C.R.S. § 18-12-111 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-111
18-12-111. Unlawful purchase of firearms - report to law enforcement - penalties
Status: in_force

18-12-111. Unlawful purchase of firearms - report to law enforcement - penalties. (1) Any person who knowingly purchases or otherwise obtains a firearm on behalf of or for transfer to a person who the transferor knows or reasonably should know is ineligible to possess a firearm pursuant to federal or state law commits a class 4 felony.

(2) (a) Any person who is a licensed dealer, as defined in 18 U.S.C. sec. 921 (a)(11), shall post a sign displaying the provisions of subsection (1) of this section in a manner that is easily readable. The person shall post such sign in an area that is visible to the public at each location from which the person sells firearms to the general public.

(b) Any person who violates any provision of this subsection (2) commits a civil infraction.

(3) [Editor's note: Subsection (3) is effective July 1, 2025.] (a) If a firearms dealer who holds a state permit to deal firearms pursuant to section 18-12-401.5 reasonably believes, knows or should know, or becomes aware after a transfer, that a person, including an employee, purchased or attempted to purchase a firearm in violation of this section, the dealer shall report that information to a law enforcement agency with jurisdiction over the dealer's place of business.

(b) Failure to make the report required by this subsection (3) within forty-eight hours after the dealer becomes aware of an unlawful firearm purchase or attempted firearm purchase is a violation of state law concerning the sale of firearms and is subject to the penalties described in section 18-12-401.5 (7).
C.R.S. § 18-1-402 — CO Code / Title 18 / Article 1 / Part 4 / Section 18-1-402
18-1-402. Presumption of innocence
Status: in_force

18-1-402. Presumption of innocence. Every person is presumed innocent until proved guilty. No person shall be convicted of any offense unless his guilt thereof is proved beyond a reasonable doubt.
C.R.S. § 18-3-405.5 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-405.5
18-3-405.5. Sexual assault on a client by a psychotherapist - definitions
Status: in_force

18-3-405.5. Sexual assault on a client by a psychotherapist - definitions. (1) (a) Any actor who knowingly inflicts sexual penetration or sexual intrusion on a victim commits aggravated sexual assault on a client if:

(I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II) The actor is a psychotherapist and the victim is a client and the sexual penetration or intrusion occurred by means of therapeutic deception.

(b) Aggravated sexual assault on a client is a class 4 felony.

(2) (a) Any actor who knowingly subjects a victim to any sexual contact commits sexual assault on a client if:

(I) The actor is a psychotherapist and the victim is a client of the psychotherapist; or

(II) The actor is a psychotherapist and the victim is a client and the sexual contact occurred by means of therapeutic deception.

(b) Sexual assault on a client is a class 1 misdemeanor.

(3) Consent by the client to the sexual penetration, intrusion, or contact shall not constitute a defense to such offense.

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

(a) "Client" means a person who seeks or receives psychotherapy from a psychotherapist.

(b) "Psychotherapist" means any person who performs or purports to perform psychotherapy, whether the person is licensed or registered by the state pursuant to title 12, C.R.S., or certified by the state pursuant to part 5 of article 1 of title 25, C.R.S.

(c) "Psychotherapy" means the treatment, diagnosis, or counseling in a professional relationship to assist individuals or groups to alleviate behavioral or mental health disorders, understand unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning.

(d) "Therapeutic deception" means a representation by a psychotherapist that sexual contact, penetration, or intrusion by the psychotherapist is consistent with or part of the client's treatment.

(5) A person who is convicted on or after July 1, 2013, of sexual assault on a client by a psychotherapist under this section, upon conviction, shall be advised by the court that the person has no right:

(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c) Of inheritance from a child conceived as a result of the commission of that offense; and

(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.
C.R.S. § 18-4-410 — CO Code / Title 18 / Article 4 / Part 4 / Section 18-4-410
18-4-410. Theft by receiving
Status: repealed

18-4-410. Theft by receiving. (Repealed)
C.R.S. § 18-18-412.5 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-412.5
18-18-412.5. Unlawful possession of materials to make methamphetamine and amphetamine - penal
Status: in_force

18-18-412.5. Unlawful possession of materials to make methamphetamine and amphetamine - penalty. (1) The general assembly finds and declares that persons are manufacturing methamphetamine and amphetamine using nonprescription drugs that are readily and legally available. The general assembly further finds that it is necessary to make illegal the possession of such nonprescription drugs with the intent to use them as immediate precursors in manufacturing any controlled substance.

(2) Notwithstanding any other provision of law to the contrary, no person shall possess ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use such product as an immediate precursor in the manufacture of any controlled substance.

(3) A person who violates the provisions of this section commits a level 2 drug felony.
C.R.S. § 18-7-106 — CO Code / Title 18 / Article 7 / Part 1 / Section 18-7-106
18-7-106. Constitutional questions expedited
Status: repealed

18-7-106. Constitutional questions expedited. (Repealed)
C.R.S. § 18-7-301 — CO Code / Title 18 / Article 7 / Part 3 / Section 18-7-301
18-7-301. Public indecency
Status: in_force

18-7-301. Public indecency. (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:

(a) An act of sexual intercourse; or

(b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)

(c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or

(d) A lewd fondling or caress of the body of another person; or

(e) A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

(2) Public indecency is a petty offense.

(3) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
C.R.S. § 18-8-614 — CO Code / Title 18 / Article 8 / Part 6 / Section 18-8-614
18-8-614. Willful harassment of juror by employer
Status: in_force

18-8-614. Willful harassment of juror by employer. (1) An employer commits willful harassment of a juror if he willfully deprives an employed juror of employment or any incidents or benefits thereof or willfully harasses, threatens, or coerces an employee because the employee receives a juror summons, responds thereto, performs any obligation or election of juror service as a trial or grand juror, or exercises any right under the "Colorado Uniform Jury Selection and Service Act", article 71 of title 13, C.R.S.

(2) Willful harassment of a juror is a class 2 misdemeanor.
C.R.S. § 18-9-201.5 — CO Code / Title 18 / Article 9 / Part 2 / Section 18-9-201.5
18-9-201.5. Scope of part 2
Status: in_force

18-9-201.5. Scope of part 2. (1) Nothing in this part 2 shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of title 35, C.R.S.

(2) In case of any conflict between this part 2 or section 35-43-126, C.R.S., and the wildlife statutes of the state, said wildlife statutes shall control.

(3) Nothing in this part 2 shall affect animal care otherwise authorized by law.

(4) Nothing in this part 2 shall affect facilities licensed under the provisions of the federal "Animal Welfare Act of 1970", 7 U.S.C. sec. 2131 et seq., as amended.
C.R.S. § 18-12-108.7 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-108.7
18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - u
Status: in_force

18-12-108.7. Unlawfully providing or permitting a juvenile to possess a handgun - penalty - unlawfully providing a firearm other than a handgun to a juvenile - penalty. (1) (a) Any person who intentionally, knowingly, or recklessly provides a handgun with or without remuneration to any person under the age of eighteen years in violation of section 18-12-108.5 or any person who knows of such juvenile's conduct which violates section 18-12-108.5 and fails to make reasonable efforts to prevent such violation commits the crime of unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun.

(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (1) is a class 4 felony.

(2) (a) Any person who intentionally, knowingly, or recklessly provides a handgun to a juvenile or permits a juvenile to possess a handgun, even though such person is aware of a substantial risk that such juvenile will use a handgun to commit a felony offense, or who, being aware of such substantial risk, fails to make reasonable efforts to prevent the commission of the offense, commits the crime of unlawfully providing or permitting a juvenile to possess a handgun. A person shall be deemed to have violated this paragraph (a) if such person provides a handgun to or permits the possession of a handgun by any juvenile who has been convicted of a crime of violence, as defined in section 18-1.3-406, or any juvenile who has been adjudicated a juvenile delinquent for an offense which would constitute a crime of violence, as defined in section 18-1.3-406, if such juvenile were an adult.

(b) Unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun in violation of this subsection (2) is a class 4 felony.

(3) With regard to firearms other than handguns, no person shall sell, rent, or transfer ownership or allow unsupervised possession of a firearm with or without remuneration to any juvenile without the consent of the juvenile's parent or legal guardian. Unlawfully providing a firearm other than a handgun to a juvenile in violation of this subsection (3) is a class 1 misdemeanor.

(4) It shall not be an offense under this section if a person believes that a juvenile will physically harm the person if the person attempts to disarm the juvenile or prevent the juvenile from committing a violation of section 18-12-108.5.
C.R.S. § 18-8-612 — CO Code / Title 18 / Article 8 / Part 6 / Section 18-8-612
18-8-612. Failure to obey a juror summons
Status: in_force

18-8-612. Failure to obey a juror summons. (1) A juror commits failure to obey a juror summons if he receives a summons to serve as a trial or grand juror as provided in section 13-71-110, C.R.S., and knowingly fails to obey the summons without justifiable excuse.

(2) Failure to obey a juror summons is a petty offense.
C.R.S. § 18-1-304 — CO Code / Title 18 / Article 1 / Part 3 / Section 18-1-304
18-1-304. Former prosecution not a bar
Status: in_force

18-1-304. Former prosecution not a bar. (1) A former prosecution is not a bar within the meaning of sections 18-1-301 to 18-1-303, if the former prosecution:

(a) Was before a court that lacked jurisdiction over the defendant or the offense; or

(b) Was procured by the defendant without the knowledge of the appropriate prosecuting official and with the intent to avoid the sentence that otherwise might be imposed; or

(c) Resulted in a judgment of conviction that was set aside, reversed, or vacated upon appeal or in any other subsequent judicial proceeding.
C.R.S. § 18-18-602 — CO Code / Title 18 / Article 18 / Part 6 / Section 18-18-602
18-18-602. Continuation of rules - application to existing relationships
Status: repealed

18-18-602. Continuation of rules - application to existing relationships. Any orders and rules adopted under any law affected by this article and in effect on July 1, 1992, and not in conflict with this article continue in effect until modified, superseded, or repealed. Rights and duties that matured, penalties that were incurred, and proceedings that were begun prior to July 1, 1992, are not affected by the enactment of the "Uniform Controlled Substances Act of 2013" or the corresponding repeal of provisions in article 22 of title 12, as they existed prior to July 1, 1992, and part 6 of article 5 of this title.
C.R.S. § 18-5-206 — CO Code / Title 18 / Article 5 / Part 2 / Section 18-5-206
18-5-206. Defrauding a secured creditor or debtor
Status: repealed

18-5-206. Defrauding a secured creditor or debtor. (1) If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest, the person commits:

(a) (Deleted by amendment, L. 2007, p. 1694, § 9, effective July 1, 2007.)

(b) Repealed.

(b.5) (Deleted by amendment, L. 2014.)

(c) A petty offense if the value of the collateral is less than three hundred dollars;

(d) A class 2 misdemeanor if the value of the collateral is three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the value of the collateral is one thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the value of the collateral is two thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the value of the collateral is five thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the value of the collateral is twenty thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the value of the collateral is one hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the value of the collateral is one million dollars or more.

(2) If a creditor, with intent to defraud a debtor, sells, assigns, transfers, conveys, pledges, buys, or encumbers a promissory note or contract signed by the debtor, the creditor commits:

(a) (Deleted by amendment, L. 2007, p. 1694, § 9, effective July 1, 2007.)

(b) Repealed.

(b.5) (Deleted by amendment, L. 2014.)

(c) A petty offense if the amount owing on the note or contract is less than three hundred dollars;

(d) A class 2 misdemeanor if the amount owing on the note or contract is three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the amount owing on the note or contract is one thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the amount owing on the note or contract is two thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the amount owing on the note or contract is five thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the amount owing on the note or contract is twenty thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the amount owing on the note or contract is one hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the amount owing on the note or contract is one million dollars or more.
C.R.S. § 18-3-405 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-405
18-3-405. Sexual assault on a child
Status: in_force

18-3-405. Sexual assault on a child. (1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

(2) Sexual assault on a child is a class 4 felony, but it is a class 3 felony if:

(a) The actor applies force against the victim in order to accomplish or facilitate sexual contact; or

(b) The actor, in order to accomplish or facilitate sexual contact, threatens imminent death, serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor has the present ability to execute the threat; or

(c) The actor, in order to accomplish or facilitate sexual contact, threatens retaliation by causing in the future the death or serious bodily injury, extreme pain, or kidnapping against the victim or another person, and the victim believes that the actor will execute the threat; or

(d) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection (1) of this section. No specific date or time must be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse, whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401 (1)(a), concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5). Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting the pattern of sexual abuse may be commenced and charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.

(3) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraphs (a) to (d) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

(4) A person who is convicted on or after July 1, 2013, of sexual assault on a child under this section, upon conviction, shall be advised by the court that the person has no right:

(a) To notification of the termination of parental rights and no standing to object to the termination of parental rights for a child conceived as a result of the commission of that offense;

(b) To allocation of parental responsibilities, including parenting time and decision-making responsibilities for a child conceived as a result of the commission of that offense;

(c) Of inheritance from a child conceived as a result of the commission of that offense; and

(d) To notification of or the right to object to the adoption of a child conceived as a result of the commission of that offense.
C.R.S. § 18-3-505 — CO Code / Title 18 / Article 3 / Part 5 / Section 18-3-505
18-3-505. Human trafficking council - created - duties - repeal
Status: repealed

18-3-505. Human trafficking council - created - duties - repeal. (1) (a) There is created in the department of public safety the Colorado human trafficking council, referred to within this section as the "council". The purpose of the council is to bring together leadership from community-based and statewide anti-trafficking efforts, to build and enhance collaboration among communities and counties within the state, to establish and improve comprehensive services for victims and survivors of human trafficking, to assist in the successful prosecution of human traffickers, and to help prevent human trafficking in Colorado.

