means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.
C.R.S. § 18-18-601 — CO Code / Title 18 / Article 18 / Part 6 / Section 18-18-601
18-18-601. Pending proceedings - applicability
Status: repealed

18-18-601. Pending proceedings - applicability. (1) This article does not affect or abate a prosecution for a violation of law occurring before July 1, 1992. If the offense being prosecuted is similar to one set out in part 4 of this article, the penalties under said part 4 apply if they are less than those under prior law.

(2) This article does not affect a civil seizure, forfeiture, or injunctive proceeding commenced before July 1, 1992.

(3) All administrative proceedings pending under previous laws that are superseded by this article must be continued and brought to a final determination in accord with the laws and rules in effect before July 1, 1992. Any substance controlled under prior law but which is not listed in section 18-18-203, 18-18-204, 18-18-205, 18-18-206, or 18-18-207 is automatically controlled without further proceedings and must be included in the appropriate schedule.

(4) Repealed.
C.R.S. § 18-20-103 — CO Code / Title 18 / Article 20 / Section 18-20-103
18-20-103. Violations of taxation provisions - penalties
Status: repealed

18-20-103. Violations of taxation provisions - penalties. (1) Any person who:

(a) Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by article 30 of title 44 commits a class 5 felony;

(b) Fails to pay tax due under article 30 of title 44 within thirty days after the date the tax becomes due commits a class 2 misdemeanor;

(c) Fails to file a return required by article 30 of title 44 within thirty days after the date the return is due commits a class 2 misdemeanor;

(d) Repealed.

(e) Willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under or in connection with any matter arising under any title administered by the commission or a return, affidavit, claim, or other document which is fraudulent or is false as to any material fact, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document commits a class 5 felony.

(2) For purposes of this section, "person" includes corporate officers having control or supervision of, or responsibility for, completing tax returns or making payments pursuant to article 30 of title 44.
C.R.S. § 18-13-107.7 — CO Code / Title 18 / Article 13 / Section 18-13-107.7
18-13-107.7. Intentional misrepresentation of a service animal for a person with a disability
Status: repealed

18-13-107.7. Intentional misrepresentation of a service animal for a person with a disability - penalty - definitions. (1) A person commits intentional misrepresentation of a service animal if:

(a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;

(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and

(c) The person knows that the animal in question is not a service animal or service-animal-in-training.

(2) A person who violates subsection (1) of this section commits a petty offense and, upon conviction, notwithstanding section 18-1.3-503, shall be punished as follows:

(a) For a first offense, a fine of twenty-five dollars;

(b) For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and

(c) For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars.

(3) Repealed.

(4) As used in this section, unless the context otherwise requires:

(a) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(b) "Qualified individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq.

(d) "Service-animal-in-training" means a dog or miniature horse that is being individually trained to do work or perform tasks for the benefit of a qualified individual with a disability.

(e) "Trainer of a service animal" means a person who is individually training a service animal to do work or perform tasks for the benefit of a qualified individual with a disability.
C.R.S. § 18-8-504 — CO Code / Title 18 / Article 8 / Part 5 / Section 18-8-504
18-8-504. False swearing
Status: in_force

18-8-504. False swearing. (1) A person commits false swearing if he knowingly makes a materially false statement, other than those prohibited by sections 18-8-502 and 18-8-503, which he does not believe to be true, under an oath required or authorized by law.

(2) False swearing is a petty offense.
C.R.S. § 18-1-411 — CO Code / Title 18 / Article 1 / Part 4 / Section 18-1-411
18-1-411. Postconviction testing of DNA - definitions
Status: repealed

18-1-411. Postconviction testing of DNA - definitions. As used in this section and in sections 18-1-412 to 18-1-416, unless the context otherwise requires:

(1) Repealed.

(2) "Actual or constructive possession" means the biological evidence is maintained or stored on the premises of the law enforcement agency or at another location or facility under the custody or control of the law enforcement agency, including pursuant to an agreement or contract with the law enforcement agency and a third-party service provider, in Colorado or elsewhere.

(3) "DNA" means deoxyribonucleic acid.

(3.3) "Eligible person" means a person convicted of a felony offense in Colorado or adjudicated not guilty by reason of insanity for a felony offense in Colorado pursuant to section 16-8-105.5, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration pursuant to section 16-22-103; or a person who has completed the sentence imposed for the felony offense.

(3.5) "Favorable result" means a result that indicates a reasonable probability that the petitioner would not have been convicted.

(4) "Incarcerated" means physically housed in a department of corrections facility, a private correctional facility under contract with the department of corrections, or a county jail following a felony conviction, or in a juvenile facility following adjudication for an offense that would have been a felony if committed by an adult, or under parole supervision.
C.R.S. § 18-1.3-1206 — CO Code / Title 18 / Article 1.3 / Part 12 / Section 18-1.3-1206
18-1.3-1206. Execution - witnesses
Status: in_force

18-1.3-1206. Execution - witnesses. The particular day and hour of the execution of said sentence within the week specified in said warrant shall be fixed by the executive director of the department of corrections or the executive director's designee, and the executive director shall be present thereat or shall appoint some other representative among the officials or officers of the correctional facilities at Cañon City to be present in his or her place and stead. There shall also be present a physician and such guards, attendants, and other persons as the executive director or the executive director's designee in his or her discretion deems necessary to conduct the execution. In addition, there may be present such witnesses as the executive director or the executive director's designee in his or her discretion deems desirable, not to exceed eighteen persons. The executive director or the executive director's designee shall notify the governor of the day and hour for the execution as soon as it has been fixed.
C.R.S. § 18-12-506 — CO Code / Title 18 / Article 12 / Part 5 / Section 18-12-506
18-12-506. Definitions
Status: in_force

18-12-506. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Collection" means a trade, barter, or in-kind exchange for one or more firearms.

(2) "Firearm" means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

(3) "Gun show" means the entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which:

(a) Twenty-five or more firearms are offered or exhibited for sale, transfer, or exchange; or

(b) Not less than three gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.

(4) "Gun show promoter" means a person who organizes or operates a gun show.

(5) "Gun show vendor" means any person who exhibits, sells, offers for sale, transfers, or exchanges, any firearm at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.

(6) "Licensed gun dealer" means any person who is a licensed importer, licensed manufacturer, or dealer licensed pursuant to 18 U.S.C. sec. 923, as amended, as a federally licensed firearms dealer.
C.R.S. § 18-12-101 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-101
18-12-101. Peace officer affirmative defense - definitions
Status: repealed

18-12-101. Peace officer affirmative defense - definitions. (1) As used in this article 12, unless the context otherwise requires:

(a) "Adult" means any person eighteen years of age or older.

(a.3) "Ballistic knife" means any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge.

(a.5) "Blackjack" includes any billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.

(b) "Bomb" means any explosive or incendiary device or molotov cocktail as defined in section 9-7-103, C.R.S., or any chemical device which causes or can cause an explosion, which is not specifically designed for lawful and legitimate use in the hands of its possessor.

(b.4) "Federally licensed firearm dealer" means a licensed dealer as defined in 18 U.S.C. sec. 921 (a)(11).

(b.5) "Bureau" means the Colorado bureau of investigation created in section 24-33.5-401, C.R.S.

(b.6) "Federal firearms licensee" means a federally licensed firearm dealer, federally licensed firearm importer, and federally licensed firearm manufacturer.

(b.7) "Firearm" means any weapon, including a starter gun, that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of a firearm; or a firearm silencer. "Firearm" does not include an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16). In the case of a licensed collector, "firearm" means only curios and relics. "Firearm" includes a weapons parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive. "Firearm" does not include a weapon, including a weapons parts kit, in which the frame or receiver of the firearm, as defined in subsection (1)(c.5) of this section, or the weapon, is destroyed.

(b.8) "Federally licensed firearm importer" means a licensed importer as defined in 18 U.S.C. sec. 921 (a)(9).

(b.9) "Federally licensed firearm manufacturer" means a licensed manufacturer as defined in 18 U.S.C. sec. 921 (a)(10).

(c) "Firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.

(c.3) "Fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

(c.5) "Frame or receiver of a firearm" means a part of a firearm that, when the complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any part of a firearm imprinted with a serial number is presumed to be a frame or receiver of a firearm, unless the federal bureau of alcohol, tobacco, firearms, and explosives makes an official determination otherwise or there is other reliable evidence to the contrary.

(d) "Gas gun" means a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.

(e) Repealed.

(e.5) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.

(e.7) "Juvenile" means any person under the age of eighteen years.

(f) "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.

(f.5) "Locking device" means a device that prohibits the operation or discharge of a firearm and that can only be disabled with the use of a key, combination, or biometric data.

(g) "Machine gun" means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.

(g.2) "Machine gun conversion device" means any part designed or intended, or combination of parts designed or intended, for use in converting a firearm into a machine gun.

(g.5) "Personalized firearm" means a firearm that has, as part of its original manufacture, incorporated design technology that allows the firearm to be fired only by the authorized user and prevents any of the safety characteristics of the firearm from being readily deactivated by anyone other than the authorized user. The technology limiting the firearm's operational use may include, but is not limited to, fingerprint verification, magnetic encoding, radio frequency tagging, and other automatic user identification systems utilizing biometric, mechanical, or electronic systems.

(h) "Short rifle" means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches.

(i) "Short shotgun" means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.

(i.5) "Stun gun" means a device capable of temporarily immobilizing a person by the infliction of an electrical charge.

(j) Repealed.

(k) "Three-dimensional printer" or "3-D printer" means a computer-aided manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.

(l) "Unfinished frame or receiver" means any forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture when it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(2) It shall be an affirmative defense to any provision of this article that the act was committed by a peace officer in the lawful discharge of his duties.
C.R.S. § 18-6-803.6 — CO Code / Title 18 / Article 6 / Part 8 / Section 18-6-803.6
18-6-803.6. Duties of peace officers and prosecuting agencies - preservation of evidence
Status: in_force

18-6-803.6. Duties of peace officers and prosecuting agencies - preservation of evidence. (1) When a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence, as defined in section 18-6-800.3 (1), has been committed, the officer shall, without undue delay, arrest the person suspected of its commission pursuant to the provisions in subsection (2) of this section, if applicable, and charge the person with the appropriate crime or offense. Nothing in this subsection (1) shall be construed to require a peace officer to arrest both parties involved in an alleged act of domestic violence when both claim to have been victims of such domestic violence. Additionally, nothing in this subsection (1) shall be construed to require a peace officer to arrest either party involved in an alleged act of domestic violence when a peace officer determines there is no probable cause to believe that a crime or offense of domestic violence has been committed. The arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer's station for booking, whereupon the arrested person may be held or released in accordance with the adopted bonding schedules for the jurisdiction in which the arrest is made.

(2) If a peace officer receives complaints of domestic violence from two or more opposing persons, the officer shall evaluate each complaint separately to determine if a crime has been committed by one or more persons. In determining whether a crime has been committed by one or more persons, the officer shall consider the following:

(a) Any prior complaints of domestic violence;

(b) The relative severity of the injuries inflicted on each person;

(c) The likelihood of future injury to each person; and

(d) The possibility that one of the persons acted in self-defense.

(3) (a) A peace officer is authorized to use every reasonable means to protect the alleged victim or the alleged victim's children to prevent further violence. Such peace officer may transport, or obtain transportation for, the alleged victim to shelter. Upon the request of the protected person, the peace officer may also transport the minor child of the protected person, who is not an emancipated minor, to the same shelter if such shelter is willing to accept the child, whether or not there is a custody order or an order for the care and control of the child or an order allocating parental responsibilities with respect to the child and whether or not the other parent objects. A peace officer who transports a minor child over the objection of the other parent shall not be held liable for any damages that may result from interference with the custody, parental responsibilities, care, and control of or access to a minor child in complying with this subsection (3).

(b) For purposes of this subsection (3), "shelter" means a battered women's shelter, a friend's or family member's home, or such other safe haven as may be designated by the protected person and which is within a reasonable distance from the location at which the peace officer found the victim.

(4) (a) The arresting agency shall make reasonable efforts to collect and preserve any pertinent evidence until the time of final disposition of the matter, including, but not limited to, the following:

(I) Any dispatch tape recording relating to the event;

(II) Any on-scene video or audio tape recordings;

(III) Any medical records of treatment of the alleged victim or the defendant; and

(IV) Any other relevant physical evidence or witness statements.

(b) However, in the absence of bad faith, any failure to collect or preserve any evidence listed in paragraph (a) of this subsection (4) shall not be grounds to dismiss the matter.

(4.5) When a peace officer responds to a call or is otherwise responding to a report about an alleged offense involving domestic violence, as defined in section 18-6-800.3 (1), or other domestic dispute, the officer shall include in his or her written or oral report concerning such incident whether children may have seen or heard the alleged offense; except that, in the absence of bad faith, the failure of a peace officer to note that a child may have seen or heard the alleged offense shall not be grounds to dismiss the matter.

(5) A peace officer shall not be held civilly or criminally liable for acting pursuant to this section if the peace officer acts in good faith and without malice.
C.R.S. § 18-2-201 — CO Code / Title 18 / Article 2 / Part 2 / Section 18-2-201
18-2-201. Conspiracy
Status: in_force

18-2-201. Conspiracy. (1) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.

(2) No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.

(3) If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity.

(4) If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.