(b) The membership of the council must reflect, to the extent possible, representation of urban and rural areas of the state and a balance of expertise, both governmental and nongovernmental, in issues relating to human trafficking. The council must include members with expertise in child welfare and human services to address the unique needs of child victims, including those child victims who are involved in the child welfare system. The membership of the council consists of the following persons, appointed as follows:

(I) Two representatives from the department of human services, each to be appointed by the executive director of the department of human services;

(II) A representative of the department of law, to be appointed by the attorney general;

(III) A representative of the state department of labor and employment, to be appointed by the executive director of the department of labor and employment;

(IV) A representative of the division of the Colorado state patrol that addresses human smuggling and human trafficking pursuant to section 24-33.5-211, C.R.S., to be appointed by the executive director of the department of public safety;

(V) A representative of a statewide association of police chiefs, to be appointed by the governor or his or her designee;

(VI) A representative of a statewide association of county sheriffs, to be appointed by the governor or his or her designee;

(VII) A representative of a statewide coalition for victims of sexual assault, to be appointed by the governor or his or her designee;

(VIII) A representative of a statewide organization that provides services to crime victims, to be appointed by the governor or his or her designee;

(IX) A representative of a statewide immigrant rights organization, to be appointed by the governor or his or her designee;

(X) A representative of a statewide organization of district attorneys, to be appointed by the governor or his or her designee;

(XI) A representative of a statewide organization of criminal defense attorneys, to be appointed by the governor or his or her designee;

(XII) At least three but not more than five persons, each representing a regional or city-wide human trafficking task force or coalition, each to be appointed by the governor or his or her designee;

(XIII) A representative of a nonprofit organization that facilitates the treatment or housing of human trafficking victims, to be appointed by the governor or his or her designee;

(XIV) A representative of a college or university department that conducts research on human trafficking, to be appointed by the governor or his or her designee;

(XV) A representative of a statewide organization that provides legal advocacy to abused, neglected, and at-risk children, to be appointed by the governor or his or her designee;

(XVI) Two representatives of organizations that provide direct services to victims of human trafficking, to be appointed by the governor or his or her designee;

(XVII) One representative of a faith-based organization that assists victims of human trafficking, to be appointed by the governor or his or her designee;

(XVIII) Two persons, each of whom is a director of a county department of human or social services, one from an urban county and the other from a rural county, each appointed by the governor or his or her designee;

(XIX) One person who provides child welfare services for a county department of human or social services, appointed by the governor or his or her designee;

(XX) Four persons who are former victims of human trafficking, two who are former victims of human trafficking for involuntary servitude and two who are former victims of human trafficking for sexual servitude, each to be appointed by the governor or his or her designee;

(XXI) A representative of a child advocacy center;

(XXII) One person to be appointed by the commissioner of agriculture;

(XXIII) One person representing the judicial branch, to be appointed by the chief justice of the supreme court;

(XXIV) A representative of a statewide coalition for victims of domestic violence, to be appointed by the governor or his or her designee; and

(XXV) One person who is a representative of an organization for victims of labor trafficking or an individual who has extensive professional experience in advocating for victims of labor trafficking, to be appointed by the governor or his or her designee.

(2) The term of a council member expires on December 31 of the year the term is set to expire. The succeeding appointee's term commences on the January 1 following the expiration of the preceding term. The members of the council shall elect presiding officers for the council, including a chair and vice-chair, from among the council members appointed pursuant to subsection (1) of this section, which presiding officers shall serve terms of two years. Council members may reelect a presiding officer.

(3) (a) Except as provided by subsection (3)(b) of this section, each council member must serve at the pleasure of his or her appointing authority for a term of four years. The appointing authority may reappoint the council member for an additional term or terms. Council members must serve without compensation with the exception of the appointed survivor council members who must receive an hourly rate for the time for each council meeting attended, not to exceed eight hours per meeting at the current applicable expert rate as stated in chief justice directive 12-03. All council members may be reimbursed for actual travel expenses incurred in the performance of their duties.

(b) Each council member appointed pursuant to subsections (1)(b)(I) to (1)(b)(IV), (1)(b)(XXII), and (1)(b)(XXIII) of this section after May 20, 2019, must serve at the pleasure of his or her appointing authority for a term of three years. The appointing authority may reappoint the council member for an additional term or terms. Council members must serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties.

(4) The council shall meet at least four times each year and shall carry out the following duties:

(a) On or before January 1, 2016, make recommendations to the judiciary committees of the house of representatives and senate, or any successor committees, concerning:

(I) Repealed.

(II) Whether the general assembly should establish a grant program for organizations that provide services to victims of human trafficking, including consideration of how such a grant program may be funded; and

(III) Whether the general assembly should enact legislation concerning:

(A) The prosecution of or granting of immunity to a child victim of commercial sexual exploitation for offenses related to that exploitation;

(B) The creation of other legal protections, including statutory defenses for child victims of commercial sexual exploitation for offenses related to that exploitation and the creation of any necessary changes to title 19, C.R.S., to implement those legal protections or defenses; or

(C) Standards, guidelines, or mandates regarding the appropriate assessment, placement, and treatment of child victims of commercial sexual exploitation through title 19, C.R.S., including but not limited to the use of locked placement;

(a.5) The recommendations submitted pursuant to paragraph (a) of this subsection (4) must include a full explanation of each recommendation with a discussion of the benefits of each recommendation, any problems that might be encountered, and how those problems, if any, might be mitigated.

(b) On or before January 1, 2017, and on or before January 17 of each year thereafter, submit a report to the judiciary committees of the house of representatives and senate, or any successor committees, summarizing the activities of the council during the preceding year;

(c) Consider and make, as it deems necessary, recommendations to the judiciary committees of the house of representatives and senate, or to any successor committees, concerning any statutory changes that the council deems necessary to facilitate the prosecution and punishment of persons who engage in, and to protect the victims of, human trafficking;

(d) Develop an implementation plan for a public awareness campaign to educate the public about human trafficking and place victims services contact information in places where victims of human trafficking are likely to see it;

(e) Develop training standards and curricula for organizations that provide assistance to victims of human trafficking, for persons who work in or who frequent places where human trafficking victims are likely to appear, and for law enforcement agencies;

(f) Identify best practices for the prevention of all forms of human trafficking, including but not limited to child sex trafficking and involuntary servitude trafficking;

(g) Collect data relating to the prevalence of, and the efforts of law enforcement to combat, human trafficking in Colorado. The council shall annually report the data to the judiciary committees of the house of representatives and senate, or to any successor committees.

(h) Research and pursue funding opportunities for the council;

(i) On or after January 1, 2019, perform a post-enactment review of section 18-7-201.3 and report its findings to the judiciary committees of the senate and house of representatives, or any successor committees.

(5) The department of public safety is authorized to accept and expend gifts, grants, and donations for the purpose of assisting the council in fulfilling its duties pursuant to this section.

(6) This section is repealed, effective September 1, 2031. Before repeal, the department of regulatory agencies shall review the council pursuant to section 2-3-1203.
C.R.S. § 18-9-118 — CO Code / Title 18 / Article 9 / Part 1 / Section 18-9-118
18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportati
Status: in_force

18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation. A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).
C.R.S. § 18-12-507 — CO Code / Title 18 / Article 12 / Part 5 / Section 18-12-507
18-12-507. Appropriation
Status: in_force

18-12-507. Appropriation. The general assembly shall appropriate funds necessary to implement this part 5.
C.R.S. § 18-1.3-1005 — CO Code / Title 18 / Article 1.3 / Part 10 / Section 18-1.3-1005
18-1.3-1005. Parole - intensive supervision program
Status: in_force

18-1.3-1005. Parole - intensive supervision program. (1) The department shall establish an intensive supervision parole program for sex offenders sentenced to incarceration and subsequently released on parole pursuant to this part 10. In addition, the parole board may require a person, as a condition of parole, to participate in the intensive supervision parole program established pursuant to this section if the person is convicted of:

(a) Indecent exposure, as described in section 18-7-302;

(b) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in section 18-1.3-1003 (5)(a), which attempt, conspiracy, or solicitation would constitute a class 5 felony; or

(c) Any of the offenses specified in section 16-22-102 (9)(j), (9)(k), (9)(l), (9)(n), (9)(o), (9)(p), (9)(q), (9)(r), or (9)(s), C.R.S.

(1.5) In addition to the persons specified in subsection (1) of this section, the parole board shall require, as a condition of parole, any person convicted of felony failure to register as a sex offender, as described in section 18-3-412.5, who is sentenced to incarceration and subsequently released on parole, to participate in the intensive supervision parole program established pursuant to this section.

(2) The department shall require that sex offenders and any other persons in the intensive supervision parole program established pursuant to this section receive the highest level of supervision that is provided to parolees. The intensive supervision parole program may include, but is not limited to, severely restricted activities, daily contact between the sex offender or other person and the community parole officer, monitored curfew, home visitation, employment visitation and monitoring, drug and alcohol screening, treatment referrals and monitoring, including physiological monitoring, and payment of restitution. In addition, the intensive supervision parole program shall be designed to minimize the risk to the public to the greatest extent possible.

(3) The executive director of the department shall establish and enforce standards and criteria for administration of the intensive supervision parole program created pursuant to this section.
C.R.S. § 18-9-204 — CO Code / Title 18 / Article 9 / Part 2 / Section 18-9-204
18-9-204. Animal fighting - penalty
Status: in_force

18-9-204. Animal fighting - penalty. (1) (a) No person shall cause, sponsor, arrange, hold, or encourage a fight between animals for the purpose of monetary gain or entertainment.

(b) For the purposes of this section, a person encourages a fight between animals for the purpose of monetary gain or entertainment if he or she:

(I) Is knowingly present at or wagers on such a fight;

(II) Owns, trains, transports, possesses, breeds, sells, transfers, or equips an animal with the intent that such animal will be engaged in such a fight;

(III) Knowingly allows any such fight to occur on any property owned or controlled by him;

(IV) Knowingly allows any animal used for such a fight to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him;

(V) Knowingly uses any means of communication for the purpose of promoting such a fight; or

(VI) Knowingly possesses any animal used for such a fight or any device intended to enhance the animal's fighting ability.

(2) (a) A person who violates the provisions of this section commits a class 5 felony and, in addition to the punishment provided in section 18-1.3-401, the court shall impose upon the person a mandatory fine of at least one thousand dollars.

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

(3) Nothing in this section shall prohibit normal hunting practices as approved by the division of parks and wildlife.

(4) Nothing in this section shall be construed to prohibit the training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
C.R.S. § 18-3-103 — CO Code / Title 18 / Article 3 / Part 1 / Section 18-3-103
18-3-103. Murder in the second degree - definitions
Status: in_force

18-3-103. Murder in the second degree - definitions. (1) A person commits the crime of murder in the second degree if:

(a) The person knowingly causes the death of a person; or

(b) Acting either alone or with one or more persons, he or she commits or attempts to commit felony arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403, as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the felony crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by any participant.

(1.5) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

(a) Was not the only participant in the underlying crime; and

(b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(c) Was not armed with a deadly weapon; and

(d) Did not engage himself or herself in or intend to engage in and had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury.

(2) Diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree.

(2.5) (Deleted by amendment, L. 96, p. 1844, § 12, effective July 1, 1996.)

(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony.

(c) For purposes of determining sudden heat of passion pursuant to subsection (3)(b) 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.

(4) 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.

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

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

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

(c) "Sexual orientation" has the same meaning as in section 18-9-121 (5)(b).
C.R.S. § 18-5-501 — CO Code / Title 18 / Article 5 / Part 5 / Section 18-5-501
18-5-501. Definitions
Status: in_force

18-5-501. Definitions. The definitions set forth in the "Uniform Commercial Code", title 4, C.R.S., shall apply to sections 18-5-502 to 18-5-511.
C.R.S. § 18-18-304 — CO Code / Title 18 / Article 18 / Part 3 / Section 18-18-304
18-18-304. Suspension or revocation of registration
Status: in_force

18-18-304. Suspension or revocation of registration. (1) The board or BHA may suspend or revoke a registration under section 18-18-303 to manufacture, distribute, or dispense a controlled substance upon finding that the registrant has:

(a) Furnished false or fraudulent material information in any application filed under this part 3;

(b) Been convicted of a felony under any state or federal law relating to any controlled substance;

(c) Had the registrant's federal registration suspended or revoked and is no longer authorized by federal law to manufacture, distribute, or dispense controlled substances; or

(d) Committed acts that would render registration under section 18-18-303 inconsistent with the public interest as determined under that section.

(2) The board or BHA may deny, suspend, revoke, or take other authorized disciplinary action to limit the authority of any registrant to prescribe, distribute, dispense, or administer controlled substances, or any classification thereof, within this state if grounds for denial, suspension, or revocation exist. These proceedings must be conducted in accordance with the provisions of article 4 of title 24.

(3) If a registration is suspended or revoked, the board or BHA may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation order becomes final, the court may order the controlled substances forfeited to the state.

(4) The board or BHA may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner contemplated by the registration. The controlled substance must be held for the benefit of the registrant or the registrant's successor in interest. The board or BHA shall notify a registrant, or the registrant's successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The board or BHA may not dispose of any controlled substance seized or placed under seal under this subsection (4) until the expiration of one hundred eighty days after the controlled substance was seized or placed under seal. The costs incurred by the board or BHA in seizing, placing under seal, maintaining custody, and disposing of any controlled substance under this subsection (4) may be recovered from the registrant, any proceeds obtained from the disposition of the controlled substance, or from both. Any balance remaining after the costs have been recovered from the proceeds of any disposition must be delivered to the registrant or the registrant's successor in interest.

(5) The board or BHA shall promptly notify the drug enforcement administration of all orders restricting, suspending, or revoking registration and all forfeitures of controlled substances.
C.R.S. § 18-5-303 — CO Code / Title 18 / Article 5 / Part 3 / Section 18-5-303
18-5-303. Bait advertising
Status: in_force

18-5-303. Bait advertising. (1) A person commits bait advertising if, in any manner, including advertising or any other means of communication, he offers property or services as part of a scheme or plan, with the intent, plan, or purpose not to sell or provide the advertised property or services at all, or not at the price at which he offered them, or not in a quantity sufficient to meet the reasonable expected public demand, unless the quantity is specifically stated in the advertisement.

(2) It shall be an affirmative defense that a television or radio broadcasting station or a publisher or printer of a newspaper, magazine, or other form of printed advertising which broadcasted, published, or printed a false advertisement prohibited by section 18-5-301 (1)(e) or a bait advertisement prohibited by subsection (1) of this section or a telephone company which furnished service to a subscriber did so without knowledge of the advertiser's or subscriber's intent, plan, or purpose.

(3) Bait advertising is a class 2 misdemeanor.
C.R.S. § 18-18-101 — CO Code / Title 18 / Article 18 / Part 1 / Section 18-18-101
18-18-101. Short title
Status: in_force

18-18-101. Short title. This article shall be known and may be cited as the "Uniform Controlled Substances Act of 2013".
C.R.S. § 18-8-204.1 — CO Code / Title 18 / Article 8 / Part 2 / Section 18-8-204.1
18-8-204.1. Possession of contraband in the first degree
Status: repealed

18-8-204.1. Possession of contraband in the first degree. (1) A person being confined in a detention facility commits the crime of possession of contraband in the first degree if the person knowingly obtains or has in the person's possession contraband as listed in section 18-8-203 (1)(a).

(2) Repealed.

(3) Possession of contraband in the first degree involving a dangerous instrument is a class 4 felony.
C.R.S. § 18-18-430.5 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-430.5
18-18-430.5. Drug paraphernalia - exemption
Status: in_force

18-18-430.5. Drug paraphernalia - exemption. (1) A person is exempt from sections 18-18-425 to 18-18-430 if the person is:

(a) Participating as an employee, volunteer, or participant in an approved syringe exchange program created pursuant to section 25-1-520; or

(b) A pharmacist or pharmacy technician who sells nonprescription syringes or needles pursuant to section 12-280-123 (4).

(c) Using equipment, products, or materials in compliance with section 18-18-434, article 170 of title 12, or article 50 of title 44. The manufacture, possession, and distribution of such equipment, products, or materials is authorized within the meaning of 21 U.S.C. 863 sec. (f).
C.R.S. § 18-13-116 — CO Code / Title 18 / Article 13 / Section 18-13-116
18-13-116. Sales tax license
Status: in_force

18-13-116. Sales tax license. (1) Every secondhand dealer shall obtain a sales tax license as provided in section 39-26-103, C.R.S.; except that secondhand dealers and other persons operating at a flea market or similar facility shall not be required to obtain a sales tax license, but they shall be required to collect the sales tax and to remit the proceeds to the operator of the flea market or similar facility, as provided in this section. The operator shall obtain a sales tax license which is applicable to all sales occurring at the flea market or similar facility, shall collect the sales tax from each secondhand dealer operating therein who does not have his own sales tax license, and shall remit such proceeds as provided by law for the remittance of sales taxes.

(2) Any person who violates any of the provisions of subsection (1) of this section commits a petty offense.
C.R.S. § 18-16-103 — CO Code / Title 18 / Article 16 / Section 18-16-103
18-16-103. Purchaser to identify seller
Status: in_force

18-16-103. Purchaser to identify seller. (1) No purchaser shall purchase any valuable article without first securing adequate identification from the seller. The type and kind of identification shall be limited to the following:

(a) A valid Colorado driver's license;

(b) An identification card issued in accordance with section 42-2-302, C.R.S.;

(c) A valid driver's license, containing a picture, issued by another state;

(d) A military identification card;

(e) A valid passport;

(f) An alien registration card; or

(g) A nonpicture identification document issued by a state or federal government entity if the purchaser also obtains a clear imprint of the seller's right index finger.
C.R.S. § 18-1-804 — CO Code / Title 18 / Article 1 / Part 8 / Section 18-1-804
18-1-804. Intoxication
Status: in_force

18-1-804. Intoxication. (1) Intoxication of the accused is not a defense to a criminal charge, except as provided in subsection (3) of this section, but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant when it is relevant to negative the existence of a specific intent if such intent is an element of the crime charged.

(2) Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 18-1-802.

(3) A person is not criminally responsible for his conduct if, by reason of intoxication that is not self-induced at the time he acts, he lacks capacity to conform his conduct to the requirements of the law.

(4) "Intoxication", as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.

(5) "Self-induced intoxication" means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime.
C.R.S. § 18-8-704 — CO Code / Title 18 / Article 8 / Part 7 / Section 18-8-704
18-8-704. Intimidating a witness or victim
Status: in_force

18-8-704. Intimidating a witness or victim. (1) A person commits intimidating a witness or victim if:

(a) By use of a threat, act of harassment as defined in section 18-9-111, or act of harm or injury to any person or property directed to or committed upon:

(I) A witness in any criminal or civil proceeding;

(II) A victim of any crime;

(III) A person he or she believes has been or is to be called or who would have been called to testify as a witness in any criminal or civil proceeding or a victim of any crime;

(IV) A person he or she believes may have information relevant to a criminal investigation;

(V) A member of the witness's family;

(VI) A member of the victim's family;

(VII) A person in close relationship to the witness or victim;

(VIII) A person residing in the same household with the witness or victim;

(IX) A person he or she believes may be able to exert influence upon the witness or victim; or

(X) Any person who has reported a crime or who may be called to testify or who testifies as a witness to or victim of any crime; and

(b) He or she intentionally attempts to or does:

(I) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or

(II) Induce the witness or victim to avoid legal process summoning him or her to testify; or

(III) Induce the witness or victim to absent himself or herself from an official proceeding; or

(IV) Inflict such harm or injury prior to such testimony or expected testimony; or

(V) Influence the witness, victim, or any person with knowledge of relevant information to withhold information from, or provide false information to, law enforcement, a defense attorney, or a defense investigator.

(2) Intimidating a witness or victim is a class 4 felony.
C.R.S. § 18-1.3-410 — CO Code / Title 18 / Article 1.3 / Part 4 / Section 18-1.3-410
18-1.3-410. Fentanyl education and treatment program
Status: in_force

18-1.3-410. Fentanyl education and treatment program. (1) Upon conviction of any offense pursuant to part 4 of article 18 of this title 18 for a material, compound, mixture, or preparation that contains any amount of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), the court shall require a substance abuse assessment pursuant to section 18-1.3-209. The substance abuse assessment must include information regarding the person's history of substance use, specifically the use of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; the person's amenability to treatment; and the level of treatment, if any, necessary to address the person's substance use disorder to be provided during the person's probation or deferred judgment supervision.

(2) If the substance abuse assessment described in subsection (1) of this section recommends community-based treatment, the person shall complete the assessed level of treatment consistent with the provisions of section 18-1.3-209.

(3) (a) If the substance abuse assessment described in subsection (1) of this section recommends as a condition of probation placement in a residential treatment facility for treatment of an addiction that includes fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the court shall order residential treatment as a condition of probation. The residential treatment facility must be approved by the behavioral health administration in the department of human services and designed for treatment of an addiction that includes fentanyl, carfentanil, benzimidazole opiate, or an analog thereof. Placement in a residential program as a condition of probation is limited to the period of time that the placement is clinically necessary. The residential placement costs must be paid from the correctional treatment cash fund, existing pursuant to section 18-19-103 (4), for a person on probation and who is determined by the court to be indigent, is represented by court-appointed counsel, or is otherwise unable to afford the cost of the placement.

(b) Notwithstanding subsection (3)(a) of this section to the contrary, the court may order non-residential treatment as a condition of probation if the court makes findings on the record that a residential treatment facility does not exist, is not accessible for the person within a reasonable period of time, or non-residential treatment is available to address the person's treatment needs.

(4) A person, regardless of whether the person is receiving treatment in a community-based or residential treatment facility pursuant to subsection (2) or (3) of this section, must complete the fentanyl education program developed by the behavioral health administration pursuant to section 27-80-128. The fentanyl education program must include information regarding the nature and addictive elements of synthetic opiates, their dangers to a person's life and health, access to and administration of opioid antagonists and non-laboratory synthetic opiate detection tests, and laws regarding synthetic opiates, including criminal penalties and immunity for reporting an overdose event pursuant to section 18-1-711. The fentanyl education program costs must be paid from the correctional treatment cash fund, existing pursuant to section 18-19-103 (4), for a person on probation and who is determined by the court to be indigent, is represented by court-appointed counsel, or is otherwise unable to afford the cost of placement.
C.R.S. § 18-7-502 — CO Code / Title 18 / Article 7 / Part 5 / Section 18-7-502
18-7-502. Unlawful acts
Status: in_force

18-7-502. Unlawful acts. (1) It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a child:

(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children; or

(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (1), or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children.

(2) It shall be unlawful for any person knowingly to sell to a child an admission ticket or pass, or knowingly to admit a child to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by children not admitted to any such premises.

(3) It shall be unlawful for any child falsely to represent to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure his admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section.

(4) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is the parent or guardian of any juvenile, or that any child is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure any child's admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section.

(5) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment frequented by children or where children are or may be invited as part of the general public:

(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children; or

(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (5), or explicit verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children.

(6) A violation of any provision of this section is a class 2 misdemeanor.
C.R.S. § 18-1.9-105 — CO Code / Title 18 / Article 1.9 / Section 18-1.9-105
18-1.9-105. Task force funding - staff support
Status: in_force

18-1.9-105. Task force funding - staff support. (1) The legislative council staff shall supply staff assistance, within existing appropriations, to the task force as the committee deems appropriate. If existing appropriations are not adequate to supply staff assistance through the legislative council staff, the director of legislative council staff shall request additional necessary funding in its annual budget request.

(2) The division of criminal justice in the department of public safety, the behavioral health administration in the department of human services, and any state department or agency with an active representative on the task force are authorized to receive and expend gifts, grants, and donations, including donations of in-kind services for staff support, from any public or private entity for any direct or indirect costs associated with the duties of the task force.
C.R.S. § 18-22-101 — CO Code / Title 18 / Article 22 / Section 18-22-101
18-22-101. Legislative declaration
Status: in_force

18-22-101. Legislative declaration. The general assembly hereby finds, determines, and declares that the commission of violent crimes by juveniles exacts an unacceptable toll on the fiscal resources of both state and local government and thereby increases the financial burden upon the taxpayers of this state. It is the intent of the general assembly in enacting this article to require, as much as possible, that juveniles convicted as adults of violent crimes pay for the cost of the rehabilitation, education, and treatment of juveniles sentenced to the youthful offender system or committed to the department of human services.
C.R.S. § 18-1.3-912 — CO Code / Title 18 / Article 1.3 / Part 9 / Section 18-1.3-912
18-1.3-912. Findings of fact and conclusions of law
Status: in_force

18-1.3-912. Findings of fact and conclusions of law. (1) After the evidentiary hearing, the court shall, within seven days, make oral or written findings of fact and conclusions of law.

(2) If the court finds beyond a reasonable doubt that the defendant, if at large, constitutes a threat of bodily harm to members of the public, the court shall commit the defendant pursuant to section 18-1.3-904.

(3) If the court does not find as provided in subsection (2) of this section, it shall terminate proceedings under this part 9 and proceed with sentencing as otherwise provided by law.

(4) If the findings and conclusions are oral, they shall be reduced to writing and filed within fourteen days, and the defendant shall not be committed to the custody of the department pursuant to section 18-1.3-904 until the findings and conclusions are filed.
C.R.S. § 18-1.3-103 — CO Code / Title 18 / Article 1.3 / Part 1 / Section 18-1.3-103
18-1.3-103. Deferred sentencing - drug offenders - legislative declaration - demonstration p
Status: repealed

18-1.3-103. Deferred sentencing - drug offenders - legislative declaration - demonstration program - repeal. (Repealed)
C.R.S. § 18-1-505 — CO Code / Title 18 / Article 1 / Part 5 / Section 18-1-505
18-1-505. Consent
Status: in_force

18-1-505. Consent. (1) The consent of the victim to conduct charged to constitute an offense or to the result thereof is not a defense unless the consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(2) When conduct is charged to constitute an offense because it causes or threatens bodily injury, consent to that conduct or to the infliction of that injury is a defense only if the bodily injury consented to or threatened by the conduct consented to is not serious, or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport, or the consent establishes a justification under sections 18-1-701 to 18-1-707.