(4.5) Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section.

(5) If a person conspires to commit a felony which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, the person commits a class 6 felony. If a person conspires to commit a misdemeanor which is defined by any statute other than one contained in this title and for which conspiracy no penalty is specifically provided, the person commits a class 2 misdemeanor.
C.R.S. § 18-6-804 — CO Code / Title 18 / Article 6 / Part 8 / Section 18-6-804
18-6-804. Repeal of part
Status: repealed

18-6-804. Repeal of part. (Repealed)
C.R.S. § 18-4-205 — CO Code / Title 18 / Article 4 / Part 2 / Section 18-4-205
18-4-205. Possession of burglary tools
Status: in_force

18-4-205. Possession of burglary tools. (1) A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.

(2) Possession of burglary tools is a class 2 misdemeanor, but it is a class 5 felony if the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.
C.R.S. § 18-3.5-104 — CO Code / Title 18 / Article 3.5 / Section 18-3.5-104
18-3.5-104. Unlawful termination of pregnancy in the second degree
Status: in_force

18-3.5-104. Unlawful termination of pregnancy in the second degree. (1) A person commits the offense of unlawful termination of pregnancy in the second degree if the person knowingly causes the unlawful termination of the pregnancy of a woman.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), unlawful termination of pregnancy in the second degree is a class 4 felony.

(b) If unlawful termination of pregnancy in the second degree is committed under circumstances where the act causing the unlawful termination of pregnancy is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the unlawful termination of pregnancy sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the unlawful termination of pregnancy sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

(3) A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.
C.R.S. § 18-15-107 — CO Code / Title 18 / Article 15 / Section 18-15-107
18-15-107. Collection of extensions of credit by extortionate means
Status: in_force

18-15-107. Collection of extensions of credit by extortionate means. (1) It is unlawful for any person knowingly to participate in any way, or to conspire to do so, in the use of any extortionate means to collect or to attempt to collect any extension of credit or to punish any person for the nonrepayment of any extension of credit.

(2) Any person who violates the provisions of subsection (1) of this section commits collection of extensions of credit by extortionate means, which is a class 4 felony.

(3) In any prosecution under this section for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment of an extension of credit was punished by extortionate means.
C.R.S. § 18-20-102 — CO Code / Title 18 / Article 20 / Section 18-20-102
18-20-102. Definitions - terms used
Status: in_force

18-20-102. Definitions - terms used. (1) As used in this article 20, unless this article 20 otherwise provides or unless the context otherwise requires, terms used in this article 20 shall have the same meanings as those set forth in article 30 of title 44.

(2) The term "repeating gambling offender" means any person who is convicted of an offense under section 18-10-103 (2), sections 18-10-105 to 18-10-107, or sections 18-20-103 to 18-20-114, or sections 44-30-809 to 44-30-811 or 44-30-818 to 44-30-831 or 44-30-837, within five years after a previous misdemeanor conviction under said sections or under a former statute prohibiting gambling activities or at any time after a previous felony conviction under any of said sections. A conviction in any jurisdiction of the United States of an offense which, if committed in this state, would be professional gambling shall constitute a previous conviction for purposes of a prosecution in this state as a repeating gambling offender.
C.R.S. § 18-8-205 — CO Code / Title 18 / Article 8 / Part 2 / Section 18-8-205
18-8-205. Aiding escape from civil process - repeal
Status: repealed

18-8-205. Aiding escape from civil process - repeal. (Repealed)
C.R.S. § 18-3-202 — CO Code / Title 18 / Article 3 / Part 2 / Section 18-3-202
18-3-202. Assault in the first degree
Status: repealed

18-3-202. Assault in the first degree. (1) A person commits the crime of assault in the first degree if:

(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or

(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or

(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or

(d) Repealed.

(e) With intent to cause serious bodily injury upon the person of a peace officer, firefighter, or emergency medical service provider, he or she threatens with a deadly weapon a peace officer, firefighter, or emergency medical service provider engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer, firefighter, or emergency medical service provider acting in the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or

(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(g) With the intent to cause serious bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes serious bodily injury.

(2) (a) If assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

(b) If assault in the first degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 3 felony.

(c) If a defendant is convicted of assault in the first degree pursuant to subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(d) Repealed.

(e) For purposes of determining sudden heat of passion pursuant to subsection (2)(a) of this section, a defendant's act does not constitute an act performed upon a sudden heat of passion if it results solely from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including but not limited to under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance toward the defendant.

(3) Repealed.
C.R.S. § 18-1.3-504 — CO Code / Title 18 / Article 1.3 / Part 5 / Section 18-1.3-504
18-1.3-504. Misdemeanors and petty offenses not classified
Status: in_force

18-1.3-504. Misdemeanors and petty offenses not classified. (1) Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.
C.R.S. § 18-1.3-302 — CO Code / Title 18 / Article 1.3 / Part 3 / Section 18-1.3-302
18-1.3-302. Legislative declaration - offenders who may be sentenced to the specialized rest
Status: in_force

18-1.3-302. Legislative declaration - offenders who may be sentenced to the specialized restitution and community service program. (1) The general assembly hereby finds that:

(a) The taxpayer costs to incarcerate nonviolent offenders, most of whom have committed property-related offenses, usually outbalances the need to incarcerate such persons to protect the public's safety and that imprisonment generally renders offenders less able to compensate their victims. Therefore, the general assembly declares that the purpose for enacting this article regarding specialized restitution and community service programs is to increase the cost-efficiency and the effectiveness of Colorado corrections. This article authorizes the establishment of an intermediate sanction whereby nonviolent offenders, at less taxpayer cost than imprisonment, would be required to work under strict supervision in a highly structured program in order to compensate their victims and society for the damage they have caused; and

(b) Using incarceration as a routine punishment for nonviolent offenders, either upon sentencing or upon the revocation of parole or probation, punishes Colorado's taxpayers. The general assembly finds that limiting the pool of offenders eligible for the specialized restitution and community service program to first-time offenders unreasonably restricts entrance into the program and that the level of supervision mandated for repeat offenders by this article is adequate to ensure public safety from such offenders. The general assembly further finds that the vast majority of repeat offenders do not possess the requisite skills to obtain legitimate employment and that the specialized restitution and community service program will train such repeat offenders for legitimate employment. Therefore, it is in the best interests of the people of the state of Colorado to allow nonviolent repeat offenders and offenders with technical violations of parole or probation into such program.

(2) Any offender shall be eligible to be placed in a specialized restitution and community service program if:

(a) The offender is not eligible for probation pursuant to section 18-1.3-201, and has been convicted of an offense other than a crime of violence, as described in section 18-1.3-406 (2)(a), or any felony offense committed against a child set forth in articles 3, 6, and 7 of this title, or an offense that requires incarceration or imprisonment in the department of corrections or community corrections, or any sexual offense as defined in section 18-1.3-1003; and

(b) (I) A determination is made by the court that the offender would be incarcerated, either pursuant to section 18-1.3-104 (1)(b) or pursuant to a probation revocation, if such offender is not placed in the specialized restitution and community service program; or

(II) A determination is made by the parole board that the offender would be incarcerated pursuant to a parole violation.

(3) Prior to sentencing an eligible offender to a specialized restitution and community service program pursuant to this section, the court shall make the determinations required in subsection (2) of this section and such offender must have been accepted by both of the following:

(a) The provider of the specialized restitution and community service program in which it is proposed that the offender be placed; and

(b) The community corrections board, as defined in section 17-27-102 (2), C.R.S., of the community in which the program is located.

(4) If an eligible offender is accepted by a provider pursuant to subsection (3) of this section, the court may sentence an offender to pay restitution or perform community service, or both, in an amount commensurate with the seriousness of the crime and to the custody of any specialized restitution and community service program adopted pursuant to this section or article 27.9 of title 17, C.R.S. Notwithstanding any other provision of law to the contrary, a minimum of full restitution may be imposed in an amount that exceeds any actual losses or damages suffered by a victim of the crime. An offender shall be supervised in accordance with and subject to the provisions of article 27 of title 17, C.R.S.

(5) The parole board may place parole violators who meet the eligibility criteria of subsection (2) of this section and who have been accepted pursuant to paragraphs (a) and (b) of subsection (3) of this section in specialized restitution and community service programs. Such parole violators shall be supervised in accordance with and subject to the provisions of article 27 of title 17, C.R.S.
C.R.S. § 18-1-1107 — CO Code / Title 18 / Article 1 / Part 11 / Section 18-1-1107
18-1-1107. Victim request for disposition of DNA evidence - procedures
Status: in_force

18-1-1107. Victim request for disposition of DNA evidence - procedures. In a case described in section 18-1-1102 (1), if DNA evidence is being held that is the property of the victim, as defined in section 24-4.1-302 (5), C.R.S., of the crime, the victim may request the district attorney to review whether the DNA evidence may be returned. If the district attorney determines the DNA evidence may be returned, the district attorney may file a petition with the court for the return of the DNA evidence. The district attorney shall provide notice to the defendant of the petition. Upon the filing of the petition, the timing and procedures of section 18-1-1105 shall apply.
C.R.S. § 18-12-112 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-112
18-12-112. Private firearms transfers - sale and purchase - background check required - pen
Status: in_force

18-12-112. Private firearms transfers - sale and purchase - background check required - penalty - definitions. (1) (a) On and after July 1, 2013, except as described in subsection (6) of this section, before any person who is not a licensed gun dealer, as defined in section 18-12-506 (6), transfers or attempts to transfer possession of a firearm to a transferee, he or she shall:

(I) Require that a background check, in accordance with section 24-33.5-424, C.R.S., be conducted of the prospective transferee; and

(II) Obtain approval of a transfer from the bureau after a background check has been requested by a licensed gun dealer, in accordance with section 24-33.5-424, C.R.S.

(b) As used in this section, unless the context requires otherwise, "transferee" means a person who desires to receive or acquire a firearm from a transferor. If a transferee is not a natural person, then each natural person who is authorized by the transferee to possess the firearm after the transfer shall undergo a background check, as described in paragraph (a) of this subsection (1), before taking possession of the firearm.

(2) (a) A prospective firearm transferor who is not a licensed gun dealer shall arrange for a licensed gun dealer to obtain the background check required by this section.

(b) A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in section 18-12-402, and retain the records, as provided in section 18-12-403, in the same manner as when conducting a sale, rental, or exchange at retail. The licensed gun dealer shall comply with all state and federal laws, including 18 U.S.C. sec. 922, as if he or she were transferring the firearm from his or her inventory to the prospective transferee.

(c) A licensed gun dealer who obtains a background check for a prospective firearm transferor pursuant to this section shall provide the firearm transferor and transferee a copy of the results of the background check, including the bureau's approval or disapproval of the transfer.

(d) A licensed gun dealer may charge a fee for services rendered pursuant to this section, which fee shall not exceed ten dollars.

(e) A person who is not a licensed gun dealer shall not make or facilitate the sale of a firearm to a person who is less than twenty-one years of age.

(f) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm.

(g) Subsections (2)(e) and (2)(f) of this section do not apply if:

(I) The person is an active member of the United States armed forces while on duty and serving in conformance with the policies of the United States armed forces; or

(II) The person is a peace officer, as described in section 16-2.5-101, while on duty and serving in conformance with the policies of the employing agency, as set forth in section 16-2.5-101 and section 16-2.5-135; or

(III) The person is certified by the P.O.S.T. board pursuant to section 16-2.5-102.

(3) (a) A prospective firearm transferee under this section shall not accept possession of the firearm unless the prospective firearm transferor has obtained approval of the transfer from the bureau after a background check has been requested by a licensed gun dealer, as described in paragraph (b) of subsection (1) of this section.

(b) A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.

(4) If the bureau approves a transfer of a firearm pursuant to this section, the approval shall be valid for thirty calendar days, during which time the transferor and transferee may complete the transfer.

(5) A person who transfers a firearm in violation of the provisions of this section may be jointly and severally liable for any civil damages proximately caused by the transferee's subsequent use of the firearm.

(6) The provisions of this section do not apply to:

(a) A transfer of an antique firearm, as defined in 18 U.S.C. sec. 921(a)(16), as amended, or a curio or relic, as defined in 27 CFR 478.11, as amended;

(b) A transfer that is a bona fide gift or loan between immediate family members, which are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles;

(c) A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will;

(d) A transfer that is temporary and occurs while in the home of the unlicensed transferee if:

(I) The unlicensed transferee is not prohibited from possessing firearms; and

(II) The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee;

(e) A temporary transfer of possession without transfer of ownership or a title to ownership, which transfer takes place:

(I) At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

(II) At a target firearm shooting competition under the auspices of, or approved by, a state agency or a nonprofit organization; or

(III) While hunting, fishing, target shooting, or trapping if:

(A) The hunting, fishing, target shooting, or trapping is legal in all places where the unlicensed transferee possesses the firearm; and

(B) The unlicensed transferee holds any license or permit that is required for such hunting, fishing, target shooting, or trapping;

(f) A transfer of a firearm that is made to facilitate the repair or maintenance of the firearm; except that this paragraph (f) does not apply unless all parties who possess the firearm as a result of the transfer may legally possess a firearm;

(g) Any temporary transfer that occurs while in the continuous presence of the owner of the firearm;

(h) A temporary transfer for not more than seventy-two hours. A person who transfers a firearm pursuant to this paragraph (h) may be jointly and severally liable for damages proximately caused by the transferee's subsequent unlawful use of the firearm; or

(i) A transfer of a firearm from a person serving in the armed forces of the United States who will be deployed outside of the United States within the next thirty days to any immediate family member, which is limited to a spouse, parent, child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, and uncle of the person.