(3) Unless otherwise provided by this code or by the law defining the offense, assent does not constitute consent if:

(a) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or

(b) It is given by a person who, by reason of immaturity, behavioral or mental health disorder, or intoxication, is manifestly unable and is known or reasonably should be known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

(c) It is given by a person whose consent is sought to be prevented by the law defining the offense; or

(d) It is induced by force, duress, or deception.

(4) Any defense authorized by this section is an affirmative defense.
C.R.S. § 18-20-104 — CO Code / Title 18 / Article 20 / Section 18-20-104
18-20-104. False statement on application - violations of rules or provisions of article 30
Status: in_force

18-20-104. False statement on application - violations of rules or provisions of article 30 of title 44 as felony. Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, or who provides any false or misleading information to the commission or the division, or who fails to keep books and records to substantiate the receipts, expenses, or uses resulting from limited gaming conducted under article 30 of title 44, as prescribed in rules promulgated by the commission, or who falsifies any books or records which relate to any transaction connected with the holding, operating, and conducting of any limited card games or slot machines, or who knowingly violates any of the provisions of article 30 of title 44, or any rule adopted by the commission or any terms of any license granted under said article 30, commits a class 5 felony.
C.R.S. § 18-18-422 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-422
18-18-422. Imitation controlled substances - violations - penalties
Status: in_force

18-18-422. Imitation controlled substances - violations - penalties. (1) (a) Except as provided in section 18-18-424, it is unlawful for a person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

(b) A person who violates the provisions of paragraph (a) of this subsection (1) commits:

(I) A level 4 drug felony.

(II) (Deleted by amendment, L. 2013.)

(2) (a) If an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor, the adult commits a level 3 drug felony.

(b) (Deleted by amendment, L. 2013.)

(3) (a) It is unlawful for a person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in a public place an advertisement or solicitation that the person knows will promote the distribution of imitation controlled substances.

(b) A person who violates the provisions of paragraph (a) of this subsection (3) commits a level 1 drug misdemeanor.

(4) It is not a defense to a violation of this section that the defendant believed that the imitation controlled substance was a genuine controlled substance.
C.R.S. § 18-3-411 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-411
18-3-411. Sex offenses against children - limitation for commencing proceedings - evidence
Status: in_force

18-3-411. Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition. (1) As used in this section, "unlawful sexual offense" means enticement of a child, as described in section 18-3-305; sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the second degree, as described in section 18-3-403 (1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403 (1)(e), as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim; unlawful sexual contact, as described in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault on a child, as described in section 18-3-405; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; aggravated incest, as described in section 18-6-302; human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2); sexual exploitation of a child, as described in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; indecent exposure, as described in section 18-7-302; soliciting for child prostitution, as described in section 18-7-402; pandering of a child, as described in section 18-7-403; procurement of a child, as described in section 18-7-403.5; keeping a place of child prostitution, as described in section 18-7-404; pimping of a child, as described in section 18-7-405; inducement of child prostitution, as described in section 18-7-405.5; patronizing a prostituted child, as described in section 18-7-406; class 4 felony internet luring of a child, as described in section 18-3-306 (3); internet sexual exploitation of a child, as described in section 18-3-405.4; unlawful electronic sexual communication, as described in section 18-3-418; or criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1).

(2) No person shall be prosecuted, tried, or punished for a misdemeanor offense specified in section 18-3-402 or 18-3-404, unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense. The limitation for commencing criminal proceedings and juvenile delinquency proceedings concerning unlawful sexual offenses that are felonies shall be governed by section 16-5-401 (1)(a), C.R.S.

(3) An out-of-court statement made by a child, as "child" is defined under the statutes that are the subject of the action, or a person under fifteen years of age if "child" is undefined under the statutes that are the subject of the action, describing all or part of an offense of unlawful sexual behavior, as defined in section 16-22-102 (9), performed or attempted to be performed with, by, on, or in the presence of the child declarant, and that is not otherwise admissible by a statute or court rule that provides an exception to the hearsay objection, may be admissible pursuant to section 13-25-129 (2).

(4) All cases involving the commission of an unlawful sexual offense shall take precedence before the court; the court shall hear these cases as soon as possible after they are filed.

(5) The statutory privilege between the husband and the wife shall not be available for excluding or refusing testimony in any prosecution of an unlawful sexual offense.

(6) Prosecution for any incident of sexual contact constituting the offense or any incident of sexual contact constituting a pattern offense of sexual abuse pursuant to section 18-3-405 (2)(d) or 18-3-405.3 (2)(b) may be commenced and the offenses charged in an information or indictment in a county where at least one of the incidents occurred or in a county where an act in furtherance of the offense was committed.
C.R.S. § 18-9-114 — CO Code / Title 18 / Article 9 / Part 1 / Section 18-9-114
18-9-114. Hindering transportation
Status: in_force

18-9-114. Hindering transportation. A person commits a petty offense if the person knowingly and without lawful authority forcibly stops and hinders the operation of any vehicle used in providing transportation services of any kind to the public or to any person, association, or corporation.
C.R.S. § 18-1.3-407.5 — CO Code / Title 18 / Article 1.3 / Part 4 / Section 18-1.3-407.5
18-1.3-407.5. Sentences - young adult offenders - youthful offender system - definitions
Status: in_force

18-1.3-407.5. Sentences - young adult offenders - youthful offender system - definitions. (1) (a) A young adult offender may be sentenced to the youthful offender system in the department of corrections in accordance with section 18-1.3-407, in the following circumstances:

(I) The young adult offender is convicted of a felony enumerated as a crime of violence pursuant to section 18-1.3-406;

(II) The young adult offender is convicted of a felony offense described in part 1 of article 12 of this title;

(III) The young adult offender used, or possessed and threatened the use of, a deadly weapon during the commission of a felony offense against a person, as set forth in article 3 of this title;

(IV) The young adult offender is convicted of vehicular homicide, as described in section 18-3-106, vehicular assault, as described in section 18-3-205, or felonious arson, as described in part 1 of article 4 of this title;

(V) The young adult offender is convicted of a felony offense described in section 18-1.3-401 as a class 3 felony, other than the felonies described in section 18-3-402 (1)(d) and section 18-3-403 (1)(e), as it existed prior to July 1, 2000, and has, within the two previous years, been adjudicated a juvenile delinquent for a delinquent act that would constitute a felony if committed by an adult; or

(VI) The young adult offender is convicted of a felony offense and is determined to have been a "repeat juvenile offender", as described in section 19-2.5-1125.

(b) The offenses described in paragraph (a) of this subsection (1) shall include the attempt, conspiracy, or solicitation to commit such offenses.

(2) (a) Notwithstanding the circumstances described in subsection (1) of this section, a young adult offender shall be ineligible for sentencing to the youthful offender system if the young adult offender is convicted of any of the following:

(I) A class 1 or class 2 felony;

(II) A sexual offense described in section 18-6-301, section 18-6-302, or part 4 of article 3 of this title; or

(III) Any offense, if the young adult offender has received a sentence to the youthful offender system for any prior conviction.

(b) Notwithstanding subsection (2)(a) of this section, a young adult offender who is charged with first degree murder as described in section 18-3-102 (1)(b), as it existed prior to September 15, 2021, or murder in the second degree, as described in section 18-3-103 (1)(b), and pleads guilty to a class 2 felony as a result of a plea agreement is eligible for sentencing to the youthful offender system if the young adult offender would be eligible for sentencing to the youthful offender system for a conviction of the felony underlying the charge of first degree murder as described in section 18-3-102 (1)(b), as it existed prior to September 15, 2021, or murder in the second degree, as described in section 18-3-103 (1)(b).

(3) As used in this section, unless the context otherwise requires, a "young adult offender" means a person who is at least eighteen years of age but under twenty years of age at the time the crime is committed and under twenty-one years of age at the time of sentencing pursuant to this section.
C.R.S. § 18-5-108 — CO Code / Title 18 / Article 5 / Part 1 / Section 18-5-108
18-5-108. Merger of offenses
Status: in_force

18-5-108. Merger of offenses. A person may not be convicted of both forgery and criminal possession of a forged instrument with respect to the same written instrument.
C.R.S. § 18-12-112.5 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-112.5
18-12-112.5. Firearms transfers by licensed dealers - sale and purchase - background check re
Status: in_force

18-12-112.5. Firearms transfers by licensed dealers - sale and purchase - background check required - penalty - definitions. (1) (a) It is unlawful for a licensed gun dealer to transfer a firearm to a transferee until the dealer has obtained approval for the firearms transfer from the bureau after the bureau has completed any background check required by state or federal law.

(a.3) A person who is 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.

(a.5) It is unlawful for a person who is less than twenty-one years of age to purchase a firearm. This subsection (1)(a.5) and subsection (1)(a.3) 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) An individual certified by the P.O.S.T. board pursuant to section 16-2.5-102.

(b) Transferring or selling a firearm in violation of this subsection (1) is a class 1 misdemeanor.

(c) Purchasing a firearm in violation of this subsection (1) is a class 2 misdemeanor.

(2) This section does not apply to the sale 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.

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

(a) "Licensed gun dealer" has the same meaning set forth in section 18-12-506.

(b) "Transfer" has the same meaning set forth in section 24-33.5-424.
C.R.S. § 18-1.3-905 — CO Code / Title 18 / Article 1.3 / Part 9 / Section 18-1.3-905
18-1.3-905. Requirements before acceptance of a plea of guilty
Status: in_force

18-1.3-905. Requirements before acceptance of a plea of guilty. Before the district court may accept a plea of guilty from any person charged with a sex offense, the court shall, in addition to any other requirement of law, advise the defendant that he or she may be committed to the custody of the department, including any penal institution under the jurisdiction of the department, as provided in section 18-1.3-904.
C.R.S. § 18-3-406 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-406
18-3-406. Criminality of conduct
Status: repealed

18-3-406. Criminality of conduct. (Repealed)
C.R.S. § 18-15-106 — CO Code / Title 18 / Article 15 / Section 18-15-106
18-15-106. Financing criminal usury
Status: in_force

18-15-106. Financing criminal usury. Any person who knowingly advances money or property, whether as a gift, a loan, or an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the intention of the person to whom the advance is made to use the money or property, directly or indirectly, for the purpose of engaging in criminal usury, commits financing criminal usury, which is a class 6 felony.
C.R.S. § 18-8-503 — CO Code / Title 18 / Article 8 / Part 5 / Section 18-8-503
18-8-503. Perjury in the second degree
Status: in_force

18-8-503. Perjury in the second degree. (1) A person commits perjury in the second degree if, other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.

(2) Perjury in the second degree is a class 2 misdemeanor.
C.R.S. § 18-4-606 — CO Code / Title 18 / Article 4 / Part 6 / Section 18-4-606
18-4-606. Confiscation and disposition of items
Status: in_force

18-4-606. Confiscation and disposition of items. (1) A law enforcement officer shall, upon discovery, confiscate all unlawfully labeled, transferred, or recorded articles possessed for the purposes of selling or distributing in violation of this part 6 and all equipment and components used or intended to be used to knowingly and unlawfully transfer, manufacture, or record articles for the purposes of selling or distributing in violation of this part 6.

(2) Notwithstanding any other provision of law, recorded articles and equipment and components that are confiscated pursuant to subsection (1) of this section are contraband and shall be delivered to the district attorney in the county in which the confiscation was made. Upon conviction of the person, the district attorney may request a court order for destruction of the recorded articles and a court order for distribution of the equipment and components. Upon conviction of the person and motion of the district attorney, the court shall order the recorded articles to be destroyed or otherwise disposed of if the court finds that the person claiming title to the recorded articles possessed the recorded articles for the purposes of selling or distributing in violation of this part 6. The court shall order the equipment and components distributed to a charitable or educational organization if the court finds that the person claiming title to the equipment possessed the equipment to record nonconforming articles for the purposes of selling or distributing in violation of this part 6.
C.R.S. § 18-1.3-502 — CO Code / Title 18 / Article 1.3 / Part 5 / Section 18-1.3-502
18-1.3-502. Duration of sentences for misdemeanors
Status: in_force

18-1.3-502. Duration of sentences for misdemeanors. Courts sentencing a person for the commission of a misdemeanor to the custody of the executive director of the department of corrections shall not fix a minimum term but may fix a maximum term less than the maximum provided by law for the offense. A person so sentenced must be imprisoned, released under parole, and discharged as provided by other applicable statutes. A person sentenced to a correctional facility for the commission of a misdemeanor shall not be subjected to imprisonment for a term exceeding the maximum term provided by the statute fixing the maximum length of the sentence for the crime of which the person was convicted and for which the person was sentenced. A person sentenced to a term of imprisonment for the commission of a misdemeanor is entitled to the same time credits as if the person were sentenced to a term of imprisonment for the commission of a felony. A person committed as a juvenile delinquent shall not be imprisoned for a term exceeding two years, except as otherwise provided for aggravated juvenile offenders in section 19-2.5-1127.
C.R.S. § 18-1.3-104.5 — CO Code / Title 18 / Article 1.3 / Part 1 / Section 18-1.3-104.5
18-1.3-104.5. Alternatives in imposition of sentence in drug felony cases - exhaustion of reme
Status: in_force

18-1.3-104.5. Alternatives in imposition of sentence in drug felony cases - exhaustion of remedies. (1) The general assembly finds that it is essential in certain level 4 drug felony cases that the court consider all sentencing options to ensure that the state's costly prison resources are used for those offenders for whom another sentence is not appropriate or will not properly meet the goals of community safety and rehabilitation of the offender.

(2) (a) Prior to the imposition of any sentence to the department of corrections for a level 4 drug felony offense at sentencing or at resentencing after a revocation of probation or community corrections sentence, the court shall exhaust all reasonable and appropriate alternative sentences for the offense considering all factors outlined in paragraph (b) of this subsection (2).

(b) If the court sentences the defendant to the department of corrections for a level 4 drug felony offense, it must determine that incarceration is the most suitable option given the facts and circumstances of the case, including the defendant's willingness to participate in treatment. Further, the court must also determine that all other reasonable and appropriate sanctions and responses to the violation that are available to the court have been tried and failed, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.

(c) In making the determination in paragraph (b) of this subsection (2), the court shall review, to the extent available, the information provided by the supervising agency, which includes, but is not limited to, a complete statement as to what treatment and sentencing options have been tried and have failed, what other community options are available and the reasons why any other available community options appear to be unlikely to be successful. The supervising agency shall provide to the court the risk level of the offender as determined by an evidence-based risk assessment tool employed by the supervising agency and any other information relevant to the defendant's risk to public safety.
C.R.S. § 18-1.3-1406 — CO Code / Title 18 / Article 1.3 / Part 14 / Section 18-1.3-1406
18-1.3-1406. Persons mentally incompetent to be executed - restoration to competency
Status: in_force

18-1.3-1406. Persons mentally incompetent to be executed - restoration to competency. (1) The court may order a restoration hearing at any time on its own motion, on motion of an attorney for the state, or on motion of the convicted person's attorney. The court shall order a hearing if the executive director of the department of corrections files a report that the convicted person is no longer mentally incompetent to be executed.

(2) At the hearing, if the question is contested, the burden of submitting evidence and the burden of proof by clear and convincing evidence shall be upon the party asserting that the convicted person is mentally competent to be executed.

(3) At the hearing, the court shall determine whether the convicted person is mentally competent to be executed and, if so, shall order that the execution be conducted according to the original warrant issued pursuant to section 18-1.3-1205, if unexpired, or shall issue a new warrant appointing a time for execution of the judgment.
C.R.S. § 18-13-128 — CO Code / Title 18 / Article 13 / Section 18-13-128
18-13-128. Smuggling of humans
Status: repealed

18-13-128. Smuggling of humans. (Repealed)
C.R.S. § 18-4-408 — CO Code / Title 18 / Article 4 / Part 4 / Section 18-4-408
18-4-408. Theft of trade secrets - penalty
Status: in_force

18-4-408. Theft of trade secrets - penalty. (1) Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, steals or discloses to an unauthorized person a trade secret, or, without authority, makes or causes to be made a copy of an article representing a trade secret, commits theft of a trade secret.

(2) As used in this section:

(a) "Article" means any object, material, device, or substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.

(b) "Copy" means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article.

(c) "Representing" means describing, depicting, containing, constituting, reflecting, or recording.

(d) "Trade secret" means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession which is secret and of value. To be a trade secret the owner thereof must have taken measures to prevent the secret from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.

(3) (a) Theft of a trade secret is a class 2 misdemeanor.

(b) Notwithstanding section 16-5-401 (1)(a), C.R.S., any prosecution for violation of this section shall be commenced within three years after discovery of the offense.
C.R.S. § 18-1-417 — CO Code / Title 18 / Article 1 / Part 4 / Section 18-1-417
18-1-417. Ineffective assistance of counsel claims - waiver of confidentiality
Status: in_force

18-1-417. Ineffective assistance of counsel claims - waiver of confidentiality. (1) Notwithstanding any other provision of law, whenever a defendant alleges ineffective assistance of counsel, the defendant automatically waives any confidentiality, including attorney-client and work-product privileges, between counsel and defendant, and between the defendant or counsel and any expert witness retained or appointed in connection with the representation, but only with respect to the information that is related to the defendant's claim of ineffective assistance. After the defendant alleges ineffective assistance of counsel, the allegedly ineffective counsel and an expert witness may discuss with, may disclose any aspect of the representation that is related to the defendant's claim of ineffective assistance to, and may produce documents related to such representation that are related to the defendant's claim of ineffective assistance to the prosecution without the need for an order by the court that confidentiality has been waived.

(2) If the allegedly ineffective counsel or an expert witness has released his or her file or a portion thereof to defendant or defendant's current counsel, defendant or current counsel shall permit the prosecution to inspect and copy any or all portions of the file that are related to the defendant's claim of ineffective assistance upon request of the prosecution.
C.R.S. § 18-4-402 — CO Code / Title 18 / Article 4 / Part 4 / Section 18-4-402
18-4-402. Theft of rental property
Status: repealed

18-4-402. Theft of rental property. (Repealed)
C.R.S. § 18-8-201.1 — CO Code / Title 18 / Article 8 / Part 2 / Section 18-8-201.1
18-8-201.1. Aiding escape from an institution for the care and treatment of persons with beh
Status: in_force

18-8-201.1. Aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders. Any person who knowingly aids the escape of a person who is an inmate of an institution for the care and treatment of persons with behavioral or mental health disorders and who knows the person aided is confined in such institution pursuant to a commitment pursuant to article 8 of title 16 commits the offense of aiding escape from an institution for the care and treatment of persons with behavioral or mental health disorders, which is a class 5 felony.
C.R.S. § 18-4-103 — CO Code / Title 18 / Article 4 / Part 1 / Section 18-4-103
18-4-103. Second degree arson
Status: repealed

18-4-103. Second degree arson. (1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson.

(2) Second degree arson is:

(a) A petty offense if the value of the property is less than three hundred dollars;

(b) A class 2 misdemeanor if the value of the property is three hundred dollars or more but less than one thousand dollars;

(c) A class 1 misdemeanor if the value of the property is one thousand dollars or more but less than two thousand dollars;

(d) A class 6 felony if the value of the property is two thousand dollars or more but less than five thousand dollars;

(e) A class 5 felony if the value of the property is five thousand dollars or more but less than twenty thousand dollars;

(f) A class 4 felony if the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;

(g) A class 3 felony if the value of the property is one hundred thousand dollars or more but less than one million dollars; and

(h) A class 2 felony if the value of the property is one million dollars or more.

(3) Repealed.
C.R.S. § 18-15-108 — CO Code / Title 18 / Article 15 / Section 18-15-108
18-15-108. Possession or concealment of records of criminal usury
Status: in_force

18-15-108. Possession or concealment of records of criminal usury. (1) Any person who possesses or conceals any writing, paper, instrument, or article used to record criminally usurious transactions, and who knows or has reasonable grounds to know that the contents have been used, are being used, or are intended to be used to conduct a criminally usurious transaction, or who possesses or conceals such instruments with intent to aid, assist, or facilitate criminal usury commits possession or concealment of records of criminal usury, which is a class 6 felony.

(2) This section is not applicable to any person who may take possession of any such documents while acting on behalf of another as attorney or in a related capacity with respect to judicial proceedings already commenced.
C.R.S. § 18-1.3-1405 — CO Code / Title 18 / Article 1.3 / Part 14 / Section 18-1.3-1405
18-1.3-1405. Mentally incompetent to be executed - untimely or successive motions
Status: in_force

18-1.3-1405. Mentally incompetent to be executed - untimely or successive motions. (1) A motion raising the issue of whether a convicted person is mentally incompetent to be executed that is filed pursuant to section 18-1.3-1404 fewer than thirty-five days before the scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following:

(a) At least one affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that states the physician's, psychiatrist's, or psychologist's opinion that the convicted person is mentally incompetent to be executed; and

(b) A statement that establishes good cause for the failure to file the motion in a timely manner.

(2) (a) Except as provided in paragraph (b) of this subsection (2), if the court has determined, pursuant to section 18-1.3-1404 or 18-1.3-1406 (3), that a convicted person is not mentally incompetent to be executed, no further consideration of the convicted person's mental incompetence to be executed may be granted by the court.

(b) A successive motion raising the issue of whether a convicted person is mentally incompetent to be executed may be filed only if the successive motion is accompanied by an affidavit from a licensed physician, licensed psychiatrist, or licensed psychologist who has examined the convicted person that shows a substantial change of circumstances since the previous motion was denied or the prior determination of restoration to competency to be executed was made and the showing is sufficient to raise a significant question regarding whether the convicted person is mentally incompetent to be executed.
C.R.S. § 18-1.3-902 — CO Code / Title 18 / Article 1.3 / Part 9 / Section 18-1.3-902
18-1.3-902. Applicability of part
Status: in_force

18-1.3-902. Applicability of part. The provisions of this part 9 shall apply to persons sentenced for offenses committed prior to November 1, 1998.
C.R.S. § 18-7-408 — CO Code / Title 18 / Article 7 / Part 4 / Section 18-7-408
18-7-408. Severability
Status: in_force

18-7-408. Severability. If any provision of this part 4 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this part 4 which may be given effect without the invalid provision or application, and, to this end, the provisions of this part 4 are declared to be severable.
C.R.S. § 18-5-304 — CO Code / Title 18 / Article 5 / Part 3 / Section 18-5-304
18-5-304. False statements as to circulation
Status: in_force

18-5-304. False statements as to circulation. It is a civil infraction for any person engaged in the publication of any newspaper, magazine, periodical, or other advertising medium published in the state of Colorado or for any employee of any such publisher knowingly to make any statement concerning the circulation of the newspaper, magazine, periodical, or other advertising medium which is untrue or misleading where such publisher fixes his charges for advertising space in the publication on the amount of its circulation.
C.R.S. § 18-5-201 — CO Code / Title 18 / Article 5 / Part 2 / Section 18-5-201
18-5-201. Definitions
Status: repealed

18-5-201. Definitions. (Repealed)
C.R.S. § 18-5-802 — CO Code / Title 18 / Article 5 / Part 8 / Section 18-5-802
18-5-802. Equity skimming of real property
Status: repealed

18-5-802. Equity skimming of real property. (1) A person commits the crime of equity skimming of real property if the person knowingly:

(a) Acquires an interest in real property that is encumbered by a loan secured by a mortgage or deed of trust and the loan is in arrears at the time the person acquires the interest or is placed in default within eighteen months after the person acquires the interest; and

(b) Either:

(I) Fails to apply all rent derived from the person's interest in the real property first toward the satisfaction of all outstanding payments due on the loan and second toward any fees due to any association of real property owners that charges such fees for the upkeep of the housing facility, or common area including buildings and grounds thereof, of which the real property is a part before appropriating the remainder of such rent or any part thereof for any other purpose except for the purpose of repairs necessary to prevent waste of the real property; or

(II) After a foreclosure in which title has vested pursuant to section 38-38-501, C.R.S., collects rent on behalf of any person other than the owner of the real property.

(2) Repealed.

(3) Equity skimming of real property is a class 5 felony.

(4) It shall be an affirmative defense to this section:

(a) That all deficiencies in all underlying encumbrances at the time of acquisition have been fully satisfied and brought current and that, in addition, any regular payments on the underlying encumbrances during the succeeding nine months after the date of acquisition have been timely paid in full; except that this shall not be an affirmative defense to a crime that includes the element set forth in subparagraph (II) of paragraph (b) of subsection (1) of this section;

(b) That any fees due to an association of real property owners for the upkeep of the housing facility, or common area including buildings and grounds thereof, of which the real property is a part have been paid in full.

(5) The provisions of this section shall not apply to any bona fide lender who accepts a deed in lieu of foreclosure or who forecloses upon the real property.

(6) The provisions of this section shall not apply to any bona fide purchaser who acquires fee title in any real property without agreeing to pay all underlying encumbrances and takes fee title subject to all underlying encumbrances, if the following written, verbatim warning was provided to the seller in capital letters of no less than ten-point, bold-faced type and acknowledged by the seller's signature:

WARNING: PURCHASER, , WILL NOT ASSUME OR PAY ANY PRESENT MORTGAGE, DEEDS OF TRUST, OR OTHER LIENS OR ENCUMBRANCES AGAINST THE PROPERTY. THE SELLER, , UNDERSTANDS HE/SHE WILL REMAIN RESPONSIBLE FOR ALL PAYMENTS DUE ON SUCH MORTGAGES, DEEDS OF TRUST, OR OTHER LIENS OR ENCUMBRANCES AND FOR ANY DEFICIENCY JUDGMENT UPON FORECLOSURE.

I HAVE HAD THE FOREGOING READ TO ME AND UNDERSTAND THE PURCHASER, , WILL NOT ASSUME ANY PRESENT MORTGAGES, DEEDS OF TRUST, OR OTHER LIENS OR ENCUMBRANCES AGAINST THE PROPERTY DESCRIBED AS .

DATE SELLER .
C.R.S. § 18-7-503 — CO Code / Title 18 / Article 7 / Part 5 / Section 18-7-503
18-7-503. Applicability
Status: in_force

18-7-503. Applicability. (1) Nothing contained in this part 5 shall be construed to apply to:

(a) The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher education;

(b) The exhibition or performance of any play, drama, tableau, or motion picture by any theater, museum, school, or institution of higher education, either supported by public appropriation or which is an accredited institution supported by private funds.
C.R.S. § 18-3-504 — CO Code / Title 18 / Article 3 / Part 5 / Section 18-3-504
18-3-504. Human trafficking for sexual servitude - human trafficking of a minor for sexual
Status: in_force

18-3-504. Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude. (1) (a) A person commits human trafficking for sexual servitude if the person knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the person to engage in commercial sexual activity.

(b) Human trafficking for sexual servitude is a class 3 felony.

(2) (a) A person commits human trafficking of a minor for sexual servitude if the person:

(I) Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity; or

(II) Knowingly advertises, offers to sell, or sells travel services that facilitate an activity prohibited pursuant to subsection (2)(a)(I) of this section.