(7) For purposes of paragraph (f) of subsection (6) of this section:

(a) An owner, manager, or employee of a business that repairs or maintains firearms may rely upon a transferor's statement that he or she may legally possess a firearm unless the owner, manager, or employee has actual knowledge to the contrary and may return possession of the firearm to the transferor upon completion of the repairs or maintenance without a background check;

(b) Unless a transferor of a firearm has actual knowledge to the contrary, the transferor may rely upon the statement of an owner, manager, or employee of a business that repairs or maintains firearms that no owner, manager, or employee of the business is prohibited from possessing a firearm.

(8) Nothing in subsection (6) of this section shall be interpreted to limit or otherwise alter the applicability of section 18-12-111 concerning the unlawful purchase or transfer of firearms.

(9) (a) A person who violates a provision of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501. The person shall also be prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.

(b) When a person is convicted of violating a provision of this section, the state court administrator shall report the conviction to the bureau and to the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t). The report shall include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of his or her conviction.
C.R.S. § 18-7-101 — CO Code / Title 18 / Article 7 / Part 1 / Section 18-7-101
18-7-101. Definitions
Status: in_force

18-7-101. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device.

(1.5) "Minor" means a person under eighteen years of age.

(2) "Obscene" means material or a performance that:

(a) The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;

(b) Depicts or describes:

(I) Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

(II) Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and

(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.

(3) "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

(4) "Patently offensive" means so offensive on its face as to affront current community standards of tolerance.

(5) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience.

(6) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.

(6.5) "Prurient interest" means a shameful or morbid interest.

(7) "Simulated" means the explicit depiction or description of any of the types of conduct set forth in paragraph (b) of subsection (2) of this section, which creates the appearance of such conduct.

(8) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.

(9) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.
C.R.S. § 18-5-702 — CO Code / Title 18 / Article 5 / Part 7 / Section 18-5-702
18-5-702. Unauthorized use of a financial transaction device
Status: repealed

18-5-702. Unauthorized use of a financial transaction device. (1) A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to defraud, and with notice that either:

(a) The financial transaction device has expired, has been revoked, or has been canceled; or

(b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder.

(2) For purposes of paragraphs (a) and (b) of subsection (1) of this section, "notice" includes either notice given in person or notice given in writing to the account holder. The sending of a notice in writing by registered or certified mail, return receipt requested, duly stamped and addressed to such account holder at his last address known to the issuer, evidenced by a signed returned receipt signed by the account holder, is prima facie evidence that the notice was received.

(3) Unauthorized use of a financial transaction device is:

(a) (Deleted by amendment, L. 2007, p. 1695, § 13, effective July 1, 2007.)

(b) Repealed.

(c) A petty offense if the value of the cash, credit, property, or services obtained or of the financial payments made is less than three hundred dollars;

(d) A class 2 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is one thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is two thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is five thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is twenty thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one million dollars or more.

(4) The value of the cash, credit, property, or services obtained and the financial payments made shall be the total value of the cash, credit, property, or services obtained or financial payments made by unauthorized use of a single financial transaction device within a six-month period from the date of the first unauthorized use.
C.R.S. § 18-4-413 — CO Code / Title 18 / Article 4 / Part 4 / Section 18-4-413
18-4-413. Mandatory sentencing for repeated felony theft from a store - store defined
Status: in_force

18-4-413. Mandatory sentencing for repeated felony theft from a store - store defined. (1) For purposes of this section and section 18-4-414, "store" means any establishment primarily engaged in the sale of goods at retail.

(2) Any person convicted of felony theft, which felony theft was from a store, who within the immediately preceding four years was twice convicted of felony theft, which felony theft was each time from a store, shall be sentenced to at least the minimum term provided for such offense. A person convicted under this section shall not be eligible for probation or suspension of sentence.

(3) The mandatory sentencing requirements specified in subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401 (4).
C.R.S. § 18-1.3-207 — CO Code / Title 18 / Article 1.3 / Part 2 / Section 18-1.3-207
18-1.3-207. Work and education release programs
Status: in_force

18-1.3-207. Work and education release programs. (1) As a specific condition of probation for a person convicted of a felony or misdemeanor, the court may require the probationer to participate for a period not to exceed two years or the term to which he or she might be sentenced for the offense committed, whichever is less, in a supervised work release or education release program. Utilization of the county jail, a municipal jail, or any other facility may be used for the probationer's full-time confinement, care, and maintenance, except for the time he or she is released for scheduled work or education.

(1.1) Before a final ruling by the court authorizing a probationer to participate in a supervised education release program, the court shall notify the prosecuting attorney and the postsecondary educational institution requesting their comments on the pending release. The notice shall include all relevant information pertaining to the probationer and to the nature of the crime for which he or she was convicted. Both the prosecuting attorney and the postsecondary educational institution shall reply to the court in writing within fourteen days after receipt of the notification or within such other reasonable time in excess of fourteen days as specified by the court. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the probationer as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.

(2) All employment income of a probationer participating in a work release program shall be received and deposited by the probation officer in the registry of the court. The court shall order disbursement of the funds so deposited in payment of the following items which are listed in the order of their priority:

(a) Any current child support order;

(b) Any child support arrearage;

(c) Any child support debt order;

(d) Any spousal maintenance;

(e) Costs for the crime victim compensation fund, pursuant to section 24-4.1-119, C.R.S.;

(f) Surcharges for the victims and witnesses assistance and law enforcement fund, pursuant to section 24-4.2-104, C.R.S.;

(g) Restitution;

(h) A time payment fee;

(i) Late fees;

(j) Any other fines, fees, or surcharges;

(k) Room, board, and work supervision inside and outside the county jail or other facility; and

(l) The probationer.

(3) Any acts by the probationer in violation of the conditions of probation under subsection (1) of this section may be asserted as a basis for revocation of probation as provided in sections 16-11-205 and 16-11-206, C.R.S., and any willful failure to return to the jail or other facility may be punishable as an escape under section 18-8-208.
C.R.S. § 18-8-210.2 — CO Code / Title 18 / Article 8 / Part 2 / Section 18-8-210.2
18-8-210.2. Persons in custody or confinement
Status: in_force

18-8-210.2. Persons in custody or confinement. For the purposes of this part 2, any reference to custody, confinement, charged with, held for, or convicted of, a felony, misdemeanor, or petty offense shall be deemed to include any felony, misdemeanor, or petty offense under the laws of this state and any felony, misdemeanor, or petty offense having similar elements under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States.
C.R.S. § 18-1.3-1202 — CO Code / Title 18 / Article 1.3 / Part 12 / Section 18-1.3-1202
18-1.3-1202. Death penalty inflicted by lethal injection
Status: in_force

18-1.3-1202. Death penalty inflicted by lethal injection. The manner of inflicting the punishment of death shall be by the administration of a lethal injection within the time prescribed in this part 12, unless for good cause the court or governor may prolong the time. For the purposes of this part 12, "lethal injection" means a continuous intravenous injection of a lethal quantity of sodium thiopental or other equally or more effective substance sufficient to cause death. The manner of inflicting the punishment of death shall, in all circumstances, be by the administration of a lethal injection regardless of the date of the commission of the offense or offenses for which the death penalty is imposed.
C.R.S. § 18-1-410.6 — CO Code / Title 18 / Article 1 / Part 4 / Section 18-1-410.6
18-1-410.6. Relief from improperly entered guilty pleas for certain misdemeanor and municipa
Status: in_force

18-1-410.6. Relief from improperly entered guilty pleas for certain misdemeanor and municipal offenses - legislative declaration. (1) The general assembly finds that:

(a) Since the Colorado supreme court decision in People v. Pozo, 746 P.2d 523 (Colo. 1987), noncitizen defendants in Colorado have a constitutional right to effective assistance of counsel that requires defense counsel who knows the client is a noncitizen to inform itself of relevant immigration law. The United States supreme court in Padilla v. Kentucky, 559 U.S. 356 (2010) further held that defense counsel must inform a client of the immigration consequences of a plea.

(b) Many noncitizen defendants received ineffective assistance of counsel regarding immigration consequences of a guilty plea;

(c) Many pro se noncitizen defendants received inadequate advisements that did not explain that the right to counsel includes the right to be advised of immigration consequences of a guilty plea. Consequently, many pro se noncitizen defendants did not knowingly, intelligently, and voluntarily waive their right to counsel when entering a guilty plea.

(d) Many noncitizen defendants have been unfairly deprived of the opportunity to challenge an unconstitutional guilty plea due to a time limitation contained in section 16-5-402, a municipal ordinance, or a municipal court rule of procedure, despite valid claims of ineffective assistance of counsel or an invalid waiver of the right to counsel; and

(e) Protecting the constitutional rights of all Coloradans and ensuring that all defendants are treated consistently in their opportunity to affirm their constitutional rights is a matter of statewide concern.

(2) Therefore, the general assembly declares that noncitizen defendants must have the opportunity to meaningfully challenge an unconstitutionally entered guilty plea for certain class 1 misdemeanors, class 2 misdemeanors, and municipal offenses.

(3) (a) Notwithstanding a limitation contained in section 16-5-402, a municipal ordinance, or a municipal court rule of procedure, at any time following the entry of a guilty plea, a criminal defendant may challenge the guilty plea on the grounds set forth in subsection (4) of this section to a:

(I) Class 1 or class 2 misdemeanor that is not defined in section 24-4.1-302 (1) or title 42, and committed before March 1, 2022; or

(II) Municipal offense that is not substantially similar to an offense defined in section 24-4.1-302 (1) or title 42, and committed before March 1, 2022.

(b) The court in which the guilty plea was originally entered has jurisdiction and authority to decide the motion.

(4) A defendant moving to vacate a guilty plea to a class 1 or class 2 misdemeanor, or a municipal offense, must, in good faith, allege the following:

(a) As a result of the guilty plea, the defendant has suffered, is currently suffering, or will suffer an adverse immigration consequence; and

(b) The guilty plea was obtained in violation of the constitution or laws of the United States or of this state on one or more of the following grounds:

(I) The defendant was not adequately advised of the adverse immigration consequences of the guilty plea by defense counsel;

(II) The defendant did not knowingly, intelligently, and voluntarily waive the right to counsel because the defendant was not advised that the right to counsel includes the right to be advised regarding the immigration consequences of a guilty plea; or

(III) The guilty plea was constitutionally infirm for any other reason set forth in section 18-1-410 (1)(a) to (1)(d).

(5) (a) Upon receipt of the defendant's motion, the prosecution shall respond within sixty-three days or request additional time for good cause shown. If a response is not filed, the defendant's motion is deemed unopposed, and the court shall grant the defendant's motion. If the prosecution opposes the defendant's motion, it shall allege, in good faith, the facts upon which it bases its opposition. If the response raises an issue of material fact, the court shall set the matter for an evidentiary hearing within twenty-one days.

(b) Unless the prosecution proves by a preponderance of the evidence that the defendant will not suffer an adverse immigration consequence or that the guilty plea was constitutionally entered, the court shall grant the defendant's motion.

(c) For claims raised pursuant to subsection (4)(b)(II) of this section, the prosecution shall not rely solely on written documents, such as a deferred judgment agreement, plea paperwork, or transcript of a court colloquy, to raise an issue of material fact to obtain an evidentiary hearing or defeat a claim at the hearing unless the documents clearly show that the defendant was informed by the court that the right to counsel included the right to be advised regarding the immigration consequences resulting from a guilty plea and that the defendant then knowingly, intelligently, and voluntarily waived that right.

(6) If the defendant succeeds in challenging a guilty plea pursuant to this section, the court shall vacate the guilty plea as constitutionally infirm and set the case for an arraignment.
C.R.S. § 18-9-305 — CO Code / Title 18 / Article 9 / Part 3 / Section 18-9-305
18-9-305. Exceptions
Status: in_force

18-9-305. Exceptions. (1) Nothing in sections 18-9-302 to 18-9-304 shall be interpreted to prevent a news agency, or an employee thereof, from using the accepted tools and equipment of that news medium in the course of reporting or investigating a public and newsworthy event; nor shall said sections prevent any person from using wiretapping or eavesdropping devices on his own premises for security or business purposes if reasonable notice of the use of such devices is given to the public.

(2) No part of sections 18-9-302 to 18-9-304 shall apply to the normal use of services, facilities, and equipment provided by a provider of wire or electronic communication service pursuant to its tariffs on file with the public utilities commission of the state of Colorado and with the federal communications commission; and said sections shall not apply to the normal functions of any operator of a switchboard nor to any officer, agent, or employee of a provider of wire or electronic communication service or other person engaged in the business of providing service, equipment, and facilities for communication who performs an otherwise prohibited act if such act is necessary to provide the communication services, equipment, or facilities or is necessary in the construction, maintenance, repair, operations, or use of the same, including the obtaining of billing and accounting information, the protecting of the communication services, equipment, and facilities from illegal use in violation of the tariffs referred to in this subsection (2), the protecting of the provider of wire or electronic communication service from the commission of fraud against it, and the providing of requested information in response to a subpoena or court order issued by a court of competent jurisdiction or on demand of other lawful authority.