(b) Human trafficking of a minor for sexual servitude is a class 2 felony. The court shall sentence a person convicted of such a class 2 felony to the department of corrections for a term of at least the minimum of the presumptive range for a class 2 felony, as set forth in section 18-1.3-401.

(c) In any prosecution under this subsection (2), it is not a defense that:

(I) The minor consented to being sold, recruited, harbored, transported, transferred, isolated, enticed, provided, received, obtained, or maintained by the defendant for the purpose of engaging in commercial sexual activity;

(II) The minor consented to participating in commercial sexual activity;

(III) The defendant did not know the minor's age or reasonably believed the minor to be eighteen years of age or older; or

(IV) The minor or another person represented the minor to be eighteen years of age or older.

(2.5) It is an affirmative defense to a charge pursuant to this section if the person being charged, at the time of the offense, was a victim of human trafficking for sexual servitude who was forced or coerced into engaging in human trafficking for sexual servitude pursuant to this section.

(3) A person does not need to receive any of the proceeds of any commercial sexual activity to commit an offense described in this section.

(4) Conviction for an offense described in this section does not preclude conviction for an offense described in article 6 or 7 of this title based in whole or in part on the same or related conduct, and the court shall not require the prosecution to elect at trial between such offenses.
C.R.S. § 18-8-308 — CO Code / Title 18 / Article 8 / Part 3 / Section 18-8-308
18-8-308. Failing to disclose a conflict of interest
Status: in_force

18-8-308. Failing to disclose a conflict of interest. (1) A public servant commits failing to disclose a conflict of interest if he exercises any substantial discretionary function in connection with a government contract, purchase, payment, or other pecuniary transaction without having given seventy-two hours' actual advance written notice to the secretary of state and to the governing body of the government which employs the public servant of the existence of a known potential conflicting interest of the public servant in the transaction with reference to which he is about to act in his official capacity.

(2) A "potential conflicting interest" exists when the public servant is a director, president, general manager, or similar executive officer or owns or controls directly or indirectly a substantial interest in any nongovernmental entity participating in the transaction.

(3) Failing to disclose a conflict of interest is a class 2 misdemeanor.
C.R.S. § 18-10-104 — CO Code / Title 18 / Article 10 / Section 18-10-104
18-10-104. Gambling devices - gambling records - gambling proceeds
Status: in_force

18-10-104. Gambling devices - gambling records - gambling proceeds. (1) Except as provided in subsection (2) of this section, all gambling devices, gambling records, and gambling proceeds are subject to seizure by any peace officer and may be confiscated and destroyed by order of a court acquiring jurisdiction. Gambling proceeds shall be forfeited to the state and shall be transmitted by court order to the general fund of the state.

(2) If a gambling device is a vintage slot machine and is not operated for gambling purposes for profit or for business purposes, it shall not be confiscated or destroyed pursuant to subsection (1) of this section. If a gambling device is confiscated and the owner shows that such gambling device is a vintage slot machine and is not used for gambling purposes, the court acquiring jurisdiction shall order such vintage slot machine returned to the person from whom it was confiscated.
C.R.S. § 18-1.3-213 — CO Code / Title 18 / Article 1.3 / Part 2 / Section 18-1.3-213
18-1.3-213. Sentencing order - collateral relief - definitions
Status: repealed

18-1.3-213. Sentencing order - collateral relief - definitions. (Repealed)
C.R.S. § 18-1.3-1009 — CO Code / Title 18 / Article 1.3 / Part 10 / Section 18-1.3-1009
18-1.3-1009. Criteria for release from incarceration, reduction in supervision, and discharge
Status: in_force

18-1.3-1009. Criteria for release from incarceration, reduction in supervision, and discharge. (1) On or before July 1, 1999, the management board, in collaboration with the department of corrections, the judicial department, and the parole board, shall establish:

(a) The criteria by and the manner in which a sex offender may demonstrate that he or she would not pose an undue threat to the community if released on parole or to a lower level of supervision while on parole or probation or if discharged from parole or probation. The court and the parole board may use the criteria to assist in making decisions concerning release of a sex offender, reduction of the level of supervision for a sex offender, and discharge of a sex offender.

(b) The methods of determining whether a sex offender has successfully progressed in treatment; and

(c) Standards for community entities that provide supervision and treatment specifically designed for sex offenders who have developmental disabilities. At a minimum, the standards shall determine whether an entity would provide adequate support and supervision to minimize any threat that the sex offender may pose to the community.
C.R.S. § 18-1.3-909 — CO Code / Title 18 / Article 1.3 / Part 9 / Section 18-1.3-909
18-1.3-909. Report of probation department
Status: in_force

18-1.3-909. Report of probation department. (1) Upon the commencement of proceedings under this part 9, the court shall order an investigation and report to be made by the probation officer similar to the presentence report provided for in section 16-11-102, C.R.S.

(2) The report shall be filed with the court within seventy-seven days after the commencement of proceedings, and this time may not be enlarged by the court.
C.R.S. § 18-18-412 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-412
18-18-412. Abusing toxic vapors - prohibited
Status: in_force

18-18-412. Abusing toxic vapors - prohibited. (1) No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (1), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (1). This subsection (1) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.

(2) A person who knowingly violates the provisions of subsection (1) of this section commits the offense of abusing toxic vapors. Abusing toxic vapors is a level 2 drug misdemeanor.

(3) For the purposes of this section, the term "toxic vapors" means the following substances or products containing such substances:

(a) Alcohols, including methyl, isopropyl, propyl, or butyl;

(b) Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;

(c) Acetone;

(d) Benzene;

(e) Carbon tetrachloride;

(f) Cyclohexane;

(g) Freons, including freon 11 and freon 12;

(h) Hexane;

(i) Methyl ethyl ketone;

(j) Methyl isobutyl ketone;

(k) Naphtha;

(l) Perchlorethylene;

(m) Toluene;

(n) Trichloroethane; or

(o) Xylene.

(4) In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (3) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof.

(5) A juvenile charged with an offense pursuant to this section is subject to the jurisdiction of the juvenile court pursuant to section 19-2.5-103.
C.R.S. § 18-5-507 — CO Code / Title 18 / Article 5 / Part 5 / Section 18-5-507
18-5-507. False statement in receipt - penalty
Status: in_force

18-5-507. False statement in receipt - penalty. A warehouse, as defined in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a warehouse, that fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, commits a class 2 misdemeanor.
C.R.S. § 18-13-114.5 — CO Code / Title 18 / Article 13 / Section 18-13-114.5
18-13-114.5. Proof of ownership required - penalty - definitions
Status: in_force

18-13-114.5. Proof of ownership required - penalty - definitions. (1) A person who is a secondhand dealer or a dealer and retailer of new goods and who sells goods at a flea market or similar facility shall not sell or offer for sale any of the following property items without proof of ownership:

(a) Baby food of a type usually consumed by children under three years of age;

(b) Cosmetics;

(c) Devices;

(d) Drugs;

(e) Infant formula;

(f) Batteries; or

(g) Razor blades.

(2) A person required to have proof of ownership under subsection (1) of this section shall make such proof of ownership available to any peace officer for inspection at any reasonable time.

(3) For purposes of this section:

(a) "Cosmetic" means an article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering appearance. "Cosmetic" does not include soap.

(b) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component, part, or accessory, that is:

(I) Recognized in the official national formulary or the United States pharmacopoeia, or any supplement to them;

(II) Intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease in humans or animals; or

(III) Intended to affect the structure or any function of the body of humans or animals and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or animals and that is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

(c) "Drug" means:

(I) Any article recognized in an official compendium of drugs;

(II) An article used or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(III) An article, other than food, that is used or intended to affect the structure or any function of the body of humans or animals; or

(IV) An article intended for use as a component of an article specified in subparagraph (I), (II), or (III) of this paragraph (c).

(d) "Infant formula" means a food that purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.

(e) "Proof of ownership" shall include:

(I) The name, address, telephone number, and signature of the seller or the seller's authorized representative;

(II) The name and address of the buyer or consignee if not sold; and

(III) A description and quantity of the product.

(4) A violation of this section is a petty offense.
C.R.S. § 18-5-402 — CO Code / Title 18 / Article 5 / Part 4 / Section 18-5-402
18-5-402. Rigging publicly exhibited contests
Status: in_force

18-5-402. Rigging publicly exhibited contests. (1) A person commits a civil infraction if, with the intent to prevent a publicly exhibited or advertised contest from being conducted in accordance with the rules and usages purporting to govern it, the person:

(a) Confers or offers or agrees to confer any benefit upon, or threatens any detriment to a participant, official, or other person associated with the contest or exhibition; or

(b) Tampers with any person, animal, or thing; or

(c) Knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is prohibited by paragraph (a) of this subsection (1).

(2) A person commits a civil infraction if the person knowingly engages in, sponsors, produces, judges, or otherwise participates in a publicly exhibited or advertised contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct prohibited by this section.
C.R.S. § 18-3-408 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-408
18-3-408. Jury instruction prohibited
Status: in_force

18-3-408. Jury instruction prohibited. In any criminal prosecution under sections 18-3-402 to 18-3-405, or for attempt or conspiracy to commit any crime under sections 18-3-402 to 18-3-405, the jury shall not be instructed to examine with caution the testimony of the victim solely because of the nature of the charge, nor shall the jury be instructed that such a charge is easy to make but difficult to defend against, nor shall any similar instruction be given. However, the jury shall be instructed not to allow gender bias or any kind of prejudice based upon gender to influence the decision of the jury.
C.R.S. § 18-18-607 — CO Code / Title 18 / Article 18 / Part 6 / Section 18-18-607
18-18-607. Safe stations - disposal of controlled substances - medical evaluation - definit
Status: in_force

18-18-607. Safe stations - disposal of controlled substances - medical evaluation - definition. (1) (a) Upon arrival to a safe station, a person may turn in any controlled substances and request assistance in gaining access to treatment for a substance use disorder. Safe station personnel shall utilize current procedures and protocols for the disposal of the controlled substances.

(b) A person who turns in one or more controlled substances pursuant to subsection (1)(a) of this section is not subject to arrest or prosecution for possession of such controlled substances.

(2) Reasonable efforts should be taken by safe station personnel to determine if the person is in need of immediate medical attention and facilitate transportation to an appropriate medical facility, if necessary. If the person does not require immediate medical attention, the safe station personnel shall provide the person with information about the behavioral health crisis response system, created in section 27-60-103, to help identify available treatment options and, if practicable, provide transportation for the person to the most appropriate facility for treatment of a substance use disorder. Information about the crisis hotline must be developed by the BHA and be provided to safe stations for distribution.

(3) This section does not apply if safe station personnel are not available to assist a person who arrives at a safe station for disposal of a controlled substance.

(4) As used in this section, unless the context otherwise requires, a "safe station" means any municipal police station or county sheriff's office.
C.R.S. § 18-5-903 — CO Code / Title 18 / Article 5 / Part 9 / Section 18-5-903
18-5-903. Criminal possession of a financial device
Status: in_force

18-5-903. Criminal possession of a financial device. (1) A person commits criminal possession of a financial device if the person has in his or her possession or under his or her control any financial device that the person knows, or reasonably should know, to be lost, stolen, or delivered under mistake as to the identity or address of the account holder.

(2) (a) Except as provided in subsection (2)(c) of this section, criminal possession of one or more financial devices is a class 2 misdemeanor.

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

(c) Criminal possession of three or more financial devices, of which at least two are issued to different account holders, is a class 5 felony.
C.R.S. § 18-7-201.5 — CO Code / Title 18 / Article 7 / Part 2 / Section 18-7-201.5
18-7-201.5. Acquired immune deficiency syndrome testing for persons convicted of prostitutio
Status: repealed

18-7-201.5. Acquired immune deficiency syndrome testing for persons convicted of prostitution. (Repealed)
C.R.S. § 18-6-801.5 — CO Code / Title 18 / Article 6 / Part 8 / Section 18-6-801.5
18-6-801.5. Domestic violence - evidence of similar transactions
Status: in_force

18-6-801.5. Domestic violence - evidence of similar transactions. (1) The general assembly hereby finds that domestic violence is frequently cyclical in nature, involves patterns of abuse, and can consist of harm with escalating levels of seriousness. The general assembly therefore declares that evidence of similar transactions can be helpful and is necessary in some situations in prosecuting crimes involving domestic violence.

(2) In criminal prosecutions involving domestic violence in which the defendant and the victim named in the information have engaged in an intimate relationship as of the time alleged in the information, evidence of any other acts of domestic violence between the defendant and the victim named in the information, and between the defendant and other persons, constitute other acts or transactions for the purposes of this section, and the court may authorize the admission of evidence as provided in subsection (3) of this section.

(3) The proponent of evidence of other acts or transactions under this section shall advise the trial court by offer of proof of such evidence and shall specify whether the evidence is offered to show a common plan, scheme, design, identity, modus operandi, motive, or guilty knowledge or for some other purpose.

(4) Upon the offer of proof under subsection (3) of this section, the trial court shall determine whether the probative value of the evidence of similar acts or transactions is substantially outweighed by the danger of unfair prejudice to the defendant, confusion of the issues, or misleading of the jury if the evidence is allowed or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

(5) Upon admitting evidence of other acts or transactions into evidence pursuant to this section and again in the general charge to the jury, the trial court shall direct the jury as to the limited purpose for which the evidence is admitted and for which the jury may consider it.
C.R.S. § 18-12-102 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-102
18-12-102. Possessing a dangerous or illegal weapon - affirmative defense - definition
Status: in_force

18-12-102. Possessing a dangerous or illegal weapon - affirmative defense - definition. (1) As used in this section, the term "dangerous weapon" means a firearm silencer, machine gun, machine gun conversion device, short shotgun, or short rifle.