(3) It shall not be unlawful under sections 18-9-302 to 18-9-304 for an officer, employee, or agent of any provider of wire or electronic communication service or other person to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, pursuant to section 16-15-102, C.R.S., is authorized to intercept a wire, oral, or electronic communication for that purpose.

(4) A good faith reliance on a court order or the provisions of article 15 of title 16, C.R.S., shall constitute a complete defense to any criminal action brought under provision of sections 18-9-302 to 18-9-304 or any civil action brought under any other law of the state of Colorado. This section shall not be construed in any manner which would allow an investigative or law enforcement officer of the state of Colorado to engage in any wiretapping or eavesdropping without prior authorization by a court of competent jurisdiction under the provisions of article 15 of title 16, C.R.S., except as provided in section 16-15-102 (18), C.R.S.

(4.3) It shall not be unlawful under sections 18-9-302 to 18-9-304 for any person:

(a) To intercept or access an electronic communication made through an electronic communications system that is configured so that such electronic communication is readily accessible to the general public;

(b) To intercept any radio communication which is transmitted by:

(I) Any station for the use of the general public or that relates to ships, aircraft, vehicles, or persons in distress;

(II) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;

(III) A station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

(IV) Any marine or aeronautical communications system;

(c) To engage in any conduct which is:

(I) Prohibited by section 633 of the federal "Communications Act of 1934", as amended; or

(II) Excepted from the application of section 705 (a) of the federal "Communications Act of 1934", as amended, by section 705 (b) of said act;

(d) To intercept any wire or electronic communication, the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or

(e) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.

(4.5) It shall not be unlawful under sections 18-9-302 to 18-9-304:

(a) To use a pen register or a trap and trace device; or

(b) For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service from fraudulent, unlawful, or abusive use of such service.

(4.7) A person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication other than a communication to such person or entity, or an agent thereof, while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient; except that a person or entity providing electronic communication service to the public may divulge the contents of any such communication:

(a) As otherwise authorized in section 16-15-102 (12), (13), (14), and (16), C.R.S., and subsections (2) and (3) of this section;

(b) With the lawful consent of the originator or any addressee or intended recipient of such communication;

(c) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or

(d) Which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

(4.9) It shall not be unlawful for a district attorney or law enforcement officer to listen to a recording of or to read a transcription of the contents of an electronic communication involving a cordless telephone when the district attorney or law enforcement officer has come into possession of such materials from a third party. In order to use such materials as evidence in a prosecution for a crime other than wiretapping or eavesdropping, the district attorney or law enforcement officer shall have a reasonable basis for believing that the recording or transcription is reliable and shall also have separate probable cause based on corroborating evidence to support a reasonable belief that the crime was committed. Nothing in this subsection (4.9) shall preclude a district attorney from prosecuting a person for a violation of section 18-9-303 or 18-9-304.

(5) The exceptions in this section shall be affirmative defenses.
C.R.S. § 18-8-805 — CO Code / Title 18 / Article 8 / Part 8 / Section 18-8-805
18-8-805. Prohibition on using or directing administration of ketamine - duty to report -
Status: in_force

18-8-805. Prohibition on using or directing administration of ketamine - duty to report - duty to intervene - definition. (1) A peace officer shall not use, direct, or unduly influence the use of ketamine upon another person.

(2) (a) (I) A peace officer shall not compel, direct, or unduly influence an emergency medical service provider to administer ketamine.

(II) An emergency medical service provider shall confidentially report any violation of this subsection (2)(a) to the P.O.S.T. board created in section 24-31-302 within ten days of the occurrence. At a minimum, the report must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the events.

(III) A peace officer shall not retaliate in any way against an emergency medical service provider for reporting the incident pursuant to this subsection (2).

(IV) Upon receipt of the report submitted pursuant to subsection (2)(a)(II) of this section, the P.O.S.T. board shall submit the report to the peace officer's employing agency. The employing agency shall conduct an internal investigation of the alleged violation and transmit the findings of the internal investigation to the P.O.S.T. board. If the findings show the peace officer violated subsection (1), (2)(a)(I), or (5) of this section, the P.O.S.T. board may revoke the peace officer's certification in accordance with section 24-31-904 (1)(a)(III), (1)(a)(IV), or (2)(a).

(b) A peace officer shall not unduly influence an emergency medical service provider's medical decision or diagnosis, and an emergency medical service provider shall not base its medical decision or diagnosis exclusively on information provided by a peace officer.

(c) Notwithstanding subsection (2)(b) of this section, a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the emergency medical service provider's assessment of the need to administer ketamine.

(d) Notwithstanding section 18-1-707 (1.5)(a), a peace officer who is also certified as an emergency medical service provider may administer ketamine pursuant to the restrictions set forth in section 25-3.5-209 and when the decision to administer ketamine is based on the emergency medical service provider's training and expertise.

(3) A person who is directed by a peace officer to assist the peace officer to effect an arrest, detention, restraint, transport, or punishment; to prevent an escape from custody; or to facilitate ease and convenience in law enforcement encounters shall not use ketamine to carry out the peace officer's direction or undue influence.

(4) (a) A peace officer who, in pursuance of the peace officer's law enforcement duties, witnesses another peace officer, in pursuance of the other peace officer's law enforcement duties, use or direct the use of ketamine on another person shall report such use to the P.O.S.T. board created in section 24-31-302.

(b) At a minimum, the report required by this subsection (4) must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the events. A copy of an arrest report or other similar report required as a part of a peace officer's duties can be substituted for the report required by this subsection (4) if it includes such information. The report must be in writing and made within ten days after the occurrence of the use of ketamine.

(c) Any peace officer who fails to report the use or directed use of ketamine in the manner described in this subsection (4) commits a class 1 misdemeanor.

(d) Upon receipt of the report submitted pursuant to this subsection (4), the P.O.S.T. board shall submit the report to the peace officer's employing agency. The employing agency shall conduct an internal investigation of the alleged violation and transmit the findings of the internal investigation to the P.O.S.T. board. If the findings show the peace officer violated subsection (1), (2)(a)(I), or (5) of this section, the P.O.S.T. board may revoke the peace officer's certification in accordance with section 24-31-904 (1)(a)(III), (1)(a)(IV), (1)(a) or (2)(a).

(5) (a) A peace officer shall intervene, without regard for chain of command, to prevent or stop another peace officer from using or directing the use of ketamine in pursuance of the other peace officer's law enforcement duties to effect an arrest, detention, restraint, transport, or punishment; to prevent an escape from custody; or to facilitate ease and convenience in law enforcement encounters.

(b) (I) A peace officer who intervenes as required by subsection (5)(a) of this section shall report the intervention to the intervening peace officer's immediate supervisor.

(II) At a minimum, the report required by this subsection (5)(b) must include the date, time, and place of the occurrence; the identity, if known, and a description of the participants; and a description of the intervention actions taken. The report must be in writing and made within ten days after the occurrence of the intervention and must be included with all other reports of the incident.

(c) A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening as required by subsection (5)(a) of this section, for reporting any other violation of this section, or for failing to follow what the peace officer reasonably believes is an unconstitutional directive.

(d) Any peace officer who fails to intervene to prevent the use of or the directed use of ketamine as described in this subsection (5) commits a class 1 misdemeanor.

(e) When an administrative law judge or internal investigation finds that a peace officer failed to intervene to prevent the use of or the directed use of ketamine, the finding must be presented to the district attorney so that the district attorney can determine whether charges should be filed pursuant to subsection (5)(d) of this section. However, nothing in this subsection (5)(e) prohibits or is intended to discourage the district attorney from charging an officer with failure to intervene before the conclusion of any internal investigation.

(f) In a case in which the prosecution charges a peace officer with offenses related to and based upon the use or directed use of ketamine but does not file charges against any other peace officer or officers who were at the scene during the use of ketamine, the district attorney shall prepare a written report explaining the district attorney's basis for the decision not to charge any other peace officer with any criminal conduct and shall publicly disclose the report; except that if disclosure of the report would substantially interfere with or jeopardize an ongoing criminal investigation, the district attorney may delay public disclosure for up to forty-five days. The district attorney shall post the written report on its website or, if it does not have a website, make it publicly available.

(g) Nothing in this subsection (5) prohibits or discourages prosecution of any other criminal offense related to unlawful use or directed use of ketamine, failure to intervene, or failure to report, including a higher charge, if supported by the evidence.

(6) Any peace officer who knowingly makes a materially false statement that the officer does not believe to be true in any report made pursuant to subsection (4) of this section commits false reporting to authorities pursuant to section 18-8-111 (1)(a)(III).

(7) As used in this section, unless the context otherwise requires, "unduly influence" or "undue influence" means the improper use of power or trust in a way that deprives a person of free will and substitutes another's objective.
C.R.S. § 18-1.3-407 — CO Code / Title 18 / Article 1.3 / Part 4 / Section 18-1.3-407
18-1.3-407. Sentences - youthful offenders - powers and duties of district court - authoriza
Status: repealed

18-1.3-407. Sentences - youthful offenders - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - youthful offender system study - report - legislative declaration - definitions. (1) (a) It is the intent of the general assembly that the youthful offender system established pursuant to this section shall benefit the state by providing as a sentencing option for certain youthful offenders a controlled and regimented environment that affirms dignity of self and others, promotes the value of work and self-discipline, and develops useful skills and abilities through enriched programming.

(b) It is the further intent of the general assembly in enacting this section that female and male offenders who are eligible for sentencing to the youthful offender system pursuant to section 18-1.3-407.5 or section 19-2.5-801 (5) or 19-2.5-802 (1)(d)(I)(B) receive equitable treatment in sentencing, particularly in regard to the option of being sentenced to the youthful offender system. Accordingly, it is the general assembly's intent that the department of corrections take necessary measures to establish separate housing for female and male offenders who are sentenced to the youthful offender system without compromising the equitable treatment of either.

(c) (I) It is the intent of the general assembly that offenders sentenced to the youthful offender system be housed and serve their sentences in a facility specifically designed and programmed for the youthful offender system and that offenders so sentenced be housed separate from and not brought into daily physical contact with inmates twenty-five years of age or older sentenced to the department of corrections who have not been sentenced to the youthful offender system, except as specifically provided under subsection (5) of this section.

(II) For the purposes of public safety, academic achievement, rehabilitation, the development of pro-social behavior, or reentry planning for youthful offenders, the executive director or his or her designee may transfer any offender age twenty-four years or younger and sentenced to the department of corrections into and out of the youthful offender system at his or her discretion.

(III) The facility that houses offenders sentenced to the youthful offender system shall be limited to two hundred fifty-six beds.

(IV) (A) The department of corrections shall develop policies and procedures for decision-making regarding the transfer of any offender not sentenced to the youthful offender system into the youthful offender system in order to ensure that the goals of the youthful offender system, as described in this section; the operations of the rehabilitative program within the youthful offender system; and the delivery of services to those offenders directly sentenced to the youthful offender system are not compromised in any way by the comingled population.

(B) The department of corrections shall include in its annual report to the judiciary committees of the house of representatives and senate, or to any successor committees, pursuant to section 2-7-203, C.R.S., and in any annual youthful offender system report produced by the department, information regarding the policies and procedures developed by the department pursuant to sub-subparagraph (A) of this subparagraph (IV), the characteristics of the population of youthful offenders transferred pursuant to this paragraph (c), and the impact, if any, of transferred inmates on any youthful offender system programming or department of corrections programming.

(C) Notwithstanding any provisions of this section to the contrary, the department of corrections shall not initiate any transfers of inmates to the youthful offender system until the department has developed the policies and procedures described in sub-subparagraph (A) of this subparagraph (IV).

(d) It is the intent of the general assembly that offenders sentenced to the youthful offender system be sentenced as adults and be subject to all laws and department of corrections rules, regulations, and standards pertaining to adult inmates, except as otherwise provided in this section.

(2) (a) (I) A juvenile may be sentenced to the youthful offender system created pursuant to this section under the circumstances set forth in section 19-2.5-801 (5)(a)(II) or 19-2.5-802 (1)(d)(I)(B). A young adult offender may be sentenced to the youthful offender system created pursuant to this section under the circumstances set forth in section 18-1.3-407.5. In order to sentence a juvenile or young adult offender to the youthful offender system, the court shall first impose upon such person a sentence to the department of corrections in accordance with section 18-1.3-401. The court shall thereafter suspend such sentence conditioned on completion of a sentence to the youthful offender system, including a period of community supervision. The court shall impose any such sentence to the youthful offender system for a determinate period of not fewer than two years nor more than six years; except that a juvenile or young adult offender convicted of a class 2 felony may be sentenced for a determinate period of up to seven years. In imposing the sentence, the court shall grant authority to the department of corrections to place the offender under a period of community supervision for a period of not fewer than six months and up to twelve months any time after the date on which the offender has twelve months remaining to complete the determinate sentence. The court may award an offender sentenced to the youthful offender system credit for presentence confinement; except that such credit shall not reduce the offender's actual time served in the youthful offender system to fewer than two years. The court shall have a presentence investigation conducted before sentencing a juvenile or young adult offender pursuant to this section. Upon the request of either the prosecution or the defense, the presentence report must include a determination by the warden of the youthful offender system whether the offender is acceptable for sentencing to the youthful offender system. When making a determination, the warden shall consider the nature and circumstances of the crime; the age, circumstances, and criminal history of the offender; the available bed space in the youthful offender system; and any other appropriate considerations.

(II) Upon the successful completion of the determinate sentence to the youthful offender system, including the mandatory period of community supervision, the suspended sentence pursuant to section 18-1.3-401 shall have been completed. Whenever an offender is returned to the district court for revocation pursuant to subsection (5) of this section, the court shall impose the original sentence following the revocation of the sentence to the youthful offender system, except as otherwise provided in paragraph (b) of subsection (5) of this section.

(III) For the purposes of this section, unless the context otherwise requires:

(A) "Juvenile" means a person who is under eighteen years of age when the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.

(B) "Young adult offender" means a person who is at least eighteen years of age but under twenty years of age when the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.

(C) "Youthful offender" or "offender" means a juvenile or a young adult offender who has been sentenced to the youthful offender system or who is eligible for sentencing to the youthful offender system.

(IV) As used in this section, "community supervision" shall not be construed to mean a community corrections program, as defined in section 17-27-102, C.R.S.

(2) (a.5) Repealed.

(b) Article 22.5 of title 17, concerning time credits, applies to any person sentenced to the youthful offender system; except that an offender whose sentence to the youthful offender system is revoked pursuant to subsection (5) of this section may receive one day of credit against the suspended sentence imposed by the court following revocation of the sentence to the youthful offender system for each day the offender served in the youthful offender system, excluding any period of time during which the offender was under community supervision but including credit for presentence confinement authorized pursuant to section 18-1.3-405.

(2.1) (a) As originally enacted, this section applied only to offenses committed by juveniles on or after September 13, 1993. For purposes of extending the availability of sentencing options, a juvenile who meets the criteria set forth in section 19-2.5-801 (5)(a)(II) may be sentenced to the youthful offender system pursuant to this section under the following circumstances:

(I) The juvenile is sentenced on or after June 3, 1994, for an offense committed prior to, on, or after September 13, 1993;

(II) The juvenile committed an offense prior to September 13, 1993, and was sentenced for the offense on or after September 13, 1993, but prior to June 3, 1994. Such a juvenile may only be resentenced to the youthful offender system if a court, in its discretion, so orders in response to a motion filed in accordance with rule 35 of the Colorado rules of criminal procedure.

(b) A juvenile who committed an offense prior to September 13, 1993, and who was sentenced prior to September 13, 1993, shall not be eligible to be sentenced to the youthful offender system.

(c) A juvenile described in paragraph (a) of this subsection (2.1) may be sentenced pursuant to this section only if the juvenile meets the age requirement set forth in subparagraph (III) of paragraph (a) of subsection (2) of this section.

(3) The department of corrections shall develop and implement a youthful offender system for offenders sentenced in accordance with subsection (2) of this section. The youthful offender system shall be under the direction and control of the executive director of the department of corrections. The youthful offender system shall be based on the following principles:

(a) The system should provide for teaching offenders self-discipline by providing clear consequences for inappropriate behavior;

(b) The system should include a daily regimen that involves offenders in physical training, self-discipline exercises, educational and work programs, and meaningful interaction, with a component for a tiered system for swift and strict discipline for noncompliance;

(c) The system should use staff models and mentors to promote within an offender the development of socially accepted attitudes and behaviors;

(d) The system should provide offenders with instruction on problem-solving skills and should incorporate methods to reinforce the use of cognitive behavior strategies that change offenders' orientation toward criminal thinking and behavior;

(e) The system should promote among offenders the creation and development of new group cultures which result in a transition to prosocial behavior; and

(f) The system should provide offenders the opportunity to gradually reenter the community while demonstrating the capacity for self-discipline and the attainment of respect for the community.

(3.3) The youthful offender system consists of the following components, and the department of corrections has the authority described in this subsection (3.3) in connection with the administration of the components:

(a) An intake, diagnostic, and orientation phase;

(b) Phase I, during which time a range of core programs, supplementary activities, and educational and prevocational programs and services are provided to offenders;

(c) (I) Phase II, which may be administered during the last three to six months of the period of institutional confinement and during which time the department of corrections is authorized to transfer an offender to a twenty-four-hour custody residential program that serves youthful offenders.

(II) In connection with the component described in subparagraph (I) of this paragraph (c), the department of corrections is authorized to operate or to contract with a prerelease residential program for those sentenced as youthful offenders. The department of corrections or the contract provider shall provide for twenty-four-hour custody of offenders in phase II.

(d) (I) Phase III, which is to be administered for the period of community supervision that remains after the completion of phase II and during which the offender is monitored during reintegration into society.

(II) After the department determines appropriate phase III placement, the department shall notify, no later than thirty days prior to placement, the local law enforcement agency for the jurisdiction in which the offender shall be placed for phase III. The notice shall include the offender's name, the crime committed by the offender, the disposition of the offender's case, and the basis for the placement. The local law enforcement agency may appeal the placement, if the placement is in a jurisdiction other than the jurisdiction where the offender was convicted, it may appeal to the executive director of the department at least fifteen days prior to the placement. Except that the local law enforcement agency may not appeal if the placement is in the jurisdiction where the offender was residing at the time the offense was committed. If there is an appeal, after considering the department's basis for placement and the local law enforcement's basis for appeal, the executive director shall make the final determination of the placement.

(3.4) In addition to the powers granted to the department of corrections in subsection (3.3) of this section, the department of corrections may:

(a) Transfer a youthful offender to an appropriate facility for the purpose of accomplishing the offender's redirection goals, as long as the transfer does not jeopardize the safety and welfare of the offender;

(b) Operate an emancipation program and provide other support or monitoring services and residential placement for offenders participating in phase II and phase III under the youthful offender system for whom family reintegration poses difficulties. The department of corrections shall provide reintegration support services to an offender placed in an emancipation house.

(c) Contract with any public or private entity, including but not limited to a school district, for provision or certification of educational services. Offenders receiving educational services or diplomas from a school district under an agreement entered into pursuant to this paragraph (c) shall not be included in computing the school district's student performance on statewide assessments pursuant to section 22-7-1006.3, C.R.S., or the school district's levels of attainment of the performance indicators pursuant to article 11 of title 22, C.R.S.

(3.5) The executive director of the department of corrections or the executive director's designee has final approval on the hiring and transferring of staff for the youthful offender system. In staffing the youthful offender system, the executive director or the executive director's designee shall select persons who are trained in the treatment of youthful offenders or will be trained in the treatment of youthful offenders, are trained to act as role models and mentors pursuant to subsection (3)(c) of this section, and are best equipped to enable the youthful offender system to meet the principles specified in subsection (3) of this section. All staff members must be trained in the treatment of youthful offenders within forty-five days after their first day at the youthful offender system. Prior to receiving this training, a staff member shall not work directly with juveniles and must be supervised by a trained staff member when working with any young adult offenders at the youthful offender system. The executive director or the executive director's designee shall make a recommendation to the department of personnel regarding the classification of positions with the youthful offender system, taking into account the level of education and training required for such positions.

(4) The youthful offender system shall provide for community supervision which shall consist of highly structured surveillance and monitoring and educational and treatment programs. Community supervision shall be administered by the department of corrections, and revocation of the inmate's supervision status shall be subject to the provisions of subsections (2) and (5) of this section.

(4.3) The youthful offender system shall provide sex offender treatment services for an offender who is sentenced to the youthful offender system and who has a history of committing a sex offense as defined in section 16-11.7-102 (3), C.R.S., or who has a history of committing any other offense, the underlying factual basis of which includes a sex offense. Prior to July 1, 2002, the sex offender treatment services provided pursuant to this subsection (4.3) shall comply with any existing national standards for juvenile sex offender treatment. On and after July 1, 2002, the sex offender treatment services provided pursuant to this subsection (4.3) shall comply with the sex offender treatment standards adopted by the sex offender management board pursuant to section 16-11.7-103, C.R.S.

(4.5) The consent of the parent, parents, or legal guardian of an offender under the age of eighteen years who has been sentenced to the youthful offender system pursuant to this section is not necessary in order to authorize hospital, medical, mental health, dental, emergency health, or emergency surgical care. In addition, neither the department nor any hospital, physician, surgeon, mental health-care provider, dentist, trained emergency health-care provider, or agent or employee thereof who, in good faith, relies on such a minor offender's consent is liable for civil damages for failure to secure the consent of such an offender's parent, parents, or legal guardian prior to rendering such care. The parent, parents, or legal guardian of a minor offender described in this subsection (4.5) is not liable to pay the charges for the care provided the minor on said minor's consent.

(5) (a) Except as otherwise provided by paragraph (b) of this subsection (5), the department of corrections shall implement a procedure for the transfer of an offender to another facility when an offender in the system poses a danger to himself or herself or others. The executive director of the department of corrections shall review any transfer determination by the department prior to the actual transfer of an inmate, including a transfer back to the district court for revocation of the sentence to the youthful offender system. A transfer pursuant to this paragraph (a) shall be limited to a period not to exceed sixty days, at which time the offender shall be returned to the youthful offender facility to complete his or her sentence or returned to the district court for revocation of the sentence to the youthful offender system. In no case shall an offender initially sentenced to the youthful offender system be held in isolation or segregation or in an adult facility for longer than sixty consecutive days without action by the sentencing court.

(b) (I) An offender who is thought to have a behavioral or mental health disorder or an intellectual and developmental disability by a mental health clinician, as defined by regulation of the department of corrections, may be transferred to another facility for a period not to exceed sixty days for diagnostic validation of said disorder or disability. At the conclusion of the sixty-day period, the psychiatrists or other appropriate professionals conducting the diagnosis shall forward to the executive director of the department of corrections their findings, which at a minimum must include a statement of whether the offender has the ability to withstand the rigors of the youthful offender system. If the diagnosis determines that the offender is incapable of completing his or her sentence to the youthful offender system due to a behavioral or mental health disorder or an intellectual and developmental disability, the executive director shall forward such determination to the sentencing court. Based on the determination, the sentencing court shall review the offender's sentence to the youthful offender system and may:

(A) Impose the offender's original sentence to the department of corrections; or

(B) Reconsider and reduce the offender's sentence to the department of corrections in consideration of the offender's behavioral or mental health disorder or intellectual and developmental disability.

(II) An offender who is resentenced pursuant to this subsection (5)(b) shall continue to be treated as an adult for purposes of sentencing and shall not be sentenced pursuant to article 2.5 of title 19.

(III) In no event shall the sentencing court, after reviewing the offender's sentence to the youthful offender system pursuant to this subsection (5)(b), increase the offender's sentence to the department of corrections due to the offender's diagnosis of a behavioral or mental health disorder or determination of an intellectual and developmental disability.

(IV) Any offender who is diagnosed as having a behavioral or mental health disorder or determined to have an intellectual and developmental disability and is therefore incapable of completing his or her sentence to the youthful offender system may be housed in any department of corrections facility deemed appropriate by the executive director or transferred in accordance with procedures set forth in section 17-23-101 pending action by the sentencing court with regard to the offender's sentence.

(c) The department of corrections shall implement a procedure for returning offenders who cannot successfully complete the sentence to the youthful offender system, or who fail to comply with the terms or conditions of the youthful offender system, to the district court. An offender returned to the district court pursuant to subsection (5)(a) of this section or because he or she cannot successfully complete the sentence to the youthful offender system for reasons other than a behavioral or mental health disorder or an intellectual and developmental disability, or because he or she fails to comply with the terms or conditions of the youthful offender system, shall receive imposition of the original sentence to the department of corrections. After the executive director of the department upholds the department's decision, the offender may be held in any correctional facility deemed appropriate by the executive director; except that an offender who cannot successfully complete the sentence to the youthful offender system for reasons other than a behavioral or mental health disorder or an intellectual and developmental disability, or because he or she fails to comply with the terms or conditions of the youthful offender system, shall be transferred, within thirty-five days after the executive director upholds the department's decision, to a county jail for holding prior to resentencing. The department shall notify the district attorney of record, and the district attorney of record shall be responsible for seeking the revocation or review of the offender's sentence and the imposition of the original sentence or modification of the original sentence pursuant to subsection (5)(b)(I)(B) of this section. The district court shall review the offender's sentence within one hundred twenty-six days after notification to the district attorney of record by the department of corrections that the offender is not able to complete the sentence to the youthful offender system or fails to comply with the terms or conditions of the youthful offender system.

(d) (I) Except as provided in subsection (5)(d)(II) of this section, the department of corrections may house an offender in a youthful offender facility that also houses inmates twenty-five years of age or older sentenced to the department of corrections who are of a lower than close custody level if such inmates are housed in the youthful offender facility for the purpose of participating in a program to mentor youthful offenders that is authorized by the executive director of the department of corrections.

(II) The department of corrections shall not house an offender in a youthful offender facility that also houses any inmates twenty-five years of age or older sentenced to the department of corrections who have been convicted of a sex offense, as described in section 16-11.7-102 (3).

(6) The department of corrections shall establish and enforce standards for the youthful offender system. Offenders in the youthful offender system, including those under community supervision, shall be considered inmates for the purposes of section 17-1-111, C.R.S.

(7) The number of offenders in any program element under the youthful offender system shall be determined by the department within available appropriations.

(8) The department of corrections may and is encouraged to contract with any private or public entity for the provision of services and facilities under the youthful offender system.