(2) As used in this section, the term "illegal weapon" means a blackjack, gas gun, ballistic knife, or metallic knuckles.

(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony.

(4) A person who knowingly possesses an illegal weapon commits a class 1 misdemeanor.

(5) It shall be an affirmative defense to the charge of possessing a dangerous weapon, or to the charge of possessing an illegal weapon, that the person so accused was a peace officer or member of the armed forces of the United States or Colorado National Guard acting in the lawful discharge of his duties, or that said person has a valid permit and license for possession of such weapon.
C.R.S. § 18-1.3-1012 — CO Code / Title 18 / Article 1.3 / Part 10 / Section 18-1.3-1012
18-1.3-1012. Applicability of part
Status: in_force

18-1.3-1012. Applicability of part. The provisions of this part 10 shall apply to any person who commits a sex offense on or after November 1, 1998.
C.R.S. § 18-5-211 — CO Code / Title 18 / Article 5 / Part 2 / Section 18-5-211
18-5-211. Insurance fraud - definitions
Status: in_force

18-5-211. Insurance fraud - definitions. (1) A person commits insurance fraud if the person does any of the following:

(a) With an intent to defraud presents or causes to be presented in written, verbal, or digital form an application or request for the issuance, modification, or renewal of an insurance policy, which application or request, or documentation in support of such application or request, contains false material information or withholds material information that is requested by the insurer and results in the issuance of an insurance policy or insurance coverage for the applicant or another;

(b) With an intent to defraud presents or causes to be presented any insurance claim, which claim contains false material information or withholds material information;

(c) With an intent to defraud causes or participates, or purports to be involved, in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent insurance claim;

(d) With an intent to defraud presents or causes to be presented an insurance claim where the loss or damage claimed occurred outside of the period of time that coverage was in effect for the applicable contract of insurance or policy unless otherwise permitted under the contract of insurance or policy; or

(e) With an intent to defraud presents or causes to be presented any written, verbal, or digital material or statement as part of, in support of or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the material or statement contains false material information or withholds material information.

(2) A person commits insurance fraud if he or she knowingly moves, diverts, or misappropriates premium funds belonging to an insurer or unearned premium funds belonging to an insured or applicant for insurance from a trust or other account without the authorization of the owner of the funds or other lawful justification.

(3) A person commits insurance fraud if he or she with an intent to defraud makes, alters, presents, or causes to be presented a certificate or other evidence of the existence of insurance in any form that contains false material information or omits material information.

(4) (a) Insurance fraud committed in violation of subsection (1)(a) of this section is a class 2 misdemeanor.

(b) Insurance fraud committed in violation of subsections (1)(b) to (1)(e) or subsection (3) of this section is a class 6 felony.

(c) Insurance fraud committed in violation of subsection (2) of this section is a class 5 felony.

(5) The commissioner of insurance shall revoke the license to conduct business in this state of any licensed insurance producer under article 2 of title 10, C.R.S., who is convicted of any provision under this section.

(6) No provision of this article 5 may be interpreted to supersede, limit, abrogate, or impair the ability of the prosecuting authority to concurrently bring charges for any other state criminal offense that is otherwise applicable in addition to any offenses described by this section.

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

(a) "Claim" means a demand for money, property, or services pursuant to a contract of insurance as well as any documentation in support of such claim whether submitted contemporaneously with the claim or at a different time. A claim and any supporting information may be in written, verbal, or digital form.

(b) "Insurance" has the same meaning as defined in section 10-1-102 (12), C.R.S.

(c) "Insurance producer" has the same meaning as defined in section 10-2-103 (6), C.R.S.

(d) "Insurer" has the same meaning as defined in section 10-1-102 (13), C.R.S.

(e) "Material information" is a statement or assertion directly pertaining to an application for insurance or an insurance claim that a reasonable person making such an assertion knows or should know will affect the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that would directly or indirectly benefit the person making the assertion.
C.R.S. § 18-7-103 — CO Code / Title 18 / Article 7 / Part 1 / Section 18-7-103
18-7-103. Injunctions to restrain the promotion of obscene materials
Status: in_force

18-7-103. Injunctions to restrain the promotion of obscene materials. (1) The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction to enjoin the wholesale promotion, promotion, or display of obscene materials as specified in this section and to issue all necessary and proper restraining orders, injunctions, and writs and processes in connection therewith not inconsistent with this article.

(2) The district attorney of the county in which a person, firm, or corporation wholesale promotes, promotes, or displays, or is about to wholesale promote, promote, or display, or has in his, her, or its possession with intent to wholesale promote, promote, or display, or is about to acquire possession with intent to wholesale promote, promote, or display any obscene material may maintain an action for injunction against such person, firm, or corporation to prevent the wholesale promotion, promotion, or display or further wholesale promotion, promotion, or display of said material described or identified in said suit for injunction.

(3) This article shall not authorize the issuance of temporary restraining orders except where exigent circumstances require the same. In matters of exigent circumstances, the restraining order shall provide that the action must be commenced on the earliest possible date. No temporary restraining order may be issued to restrain the continued exhibitions of a motion picture being shown commercially before the public, notwithstanding the existence of exigent circumstances.

(4) No temporary restraining order or temporary injunction may be issued except after notice to the person, firm, or corporation sought to be enjoined and only after all parties have been offered or afforded an opportunity to be heard. A person, firm, or corporation shall be deemed to have been offered or afforded an opportunity to be heard if notice has been given and he, she, or it fails to appear. At such hearing, evidence shall be presented and witnesses examined.

(5) Before or after the commencement of the hearing on an application for a temporary injunction, the court may, and on motion of the party sought to be restrained shall, order the trial on the action on the merits to be advanced and consolidated with the hearing on the application. Where such hearings are not so consolidated, and a temporary injunction or restraining order is issued, the court shall hold a final hearing and a trial of the issues within one day after joinder of issue, and a decision shall be rendered within two days of the conclusion of the trial. If a final hearing is not held within one day after joinder of issue or a decision not rendered within two days of the conclusion of the trial, the injunction shall be dissolved. No temporary injunction or restraining order shall issue until after a showing of probable cause to believe that the material or display is obscene and a showing of probable success on the merits. Any such temporary injunction or restraining order shall provide that the defendant may not be punished for contempt if the material is found not to be obscene after joinder of issue, final hearing, and trial.

(6) Nothing contained in this article shall prevent the court from issuing a temporary restraining order forbidding the removing, destroying, deleting, splicing, or otherwise altering of any motion picture alleged to be obscene.

(7) Any person, firm, or corporation sought to be permanently enjoined shall be entitled to a full adversary trial of the issues within one day after the joinder of issue, and a decision shall be rendered by the court within two days of the conclusion of the trial. If the defendant in any suit for a permanent injunction filed under the terms of this article shall fail to answer or otherwise join issue within the time required to file his, her, or its answer, the court, on motion of the party applying for the injunction, shall enter a general denial for the defendant and set a date for hearing on the question raised in the suit for injunction within fourteen days following the entry of the general denial entered by the court. The court shall render its decision within two days after the conclusion of the hearing.

(8) In the event that a final order or judgment of injunction is entered against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the sheriff of the county in which the action was brought any of the material described in subsection (2) of this section, and such sheriff shall be directed to seize and destroy the same six months after the entry of the said final order unless criminal proceedings or an indictment is brought before that time, in which event, said material may be used as evidence in such criminal proceeding.

(9) In any action brought as herein provided, the district attorney shall not be required to file any undertaking, bond, or security before the issuance of any injunction order provided for above, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.

(10) Every person, firm, or corporation who wholesale promotes, promotes, displays, or acquires possession with intent to wholesale promote, promote, or display any of the material described in subsection (2) of this section, after the service upon him of a summons and complaint in an action brought pursuant to this article, is chargeable with knowledge of the contents.
C.R.S. § 18-1.3-508 — CO Code / Title 18 / Article 1.3 / Part 5 / Section 18-1.3-508
18-1.3-508. Definite sentence not void
Status: in_force

18-1.3-508. Definite sentence not void. If, through oversight or otherwise, any person is sentenced or committed to the custody of the executive director of the department of corrections for the commission of a misdemeanor for a definite period of time, the sentence or commitment shall not for that reason be void, but the person so sentenced or committed shall be subject to the liabilities and entitled to the benefits which are applicable to those persons who are properly sentenced.
C.R.S. § 18-24-101 — CO Code / Title 18 / Article 24 / Section 18-24-101
18-24-101. Definitions
Status: in_force

18-24-101. Definitions. As used in this article 24, unless the context otherwise requires:

(1) "Convicted" and "conviction" mean a plea of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.

(2) "Crime against a child" means any offense listed in section 18-3-411, or criminal attempt, conspiracy, or solicitation to commit any of those offenses, and any of the following offenses, or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

(a) Incest, in violation of section 18-6-301;

(b) Child abuse, in violation of section 18-6-401;

(c) Contributing to the delinquency of a minor, in violation of section 18-6-701;

(d) Internet luring of a child, in violation of section 18-3-306;

(e) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, when the victim is a child;

(f) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, when the victim is a child;

(g) Human trafficking of a minor for involuntary servitude, in violation of section 18-3-503; or

(h) Human trafficking of a minor for sexual servitude, in violation of section 18-3-504.
C.R.S. § 18-17-104 — CO Code / Title 18 / Article 17 / Section 18-17-104
18-17-104. Prohibited activities
Status: in_force

18-17-104. Prohibited activities. (1) (a) It is unlawful for any person who knowingly has received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds or the proceeds derived from the investment or use thereof in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.

(b) A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection (1) if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern of racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.

(2) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to knowingly acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.

(3) It is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.

(4) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (1), (2), or (3) of this section.
C.R.S. § 18-4-202.1 — CO Code / Title 18 / Article 4 / Part 2 / Section 18-4-202.1
18-4-202.1. Habitual burglary offenders - punishment - legislative declaration
Status: repealed

18-4-202.1. Habitual burglary offenders - punishment - legislative declaration. (Repealed)
C.R.S. § 18-1-805 — CO Code / Title 18 / Article 1 / Part 8 / Section 18-1-805
18-1-805. Responsibility - affirmative defense
Status: in_force

18-1-805. Responsibility - affirmative defense. The issue of responsibility under sections 18-1-801 to 18-1-804 is an affirmative defense.
C.R.S. § 18-7-108 — CO Code / Title 18 / Article 7 / Part 1 / Section 18-7-108
18-7-108. Posting a private image for pecuniary gain - definitions
Status: repealed

18-7-108. Posting a private image for pecuniary gain - definitions. (1) (a) An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if the actor posts or distributes through social media or any website any photograph, video, or other image displaying the real or simulated private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person:

(I) With the intent to obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and

(II) (A) When the actor has not obtained the depicted person's consent; or

(B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private.

(b) Posting a private image for pecuniary gain is a class 1 misdemeanor.

(c) Notwithstanding the provisions of section 18-1.3-501 (1)(a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.

(2) Repealed.

(2.5) It is not a defense to an alleged violation of this section that the image is partially digitally created or altered or that the private intimate parts were digitally created or altered.

(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.

(4) (a) Repealed.

(b) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.

(5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person.

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

(a) "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image.

(b) "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

(c) "Private intimate parts" means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.

(d) "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

(e) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.
C.R.S. § 18-5-904 — CO Code / Title 18 / Article 5 / Part 9 / Section 18-5-904
18-5-904. Gathering identity information by deception
Status: in_force

18-5-904. Gathering identity information by deception. (1) A person commits gathering identity information by deception if he or she knowingly makes or conveys a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal identifying information or financial identifying information of another.

(2) Gathering identity information by deception is a class 5 felony.
C.R.S. § 18-18-411 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-411
18-18-411. Keeping, maintaining, controlling, renting, or making available property for unl
Status: repealed

18-18-411. Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances. (1) It is unlawful for any person knowingly or intentionally to keep, maintain, control, rent, lease, or make available for use any store, shop, warehouse, dwelling, building, vehicle, vessel, aircraft, room, enclosure, or other structure or place, which that person knows is resorted to for the purpose of keeping for distribution, transporting for distribution, or distributing controlled substances in violation of this article.

(2) Except as authorized by this article, it is unlawful for any person to:

(a) Knowingly or intentionally open or maintain any place which that person knows is resorted to for the purpose of unlawfully manufacturing a controlled substance; or

(b) Manage or control any building, room, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, and knowingly or intentionally rent, lease, or make available for use, with or without compensation, the building, room, or enclosure which that person knows is resorted to for the purpose of unlawfully manufacturing a controlled substance.

(3) A person does not violate subsection (2) of this section:

(a) By reason of any act committed by another person while that other person is unlawfully on or in the structure or place, if the person lacked knowledge of the unlawful presence of that other person; or

(b) If the person has notified a law enforcement agency with jurisdiction to make an arrest for the illegal conduct.

(3.5) It is not a violation of this section if a person is acting in compliance with section 18-18-434, article 170 of title 12, or article 50 of title 44.

(4) A person who violates this section commits a level 1 drug misdemeanor.