(9) On or before November 1, 1993, the department, in conjunction with the division of criminal justice, shall develop and the department shall implement a process for monitoring and evaluating the youthful offender system. In implementing such system, the department may contract with a private agency for assistance.

(10) (a) (Deleted by amendment, L. 2002, p. 881, § 19, effective August 7, 2002.)

(b) The division of criminal justice shall independently monitor and evaluate, or contract with a public or private entity to independently monitor and evaluate, the youthful offender system. Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2002, and on or before November 1 every two years thereafter, the division of criminal justice shall report its findings, or the findings of the contract entity, to the judiciary committees of the senate and the house of representatives. The department of corrections shall cooperate in providing the necessary data to the division of criminal justice or an entity designated by the division of criminal justice to complete the evaluation required in this section.

(11) Repealed.

(11.5) (a) (I) An offender who is sentenced to the youthful offender system shall submit to collection and a chemical testing of a biological substance sample from the offender to determine the genetic markers thereof.

(II) Collection of the biological substance sample shall occur as soon as possible after being sentenced to the youthful offender system, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request.

(b) The department of corrections or its designee or contractor may use reasonable force to obtain biological substance samples in accordance with paragraph (a) of this subsection (11.5).

(c) Repealed.

(d) The Colorado bureau of investigation is directed to conduct the chemical testing of the biological substance samples obtained pursuant to this subsection (11.5).

(12) The general assembly recognizes that the increased number of violent crimes committed by juveniles and young adults is a problem faced by all the states of this nation. By creating the youthful offender system, Colorado stands at the forefront of the states in creating a new approach to addressing this problem. The general assembly also declares that the cost of implementing and operating the youthful offender system will create a burden on the state's limited resources. Accordingly, the general assembly directs the department of corrections to seek out and accept available federal, state, and local public funds, including project demonstration funds, and private moneys and private systems for the purpose of conducting the youthful offender system.

(13) Repealed.

(14) The department of corrections shall consult with one or more external experts to conduct a study of the effectiveness of the current youthful offender system, as designed by the enabling statute and as implemented by the department of corrections. The department shall consider all relevant research on effective programming for young adults and alternative management and program models for the youthful offender system. Additionally, the study must assess the potential expansion of the youthful offender system to serve offenders up to the age of twenty-five years who commit felony offenses, including the offenses that currently make a younger offender eligible for youthful offender sentencing by the court, and how that expansion could be implemented. The department shall seek alternative funding sources for this study through gifts, grants, and donations or fund the study through current appropriations. A report of findings must be completed by the external experts, in conjunction with the department, by December 1, 2021, and the report must be made available to the public.
C.R.S. § 18-9-303 — CO Code / Title 18 / Article 9 / Part 3 / Section 18-9-303
18-9-303. Wiretapping prohibited - penalty
Status: repealed

18-9-303. Wiretapping prohibited - penalty. (1) Any person not a sender or intended receiver of a telephone or telegraph communication commits wiretapping if he:

(a) Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without the consent of either a sender or a receiver thereof or attempts to do so; or

(b) Intentionally overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication for the purpose of committing or aiding or abetting the commission of an unlawful act; or

(c) Knowingly uses for any purpose or discloses to any person the contents of any such communication, or attempts to do so, while knowing or having reason to know the information was obtained in violation of this section; or

(d) Knowingly taps or makes any connection with any telephone or telegraph line, wire, cable, or instrument belonging to another or with any electronic, mechanical, or other device belonging to another or installs any device whether connected or not which permits the interception of messages; or

(e) Repealed.

(f) Knowingly uses any apparatus to unlawfully do, or cause to be done, any act prohibited by this section or aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.

(2) Wiretapping is a class 2 misdemeanor.
C.R.S. § 18-3-410 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-410
18-3-410. Medical exception
Status: in_force

18-3-410. Medical exception. The provisions of this part 4 shall not apply to any act performed for bona fide medical purposes if such act is performed in a manner which is not inconsistent with reasonable medical practices.
C.R.S. § 18-4-513 — CO Code / Title 18 / Article 4 / Part 5 / Section 18-4-513
18-4-513. Criminal use of a noxious substance
Status: in_force

18-4-513. Criminal use of a noxious substance. (1) Any person who deposits on the land or in the building or vehicle of another, without the other person's consent, any stink bomb or device, irritant, or offensive-smelling substance with the intent to interfere with another's use or enjoyment of the land, building, or vehicle commits a civil infraction.

(2) It shall be an affirmative defense that a peace officer in the performance of his duties reasonably used a noxious substance.
C.R.S. § 18-3-206 — CO Code / Title 18 / Article 3 / Part 2 / Section 18-3-206
18-3-206. Menacing
Status: in_force

18-3-206. Menacing. A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon or a simulated firearm, knife, or bludgeon.
C.R.S. § 18-7-204 — CO Code / Title 18 / Article 7 / Part 2 / Section 18-7-204
18-7-204. Keeping a place of prostitution
Status: in_force

18-7-204. Keeping a place of prostitution. (1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he:

(a) Knowingly grants or permits the use of such place for the purpose of prostitution; or

(b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

(2) Keeping a place of prostitution is a class 2 misdemeanor.
C.R.S. § 18-8-609 — CO Code / Title 18 / Article 8 / Part 6 / Section 18-8-609
18-8-609. Jury-tampering
Status: in_force

18-8-609. Jury-tampering. (1) A person commits jury-tampering if, with intent to influence a juror's vote, opinion, decision, or other action in a case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.

(1.5) A person commits jury-tampering if he knowingly participates in the fraudulent processing or selection of jurors or prospective jurors.

(2) Jury-tampering is a class 4 felony.
C.R.S. § 18-1-706.5 — CO Code / Title 18 / Article 1 / Part 7 / Section 18-1-706.5
18-1-706.5. Justification and exemption from liability when rendering emergency assistance t
Status: in_force

18-1-706.5. Justification and exemption from liability when rendering emergency assistance to an at-risk person or animal in a locked vehicle. A person is justified and exempt from criminal liability for criminal mischief, criminal trespass, or criminal tampering involving property if such action occurred when he or she rendered emergency assistance to an at-risk person or animal in a locked vehicle, provided the person rendering assistance acted in accordance with the provisions of section 13-21-108.4.
C.R.S. § 18-5-110 — CO Code / Title 18 / Article 5 / Part 1 / Section 18-5-110
18-5-110. Criminal simulation
Status: in_force

18-5-110. Criminal simulation. (1) A person commits a criminal simulation, when:

(a) With intent to defraud, he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have; or

(b) With knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified in paragraph (a) of this subsection (1).

(2) Criminal simulation is a class 2 misdemeanor.
C.R.S. § 18-14-101 — CO Code / Title 18 / Article 14 / Section 18-14-101
18-14-101. Definitions
Status: in_force

18-14-101. Definitions. "Hotel facility" means an establishment engaged in the business of furnishing overnight room accommodations primarily for transient persons.
C.R.S. § 18-18-410 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-410
18-18-410. Declaration of class 1 public nuisance
Status: in_force

18-18-410. Declaration of class 1 public nuisance. Except as authorized by section 18-18-434, article 170 of title 12, or article 50 of title 44, any store, shop, warehouse, dwelling house, building, vehicle, boat, or aircraft or any place whatsoever that is frequented by controlled substance addicts for the unlawful use of controlled substances or which is used for the unlawful storage, manufacture, sale, or distribution of controlled substances is declared to be a class 1 public nuisance and subject to the provisions of section 16-13-303. Any real or personal property that is seized or confiscated as a result of an action to abate a public nuisance shall be disposed of pursuant to part 7 of article 13 of title 16.
C.R.S. § 18-3-204 — CO Code / Title 18 / Article 3 / Part 2 / Section 18-3-204
18-3-204. Assault in the third degree
Status: repealed

18-3-204. Assault in the third degree. (1) A person commits the crime of assault in the third degree if:

(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

(2) Repealed.

(3) Assault in the third degree is a class 1 misdemeanor.

(4) Repealed.
C.R.S. § 18-5-705 — CO Code / Title 18 / Article 5 / Part 7 / Section 18-5-705
18-5-705. Criminal possession or sale of a blank financial transaction device
Status: in_force

18-5-705. Criminal possession or sale of a blank financial transaction device. (1) A person commits criminal possession or sale of a blank financial transaction device if, without the authorization of the issuer or manufacturer, he has in his possession or under his control or receives from another person, with intent to use, deliver, circulate, or sell it or with intent to cause the use, delivery, circulation, or sale of it, or sells any financial transaction device which has not been embossed or magnetically encoded with the name of the account holder, personal identification code, expiration date, or other proprietary institutional information.

(2) Criminal possession of a blank financial transaction device is a class 6 felony.

(3) Criminal possession of two or more blank financial transaction devices is a class 5 felony.

(4) Delivery, circulation, or sale of one blank financial transaction device is a class 5 felony.

(5) Delivery, circulation, or sale of two or more blank financial transaction devices is a class 3 felony.

(6) For purposes of this section, a blank financial transaction device is one that has at least one or more characteristics of a financial transaction device but does not contain all of the characteristics of a completed financial transaction device.
C.R.S. § 18-4-409 — CO Code / Title 18 / Article 4 / Part 4 / Section 18-4-409
18-4-409. Motor vehicle theft - definitions
Status: repealed

18-4-409. Motor vehicle theft - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on public highways and that is generally and commonly used to transport persons and property over the public highways.

(b) "Vehicle identification number" means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.

(2) A person commits motor vehicle theft in the first degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or reasonably should have known that the act was without authorization or was by threat or deception; and the person has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in this state, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.

(3) A person commits motor vehicle theft in the second degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; and:

(a) The person retains possession or control of the motor vehicle for more than twenty-four hours;

(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;

(c) The person attempts to alter or remove or alters or removes the vehicle identification number;

(d) The person removes the motor vehicle from this state;

(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;

(f) The person or a participant causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;

(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;

(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:

(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or

(II) A first or second degree criminal trespass of the motor vehicle; or

(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.

(4) A person commits motor vehicle theft in the third degree if the person knowingly:

(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or

(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.

(c) (Deleted by amendment, L. 2023.)

(4.5) Repealed.

(5) Consistent with section 18-1-202, if the theft of a motor vehicle occurs in one jurisdiction and the motor vehicle is recovered in another jurisdiction, the offender may be tried in the jurisdiction where the theft occurred, in any jurisdiction through which the motor vehicle was operated or transported, or in the jurisdiction in which the motor vehicle was recovered.

(6) (a) Motor vehicle theft in the first degree is a class 3 felony.

(b) Motor vehicle theft in the second degree is a class 4 felony.

(c) Motor vehicle theft in the third degree is a class 5 felony.

(7) A person whose conduct is limited to the elements of this section is not subject to prosecution pursuant to section 18-4-401.
C.R.S. § 18-18-406.9 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-406.9
18-18-406.9. Unlawful distribution or purchase of dextromethorphan - penalty - preemption - d
Status: in_force

18-18-406.9. Unlawful distribution or purchase of dextromethorphan - penalty - preemption - definitions. (1) It is unlawful for a seller, retailer, or vendor to knowingly or willfully dispense, sell, or distribute a finished drug product containing any quantity of dextromethorphan to a person less than eighteen years of age.

(2) (a) A seller, retailer, or vendor making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale unless the seller, retailer, or vendor reasonably presumes from the purchaser's outward appearance that the purchaser is at least twenty-five years of age.

(b) This section does not require a retail entity to:

(I) Place products in a specific place within a store;

(II) Impose other restrictions on consumers' direct access to finished drug products; or

(III) Maintain transaction records.

(3) A seller, retailer, or vendor who violates subsection (1) or (2)(a) of this section commits an unclassified petty offense and, upon conviction thereof, shall be punished as follows:

(a) For a first offense, the court shall issue a written warning to the seller, retailer, or vendor; and

(b) For a second or subsequent offense, the seller, retailer, or vendor shall pay a fine of not more than two hundred dollars.

(4) This section does not apply to a medication containing dextromethorphan, which medication is sold pursuant to a valid prescription.

(5) If a seller, retailer, or vendor is an employer and trains its employees concerning this section's restrictions on the distribution of medications containing dextromethorphan, such fact is an affirmative defense to any prosecution for an offense described in this section.

(6) As used in this section, unless the context otherwise requires:

(a) "Finished drug product" means a drug legally marketed under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., that is in finished dosage form.

(b) "Proof of age" means any document issued by a governmental agency that contains a description or photograph of the person and gives the person's date of birth, including a passport, military or state identification card, or driver's license.

(7) The general assembly finds that the regulation of access to products containing dextromethorphan is a matter of statewide concern, and, therefore, this section preempts any ordinance or code of any city, county, city and county, town, or other political subdivision of this state regulating the distribution or purchase of dextromethorphan.
C.R.S. § 18-8-801 — CO Code / Title 18 / Article 8 / Part 8 / Section 18-8-801
18-8-801. Definitions
Status: in_force

18-8-801. Definitions. As used in this part 8, unless the context otherwise requires:

(1) "Emergency medical service provider" has the same meaning as set forth in section 25-3.5-103 (8).

(2) "Materially false statement" has the meaning set out in section 18-8-501 (1).

(3) "Peace officer" has the meaning set out in section 16-2.5-101.
C.R.S. § 18-2-301 — CO Code / Title 18 / Article 2 / Part 3 / Section 18-2-301
18-2-301. Criminal solicitation
Status: in_force

18-2-301. Criminal solicitation. (1) Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if he or she commands, induces, entreats, or otherwise attempts to persuade another person, or offers his or her services or another's services to a third person, to commit a felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that crime, and under circumstances strongly corroborative of that intent.

(2) It is a defense to a prosecution under this section that, if the criminal object were achieved, the defendant would be the sole victim of the offense or the offense is so defined that his conduct would be inevitably incident to its commission or he otherwise would not be guilty under the statute defining the offense or under section 18-1-603 dealing with complicity.

(3) It is no defense to a prosecution under this section that the person solicited could not be guilty of the offense because of lack of responsibility or culpability, or other incapacity.

(4) It is an affirmative defense to a prosecution under this section that the defendant, after soliciting another person to commit a felony, persuaded him not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal intent.

(5) Criminal solicitation is subject to the penalties provided for criminal attempt in section 18-2-101.
C.R.S. § 18-1.3-1204 — CO Code / Title 18 / Article 1.3 / Part 12 / Section 18-1.3-1204
18-1.3-1204. Implements - sentence executed by executive director
Status: in_force

18-1.3-1204. Implements - sentence executed by executive director. The executive director of the department of corrections, at the expense of the state of Colorado, shall provide a suitable and efficient room or place, enclosed from public view, within the walls of the correctional facilities at Cañon City and therein at all times have in preparation all necessary implements requisite for carrying into execution the death penalty by means of the administration of a lethal injection. The execution shall be performed in the room or place by a person selected by the executive director and trained to administer intravenous injections. Death shall be pronounced by a licensed physician or a coroner according to accepted medical standards.
C.R.S. § 18-1.3-401.5 — CO Code / Title 18 / Article 1.3 / Part 4 / Section 18-1.3-401.5
18-1.3-401.5. Drug felonies classified - presumptive and aggravated penalties - legislative in
Status: in_force

18-1.3-401.5. Drug felonies classified - presumptive and aggravated penalties - legislative intent. (1) The provisions of this section only apply to a conviction for a drug felony offense described in article 18 of this title committed on or after October 1, 2013. For purposes of this section, "felony" means any felony or drug felony defined in the state statutes.

(2) (a) For offenses committed on or after October 1, 2013, drug felonies are divided into four levels that are distinguished from one another by the ranges of penalties, which are authorized upon conviction of a drug felony:

Level Presumptive Range Period of Parole

DF1 Eight years Thirty-two years Three years

DF2 Four years Eight years Two years

DF3 Two years Four years One year

DF4 Six months One year One year

Level Aggravated Range Period of Parole

DF2 Eight years Sixteen years Two years

DF3 Four years Six years One year

DF4 One year Two years One year

(b) (I) As to any person sentenced for a drug felony committed on or after October 1, 2013, except as otherwise provided in subparagraph (V) of this paragraph (b) and in subsection (7) of this section, in addition to, or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following ranges may be imposed for the specified level of drug felonies:

Level Minimum Sentence Maximum Sentence

DF1 Five thousand dollars One million dollars

DF2 Three thousand dollars Seven hundred fifty thousand dollars

DF3 Two thousand dollars Five hundred thousand dollars

DF4 One thousand dollars One hundred thousand dollars

(II) Failure to pay a fine imposed pursuant to this paragraph (b) is grounds for revocation of probation, community corrections, or a suspended sentence, if the defendant has the ability to pay the fine.

(III) If a revocation occurs pursuant to subparagraph (II) of this paragraph (b), the court may impose any sentence legally available, subject to the provisions of section 18-1.3-104.5 (2).

(IV) All fines collected pursuant to this paragraph (b) must be deposited in the fines collection fund created in section 18-1.3-401 (1)(a)(III)(D) and are subject to the provisions of that section.

(V) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), a person who has been twice convicted of a felony under the laws of this state, any other state, or the United States prior to the conviction for which he or she is being sentenced shall not be eligible to receive a fine in lieu of any sentence to imprisonment, community corrections, or work release but shall be sentenced to at least the minimum sentence specified in paragraph (a) of this subsection (2) and may receive a fine in addition to said sentence.

(2.5) It is the intent of the general assembly that sentencing for crimes that involve fentanyl, carfentanil, benzimidazole opiate, or any analog thereof, as described in section 18-18-204 (2)(g), even in small quantities, reflect the high risk of addiction and death associated with fentanyl, carfentanil, benzimidazole opiate, or any analog thereof. Therefore, the education and treatment procedures provided in section 18-1.3-410 must be implemented to address this substantial health risk.

(3) A person who is paroled pursuant to section 17-22.5-403, C.R.S., or any person who is not paroled and is discharged pursuant to law, shall be subject to the mandatory period of parole established pursuant to paragraph (a) of subsection (2) of this section. The mandatory period of parole may not be waived by the offender or waived or suspended by the court and is subject to the provisions of section 17-22.5-403 (6), C.R.S., which permits the state board of parole to discharge the offender at any time during the term of parole upon a determination that the offender has been sufficiently rehabilitated and reintegrated into society and can no longer benefit from parole supervision.

(4) The mandatory period of parole imposed pursuant to paragraph (a) of subsection (2) of this section commences immediately upon the discharge of an offender from imprisonment in the custody of the department of corrections. If the offender has been granted release to parole supervision by the state board of parole, the offender is deemed to have discharged the offender's sentence to imprisonment provided for in subsection (2) of this section in the same manner as if such sentence were discharged pursuant to law. When an offender is released by the state board of parole or released because the offender's sentence was discharged pursuant to law, the mandatory period of parole must be served by the offender. An offender sentenced for a drug felony may receive earned time pursuant to section 17-22.5-405, C.R.S., while serving a mandatory parole period in accordance with this section.

(5) If an offender is sentenced consecutively for the commission of two or more felony offenses pursuant to sentencing provisions in this section or section 18-1.3-401, the mandatory period of parole for the offender must be the longest mandatory period of parole established for a felony for which the offender was convicted.

(6) Any person sentenced for a level 1, 2, 3, or 4 drug felony that is the offender's second or subsequent felony or drug felony offense, regardless of the length of the person's sentence to incarceration and the mandatory period of parole, is not deemed to have fully discharged his or her sentence until the person either completes, or is discharged by the state board of parole from, the mandatory period of parole imposed pursuant to paragraph (a) of subsection (2) of this section.

(7) Except as provided in section 18-18-405 (2)(a)(III)(B), notwithstanding any provision of this section to the contrary, if the defendant is convicted of a level 1 drug felony, the court shall sentence the defendant to a term of incarceration in the department of corrections of at least eight years but not more than thirty-two years. The presence of one or more of the aggravating circumstances provided in subsection (10)(a) of this section or in section 18-18-407 (1) requires the court to sentence a defendant convicted of a level 1 drug felony to a term of incarceration in the department of corrections of at least twelve years but no more than thirty-two years. The court may impose a fine in addition to imprisonment.

(8) In imposing a sentence to incarceration, the court shall impose a definite sentence that is within the presumptive ranges set forth in subsection (2) of this section; except that, for level 2, level 3, and level 4 drug felonies, the court may sentence the defendant in the aggravated range if it concludes aggravating circumstances exist. The aggravating circumstances must be based on evidence in the record of the sentencing hearing, the presentence report, and any factors agreed to by the parties and must support a different sentence that better serves the purposes of this code with respect to sentencing, as set forth in section 18-1-102.5.

(9) In all cases, except as provided in subsection (10) of this section, in which a sentence that is not within the presumptive range is imposed, the court shall make specific findings on the record, detailing the aggravating circumstances that constitute the reasons for varying from the presumptive sentence.

(10) (a) Except for a level 1 drug felony, the presence of one or more of the following aggravating circumstances at the time of the commission of a drug felony offense requires the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than the maximum term of the aggravated range:

(I) The defendant was on parole for another felony;

(II) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony;

(III) The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony;

(III.5) The defendant was on appeal bond following his or her conviction for a previous felony;

(IV) The defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult; or

(V) The defendant committed a violation of section 18-18-405 (2)(a)(III)(A), and the unlawful distribution, manufacturing, dispensing, or sale of the material, compound, mixture, or preparation weighed more than fifty grams and contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g).

(b) In any case in which one or more of the aggravating circumstances provided for in paragraph (a) of this subsection (10) exist, the provisions of subsection (9) of this section do not apply.

(c) Nothing in this subsection (10) precludes the court from considering aggravating circumstances other than those stated in paragraph (a) of this subsection (10) as the basis for sentencing the defendant to a term greater than the presumptive range for the drug felony.

(11) Except for a level 1 drug felony, the presence of any one or more of the following sentence-enhancing circumstances allows the court, if it sentences the defendant to incarceration, to sentence the defendant to a term in the presumptive or aggravated range:

(a) At the time of the commission of the drug felony, the defendant was charged with or was on bond for a felony in a previous case and the defendant was convicted of any felony in the previous case;

(b) At the time of the commission of the drug felony, the defendant was charged with or was on bond for a delinquent act that would have constituted a felony if committed by an adult;

(c) At the time of the commission of the drug felony, the defendant was on bond for having pled guilty to a lesser offense when the original offense charged was a felony;

(c.5) At the time of the commission of the drug felony, the defendant was under a deferred judgment and sentence for another felony;

(d) At the time of the commission of the drug felony, the defendant was on bond in a juvenile prosecution under title 19, C.R.S., for having pled guilty to a lesser delinquent act when the original delinquent act charged would have constituted a felony if committed by an adult;

(e) At the time of the commission of the drug felony, the defendant was under a deferred judgment and sentence for a delinquent act that would have constituted a felony if committed by an adult; or

(f) At the time of the commission of the drug felony, the defendant was on parole for having been adjudicated a delinquent child for an offense that would constitute a felony if committed by an adult.

(12) When it appears to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the defendant, will be best served thereby, the court has the power to suspend the imposition or execution of sentence for such period and upon such terms and conditions as it may deem best; except that the court may not suspend a sentence when the defendant is convicted of a level 1 drug felony. In no instance may a sentence be suspended if the defendant is ineligible for probation pursuant to section 18-1.3-201, except upon an express waiver being made by the sentencing court regarding a particular defendant upon recommendation of the district attorney and approval of such recommendation by an order of the sentencing court pursuant to section 18-1.3-201 (4).

(13) Every sentence entered under this section must include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

(14) (a) Notwithstanding subsection (2)(a) of this section, for the purpose of sentencing a person convicted of a level 4 drug felony committed on or after July 1, 2022, in violation of section 18-18-403.5 (2.5), a court shall either sentence an offender to probation for up to two years, with the possibility of a total of one hundred eighty days in county jail, or for a third or subsequent offense, a total of up to three hundred sixty-four days in county jail, which may be imposed in whole or in part during the time period of probation as a condition of probation or as a sanction for a violation of probation; or sentence an offender to up to one hundred eighty days in the county jail; except that for a third or subsequent offense, the court may sentence an offender to up to three hundred sixty-four days in the county jail if the court sentences the offender to jail. In addition to the sentence to probation or to the county jail, the court may impose a fine of not more than one thousand dollars.

(b) A court may sentence a person convicted of a level 4 drug felony committed on or after July 1, 2022, in violation of section 18-18-403.5 (2.5), to a county jail sentencing alternative provided pursuant to section 18-1.3-106 or placement in a community corrections program as a condition of probation provided pursuant to section 18-1.3-301 (4) as a sentencing alternative.

(c) Notwithstanding any other provision of law to the contrary, an offender convicted of a level 4 drug felony committed on or after July 1, 2022, in violation of section 18-18-403.5 (2.5), is not subject to the jurisdiction of the department of corrections or a mandatory period of parole.
C.R.S. § 18-1.3-1011 — CO Code / Title 18 / Article 1.3 / Part 10 / Section 18-1.3-1011
18-1.3-1011. Annual report
Status: in_force

18-1.3-1011. Annual report. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2000, and on or before each November 1 thereafter, the department of corrections, the department of public safety, and the judicial department shall submit a report to the judiciary committees of the house of representatives and the senate, or any successor committees, and to the joint budget committee of the general assembly specifying, at a minimum:

(a) The impact on the prison population, the parole population, and the probation population in the state due to the extended length of incarceration and supervision provided for in sections 18-1.3-1004, 18-1.3-1006, and 18-1.3-1008;

(b) The number of offenders placed in the intensive supervision parole program and the intensive supervision probation program and the length of supervision of offenders in said programs;

(c) The number of sex offenders sentenced pursuant to this part 10 who received parole release hearings and the number released on parole during the preceding twelve months, if any;

(d) The number of sex offenders sentenced pursuant to this part 10 who received parole or probation discharge hearings and the number discharged from parole or probation during the preceding twelve months, if any;

(e) The number of sex offenders sentenced pursuant to this part 10 who received parole or probation revocation hearings and the number whose parole or probation was revoked during the preceding twelve months, if any;

(f) A summary of the evaluation instruments developed by the management board and use of the evaluation instruments in evaluating sex offenders pursuant to this part 10;

(g) The availability of sex offender treatment providers throughout the state, including location of the treatment providers, the services provided, and the amount paid by offenders and by the state for the services provided, and the manner of regulation and review of the services provided by sex offender treatment providers;

(h) The average number of sex offenders sentenced pursuant to this part 10 that participated in phase I and phase II of the department's sex offender treatment and monitoring program during each month of the preceding twelve months;

(i) The number of sex offenders sentenced pursuant to this part 10 who were denied admission to treatment in phase I and phase II of the department's sex offender treatment and monitoring program for reasons other than length of remaining sentence during each month of the preceding twelve months;

(j) The number of sex offenders sentenced pursuant to this part 10 who were terminated from phase I and phase II of the department's sex offender treatment and monitoring program during the preceding twelve months and the reason for termination in each case;

(k) The average length of participation by sex offenders sentenced pursuant to this part 10 in phase I and phase II of the department's sex offender treatment and monitoring program during the preceding twelve months;

(l) The number of sex offenders sentenced pursuant to this part 10 who were denied readmission to phase I and phase II of the department's sex offender treatment and monitoring program after having previously been terminated from the program during the preceding twelve months;

(m) The number of sex offenders sentenced pursuant to this part 10 who were recommended by the department's sex offender treatment and monitoring program to the parole board for release on parole during the preceding twelve months and whether the recommendation was followed in each case; and

(n) The number of sex offenders sentenced pursuant to this part 10 who were recommended by the department's sex offender treatment and monitoring program for placement in community corrections during the preceding twelve months and whether the recommendation was followed in each case.
C.R.S. § 18-18-604 — CO Code / Title 18 / Article 18 / Part 6 / Section 18-18-604
18-18-604. Uniformity of interpretation
Status: in_force

18-18-604. Uniformity of interpretation. To the extent that this article is uniform, the judiciary may look to decisions regarding the "Uniform Controlled Substances Act of 2013" among states enacting it, subject to rights and obligations provided under other Colorado statutes and the state constitution.
C.R.S. § 18-8-601 — CO Code / Title 18 / Article 8 / Part 6 / Section 18-8-601
18-8-601. Definitions
Status: in_force

18-8-601. Definitions. The definitions contained in sections 18-8-101, 18-8-301, and 18-8-501 are applicable to the provisions of this part 6, and, in addition to those definitions:

(1) "Juror" means any person who is a member of any jury or grand jury impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term "juror" also includes any person who has been drawn or summoned to attend as a prospective juror.

(2) "Testimony" includes oral or written statements, documents, or any other evidence that may be offered by or through a witness in an official proceeding.
C.R.S. § 18-18-420 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-420
18-18-420. Imitation controlled substances - definitions
Status: in_force

18-18-420. Imitation controlled substances - definitions. As used in sections 18-18-419 to 18-18-424, unless the context otherwise requires:

(1) "Controlled substance" shall have the same meaning as set forth in section 18-18-102 (5).

(2) "Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance, with or without remuneration.

(3) "Imitation controlled substance" means a substance that is not the controlled substance that it is purported to be but which, by appearance, including color, shape, size, and markings, by representations made, and by consideration of all relevant factors as set forth in section 18-18-421, would lead a reasonable person to believe that the substance is the controlled substance that it is purported to be.

(4) "Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance.
C.R.S. § 18-1-502 — CO Code / Title 18 / Article 1 / Part 5 / Section 18-1-502
18-1-502. Requirements for criminal liability in general and for offenses of strict liabil
Status: in_force

18-1-502. Requirements for criminal liability in general and for offenses of strict liability and of mental culpability. The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of "strict liability". If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of "mental culpability".
C.R.S. § 18-5-308 — CO Code / Title 18 / Article 5 / Part 3 / Section 18-5-308
18-5-308. Electronic mail fraud
Status: in_force

18-5-308. Electronic mail fraud. (1) A person commits electronic mail fraud if he or she violates any provision of 18 U.S.C. sec. 1037 (a).

(2) This section shall not apply to a provider of internet access service, as defined in 47 U.S.C. sec. 231, who does not initiate the commercial electronic mail message.

(3) Electronic mail fraud is a class 2 misdemeanor.
C.R.S. § 18-5-208 — CO Code / Title 18 / Article 5 / Part 2 / Section 18-5-208
18-5-208. Dual contracts to induce loan
Status: in_force

18-5-208. Dual contracts to induce loan. It is a class 2 misdemeanor for any person to knowingly make, issue, deliver, or receive dual contracts for the purchase or sale of real property. The term "dual contracts", either written or oral, means two separate contracts concerning the same parcel of real property, one of which states the true and actual purchase price and one of which states a purchase price in excess of the true and actual purchase price, and is used, or intended to be used, to induce persons to make a loan or a loan commitment on such real property in reliance upon the stated inflated value.
C.R.S. § 18-13-101 — CO Code / Title 18 / Article 13 / Section 18-13-101
18-13-101. Abuse of a corpse
Status: in_force

18-13-101. Abuse of a corpse. (1) A person commits abuse of a corpse if, without statutory or court-ordered authority, the person:

(a) Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106; or

(b) Treats the body or remains of any person in a way that would outrage normal family sensibilities.

(2) Abuse of a corpse is a class 6 felony.

(3) (a) A defendant may not be convicted of both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), if the act arises out of a single incident.

(b) If a defendant is charged with both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), the court shall proceed pursuant to section 18-1-408.
C.R.S. § 18-18-505 — CO Code / Title 18 / Article 18 / Part 5 / Section 18-18-505
18-18-505. Judicial review
Status: in_force

18-18-505. Judicial review. All final determinations, findings, and conclusions of the board or BHA under this article 18 are subject to judicial review pursuant to section 24-4-106.
C.R.S. § 18-18-404 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-404
18-18-404. Unlawful use of a controlled substance
Status: repealed

18-18-404. Unlawful use of a controlled substance. (1) (a) Except as is otherwise provided for offenses concerning marijuana and marijuana concentrate in sections 18-18-406 and 18-18-406.5, or for natural medicine or natural medicine product in section 18-18-434, article 170 of title 12, or article 50 of title 44, any person who uses any controlled substance, except when it is dispensed by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense the controlled substance for bona fide medical needs, commits a level 2 drug misdemeanor.

(b) Repealed.

(1.1) Repealed.

(2) and (3) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1163, § 2, effective August 11, 2010.)

(4) Repealed.
C.R.S. § 18-10-106 — CO Code / Title 18 / Article 10 / Section 18-10-106
18-10-106. Gambling information
Status: in_force

18-10-106. Gambling information. (1) Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, or other means or knowingly installs or maintains equipment for the transmission or receipt of gambling information commits a class 2 misdemeanor.

(2) Facilities and equipment furnished by a public utility in the regular course of business, and which remain the property of the utility while so furnished, shall not be seized except in connection with an alleged violation of this article by the public utility and shall be forfeited only upon conviction of the public utility therefor.
C.R.S. § 18-1.3-402 — CO Code / Title 18 / Article 1.3 / Part 4 / Section 18-1.3-402
18-1.3-402. Felony offenses not classified
Status: in_force

18-1.3-402. Felony offenses not classified. (1) Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it. For felony offenses committed on or after July 1, 1993, if the sentencing court sentences an offender to incarceration pursuant to the provisions of this section, the sentencing court shall also impose a mandatory period of parole of two years.

(2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.
C.R.S. § 18-7-205.7 — CO Code / Title 18 / Article 7 / Part 2 / Section 18-7-205.7
18-7-205.7. Patronizing a prostitute with knowledge of being infected with acquired immune d
Status: repealed

18-7-205.7. Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome. (Repealed)
C.R.S. § 18-9-116 — CO Code / Title 18 / Article 9 / Part 1 / Section 18-9-116
18-9-116. Throwing missiles at vehicles - harassment of bicyclists
Status: in_force

18-9-116. Throwing missiles at vehicles - harassment of bicyclists. (1) Any person who knowingly projects any missile at or against any vehicle or equipment designed for the transportation of persons or property, other than a bicycle, commits a civil infraction.

(2) Any person who knowingly projects any missile at or against a bicyclist commits a class 2 misdemeanor.

(3) As used in this section, "missile" means any object or substance.
C.R.S. § 18-15-101 — CO Code / Title 18 / Article 15 / Section 18-15-101
18-15-101. Definitions
Status: in_force

18-15-101. Definitions. As used in this article, unless the context otherwise requires:

(1) To "collect" an extension of credit means to induce in any way any person to make repayment thereof.

(2) "Creditor" means any person who extends credit or any person claiming by, under, or through any such person.

(3) "Debtor" means any person who receives an extension of credit or any person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person who receives an extension of credit to repay the same.

(4) To "extend credit" means to make or renew any loan or to enter into any agreement, express or implied, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.

(5) An "extortionate means" is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(6) (a) "Loan finance charge" means the sum of all charges payable directly or indirectly by the debtor and imposed directly or indirectly by the lender as an incident to or as a condition of the extension of credit, whether paid or payable by the debtor, the lender, or any other person on behalf of the debtor to the lender or to a third party, including, but not limited to, any of the following types of charges that are applicable:

(I) Interest or any amount payable under a point, discount, or other system of charges, however denominated;

(II) Premium or other charge for any guarantee of insurance protecting the lender against the debtor's default or other credit loss;

(III) Charges incurred for investigating the collateral or credit-worthiness of the debtor or for commissions or brokerage for obtaining the credit.

(b) The term does not include the charges as a result of additional charges as defined in section 5-2-202, C.R.S., delinquency charges as defined in section 5-2-203, C.R.S., deferral charges as defined in section 5-2-204, C.R.S., similar charges specifically authorized by law, or additional interest charges permitted by section 5-12-107 (3), C.R.S.

(7) "Repayment" of an extension of credit includes the repayment, satisfaction, or discharge, in whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
C.R.S. § 18-3-405.7 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-405.7
18-3-405.7. Unlawful sexual conduct by a peace officer - definition
Status: in_force

18-3-405.7. Unlawful sexual conduct by a peace officer - definition. (1) A peace officer commits unlawful sexual conduct by a peace officer by knowingly engaging in sexual contact, sexual intrusion, or sexual penetration under any of the following circumstances:

(a) In the same encounter, the peace officer contacts the victim for the purpose of law enforcement or contacts the victim in the exercise of the officer's employment activities or duties;

(b) The peace officer knows that the victim is, or causes the victim to believe that he or she is, the subject of an active investigation, and the peace officer uses that knowledge to further the sexual contact, intrusion, or penetration; or

(c) In furtherance of sexual contact, intrusion, or penetration, the peace officer makes any show of real or apparent authority.

(2) (a) Unlawful sexual conduct by a peace officer under circumstances when the victim is subject to sexual contact is a class 4 felony.

(b) Unlawful sexual conduct by a peace officer under circumstances in which sexual intrusion or penetration is inflicted on the victim is a class 3 felony.

(3) For the purposes of this section, unless the context otherwise requires, "peace officer" means any person described in article 2.5 of title 16.

(4) It is not a defense to this section that the victim consented to the sexual contact, intrusion, or penetration.

(5) This section does not apply to sexual contact or intrusion that occurs incident to a lawful search.
C.R.S. § 18-9-201.7 — CO Code / Title 18 / Article 9 / Part 2 / Section 18-9-201.7
18-9-201.7. Animal cruelty prevention fund - control of fund - repeal
Status: repealed

18-9-201.7. Animal cruelty prevention fund - control of fund - repeal. (Repealed)
C.R.S. § 18-18-406.1 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-406.1
18-18-406.1. Unlawful use or possession of synthetic cannabinoids or salvia divinorum
Status: in_force

18-18-406.1. Unlawful use or possession of synthetic cannabinoids or salvia divinorum. (1) Except as provided in section 25-5-427 or article 10 of title 44, it is unlawful for any person to use or possess any amount of any synthetic cannabinoid or salvia divinorum.

(2) A person who violates any provision of subsection (1) of this section commits a level 2 drug misdemeanor.
C.R.S. § 18-6-401.3 — CO Code / Title 18 / Article 6 / Part 4 / Section 18-6-401.3
18-6-401.3. Video tape depositions - children - victims of child abuse
Status: in_force

18-6-401.3. Video tape depositions - children - victims of child abuse. (1) When a defendant has been charged with an act of child abuse, as defined in section 18-6-401 (1), and when the victim at the time of the commission of the act is a child less than fifteen years of age, the prosecution may apply to the court for an order that a deposition be taken of the victim's testimony and that the deposition be recorded and preserved on video tape.

(2) The prosecution shall apply for the order in writing at least three days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition.

(3) Upon timely receipt of the application, the court shall make a preliminary finding regarding whether, at the time of trial, the victim is likely to be medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence. Such finding shall be based on, but not be limited to, recommendations from the child's therapist or any other person having direct contact with the child, whose recommendations are based on specific behavioral indicators exhibited by the child. If the court so finds, it shall order that the deposition be taken, pursuant to rule 15 (d) of the Colorado rules of criminal procedure, and preserved on video tape. The prosecution shall transmit the video tape to the clerk of the court in which the action is pending.

(4) If at the time of trial the court finds that further testimony would cause the victim emotional trauma so that the victim is medically unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the court may admit the video tape of the victim's deposition as former testimony under rule 804 (b)(1) of the Colorado rules of evidence.

(5) Nothing in this section shall prevent the admission into evidence of any videotaped statements of children that would qualify for admission pursuant to section 13-25-129, C.R.S., or any other statute or rule of evidence.