(5) Repealed.
C.R.S. § 18-5-111 — CO Code / Title 18 / Article 5 / Part 1 / Section 18-5-111
18-5-111. Unlawfully using slugs
Status: in_force

18-5-111. Unlawfully using slugs. (1) A person commits unlawfully using slugs, if:

(a) With intent to defraud the vendor of property or a service sold by means of a coin machine, he knowingly inserts, deposits, or uses a slug in such machine or causes the machine to be operated by any other unauthorized means; or

(b) He makes, possesses, or disposes of a slug or slugs with intent to enable a person to use it or them fraudulently in a coin machine.

(2) "Coin machine" means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or token made for the purpose and, in return for the insertion or deposit thereof, to offer, to provide, to assist in providing, or to permit the acquisition of some property or some public or private service.

(3) "Slug" means any object or article which, by virtue of its size, shape, or any other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill, or token, and of thereby enabling a person to obtain without valid consideration the property or service sold through the machine.

(4) Unlawfully using slugs is a petty offense.
C.R.S. § 18-14-102 — CO Code / Title 18 / Article 14 / Section 18-14-102
18-14-102. Accommodations and rates posted
Status: in_force

18-14-102. Accommodations and rates posted. (1) There shall be displayed at each hotel facility in its office or place of guest registration, in a conspicuous place, a sign which includes, in letters and figures of the same size and prominence, the following information: The number of apartments, rooms, or units in the hotel facility and the rates charged for each; whether the rates quoted are for single or multiple occupancy where such fact affects the rates charged; and the dates during which rates are in effect.

(2) There shall be posted in a plainly legible fashion, in a conspicuous place in, or at, each room, unit, and apartment of every hotel facility, the rates at which such room or apartment is rented. Such posting shall be in the form of a sign showing the maximum amount charged for occupancy and the maximum amount per person if the rate varies with the number of occupants. The sign shall also show the amount charged for extra conveniences, more complete accommodations, or additional furnishings and shall show the dates during the year when such charges prevail.
C.R.S. § 18-3.5-106 — CO Code / Title 18 / Article 3.5 / Section 18-3.5-106
18-3.5-106. Unlawful termination of pregnancy in the fourth degree
Status: in_force

18-3.5-106. Unlawful termination of pregnancy in the fourth degree. (1) A person commits the offense of unlawful termination of pregnancy in the fourth degree if the person recklessly causes the unlawful termination of the pregnancy of a woman at such time as the person knew or reasonably should have known that the woman was pregnant.

(2) (a) Unlawful termination of pregnancy in the fourth degree is a class 6 felony.

(b) Unlawful termination of pregnancy in the fourth degree by any person is a class 5 felony if the pregnancy of the woman, other than a participant in the crime, is unlawfully terminated during the commission or attempted commission of or flight from the commission or attempted commission of murder, assault in the first or second degree, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child, but only to the extent that the person is a principal in the criminal act or attempted criminal act, as described in section 18-1-603.
C.R.S. § 18-12-105.3 — CO Code / Title 18 / Article 12 / Part 1 / Section 18-12-105.3
18-12-105.3. Unlawful carrying of a firearm in government buildings - penalty - definitions -
Status: repealed

18-12-105.3. Unlawful carrying of a firearm in government buildings - penalty - definitions - repeal. (1) A person shall not knowingly carry a firearm, whether loaded or not loaded, in any of the following locations, including their adjacent parking areas:

(a) On the property of or within any building in which:

(I) The chambers, galleries, or offices of the general assembly, or either house thereof, are located;

(II) A legislative hearing or meeting of the general assembly is being conducted; or

(III) The official office of any member, officer, or employee of the general assembly is located;

(b) Unless permitted by a local government, as described in subsection (4)(b) of this section, on the property or within any building in which:

(I) The chambers or galleries of a local government's governing body are located;

(II) A meeting of a local government's governing body is being conducted; or

(III) The official office of any elected member of a local government's governing body or of the chief executive officer of a local government is located; or

(c) A courthouse or any other building or portion of a building used for court proceedings.

(2) This section does not apply to:

(a) A peace officer carrying a firearm pursuant to the authority granted in section 16-2.5-101 (2);

(b) A member of the United States armed forces or Colorado National Guard when engaged in the lawful discharge of the member's official duties;

(c) Security personnel employed or retained by an entity that controls or operates a place described in this section and security personnel described in section 24-33.5-216.7 (5) while engaged in the security personnel's official duties;

(d) Law enforcement personnel, defense counsel personnel, and court personnel carrying or possessing a firearm in the performance of their official duties as part of the lawful and common practices of a legal proceeding; and

(e) A person who holds a valid permit to carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12 who is carrying a concealed handgun in the adjacent parking area of a location listed in subsection (1) of this section.

(2.3) (a) On and before January 4, 2025, subsection (1)(a) of this section does not apply to a member of the general assembly.

(b) This subsection (2.3) is repealed, effective January 5, 2025.

(3) A person commits unlawful carrying of a firearm in a government building if the person violates subsection (1) of this section. Unlawful carrying of a firearm in a government building is a class 1 misdemeanor.

(4) (a) This section does not prohibit a local government from enacting an ordinance, regulation, or other law pursuant to section 18-12-214 or 29-11.7-104 that prohibits a person from carrying a firearm in a specified place.

(b) A local government may enact an ordinance, regulation, or other law that permits a person to carry a firearm at place described in subsection (1)(b) of this section.

(5) Nothing in this section prohibits a person from securely storing a firearm in a vehicle, as required by state law, that is at a location described in this section.

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

(a) "Governing body" has the same meaning set forth in section 29-1-102.

(b) "Local government" means any city, county, city and county, special district, or other political subdivision of this state, or any department, agency, or instrumentality thereof.
C.R.S. § 18-18-412.7 — CO Code / Title 18 / Article 18 / Part 4 / Section 18-18-412.7
18-18-412.7. Sale or distribution of materials to manufacture controlled substances
Status: repealed

18-18-412.7. Sale or distribution of materials to manufacture controlled substances. (1) A person who sells or distributes chemicals, supplies, or equipment, and who knows or reasonably should know or believes that a person intends to use the chemicals, supplies, or equipment to illegally manufacture a controlled substance violates this section.

(1.5) It is not a violation of this section if a person is acting in compliance with section 18-18-434, article 170 of title 12, or article 50 of title 44.

(2) A violation of this section is a level 2 drug felony.

(3) Repealed.
C.R.S. § 18-18.5-105 — CO Code / Title 18 / Article 18.5 / Section 18-18.5-105
18-18.5-105. Cash fund - created
Status: in_force

18-18.5-105. Cash fund - created. (1) (a) All private and public funds received by the task force or the division of criminal justice in the department of public safety, on behalf of the task force, through grants, contributions, and donations pursuant to this article 18.5 shall be transmitted to the state treasurer, who shall credit the same to the substance abuse prevention, intervention, and treatment cash fund, which fund is hereby created and referred to in this section as the "fund". The money in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article 18.5. All money in the fund not expended for the purpose of this article 18.5 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. All unexpended and unencumbered money remaining in the fund as of September 1, 2028, shall be transferred to the general fund.

(b) It is the intent of the general assembly that the task force and the division of criminal justice of the department of public safety, on behalf of the task force, shall not be required to solicit gifts, grants, or donations from any source and that the task force shall operate in accordance with the provisions of this article, independently of the balance in the fund.

(2) Compensation as provided in section 18-18.5-103 (7)(b) for legislative members of the task force shall be approved by the chair of the legislative council and paid by vouchers and warrants drawn as provided by law from moneys appropriated for such purpose and allocated to the legislative council from the fund.
C.R.S. § 18-13-107.3 — CO Code / Title 18 / Article 13 / Section 18-13-107.3
18-13-107.3. Intentional misrepresentation of entitlement to an assistance animal - penalty -
Status: repealed

18-13-107.3. Intentional misrepresentation of entitlement to an assistance animal - penalty - definitions. (1) A person commits intentional misrepresentation of entitlement to an assistance animal if:

(a) The person intentionally misrepresents entitlement to an animal in his or her possession as an assistance animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for an individual with a disability as a reasonable accommodation in housing;

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

(c) The person knows that:

(I) The animal is not an assistance animal with regard to that person; or

(II) The person does not have a disability.

(2) A person who violates subsection (1) of this section commits a civil infraction and, upon conviction, notwithstanding the provisions of 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) A written finding made pursuant to section 12-240-144 (1)(a), 12-245-229 (1)(a), or 12-255-133 (1)(a) is an affirmative defense to the offense established by this section. The lack of such a finding is not proof of the offense established by this section, and nothing in this section or in section 12-240-144, 12-245-229, or 12-255-133 limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

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

(a) "Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended.

(b) "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 and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(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) "State and federal law" includes section 24-34-803, C.R.S., the federal laws specified in paragraph (a) of this subsection (5), and rules and regulations implementing those laws.
C.R.S. § 18-6-803.8 — CO Code / Title 18 / Article 6 / Part 8 / Section 18-6-803.8
18-6-803.8. Foreign protection orders
Status: repealed

18-6-803.8. Foreign protection orders. (Repealed)
C.R.S. § 18-7-104 — CO Code / Title 18 / Article 7 / Part 1 / Section 18-7-104
18-7-104. Applicability of this part 1
Status: repealed

18-7-104. Applicability of this part 1. (Repealed)
C.R.S. § 18-4-604.7 — CO Code / Title 18 / Article 4 / Part 6 / Section 18-4-604.7
18-4-604.7. Trafficking in unlawfully recorded live performance
Status: in_force

18-4-604.7. Trafficking in unlawfully recorded live performance. (1) A person who knows or reasonably should know that an article has been recorded in violation of section 18-4-604.3 and advertises, offers for sale or resale, sells or resells, or distributes the article, or possesses the article for any of the said purposes, commits trafficking in an unlawfully recorded live performance.

(2) Each act of trafficking in an unlawfully recorded live performance is a class 2 misdemeanor.
C.R.S. § 18-6-803.7 — CO Code / Title 18 / Article 6 / Part 8 / Section 18-6-803.7
18-6-803.7. Central registry of protection orders - creation
Status: in_force

18-6-803.7. Central registry of protection orders - creation. (1) As used in this section:

(a) "Bureau" means the Colorado bureau of investigation.

(b) "Protected person" means the person or persons identified in the protection order as the person or persons for whose benefit the protection order was issued.

(b.5) (I) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, that is issued by a court of this state or an authorized municipal court, and that is issued pursuant to:

(A) Article 14 of title 13, section 18-1-1001, section 19-2.5-607, section 19-4-111, or rule 365 of the Colorado rules of county court civil procedure;

(B) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004; or

(C) An order issued as part of the proceedings concerning a criminal municipal ordinance violation.

(II) "Protection order" also includes any restraining order entered prior to July 1, 2003, and any foreign protection order as described in section 13-14-110, C.R.S.

(c) "Registry" means a computerized information system.

(d) "Restrained person" means the person identified in the order as the person prohibited from doing the specified act or acts.

(e) (Deleted by amendment, L. 2003, p. 1007, § 7, effective July 1, 2003.)

(f) "Subsequent order" means an order which amends, modifies, supplements, or supersedes a protection order.

(2) (a) There is hereby created in the bureau a computerized central registry of protection orders which shall be accessible to any state law enforcement agency or to any local law enforcement agency having a terminal which communicates with the bureau. The central registry computers shall communicate with computers operated by the state judicial department.

(b) The clerk of the court issuing the protection order shall enter protection orders and subsequent orders into the registry; except that orders issued pursuant to sections 18-1-1001 and 19-2.5-607 must be entered into the registry only at the discretion of the court or upon motion of the district attorney. The clerk of the court issuing the protection order is responsible for updating the registry electronically in a timely manner to ensure the notice is as complete and accurate as is reasonably possible with regard to the information specified in subsection (3) of this section.

(c) The restrained person's attorney, if present at the time the protection order or subsequent order is issued, shall notify the restrained person of the contents of such order if the restrained person was absent when such order was issued.

(d) Protection orders and subsequent orders shall be placed in the registry not later than twenty-four hours after they have been issued; except that, if the court issuing the protection order or subsequent order specifies that it be placed in the registry immediately, such order shall be placed in the registry immediately.

(e) Upon reaching the expiration date of a protection order or subsequent order, if any, the bureau shall note the termination in the registry.

(f) In the event the protection order or subsequent order does not have a termination date, the clerk of the issuing court shall be responsible for noting the termination of the protection order or subsequent order in the registry.

(3) (a) In addition to any information, notice, or warning required by law, a protection order or subsequent order entered into the registry shall contain the following information, if such information is available:

(I) The name, date of birth, sex, and physical description of the restrained person to the extent known;

(II) The date the order was issued and the effective date of the order if such date is different from the date the order was issued;

(III) The names of the protected persons and their dates of birth;

(IV) If the protection order is one prohibiting the restrained person from entering in, remaining upon, or coming within a specified distance of certain premises, the address of the premises and the distance limitation;

(V) The expiration date of the protection order, if any;

(VI) Whether the restrained person has been served with the protection order and, if so, the date and time of service;

(VII) The amount of bail and any conditions of bond which the court has set in the event the restrained person has violated a protection order; and

(VIII) An indication whether the conditions of the protection order are also conditions of a bail bond for a felony charge.

(b) If available, the protection order or subsequent order shall contain the fingerprint-based state identification number issued by the bureau to the restrained person.
C.R.S. § 18-13-107 — CO Code / Title 18 / Article 13 / Section 18-13-107
18-13-107. Interference with persons with disabilities
Status: repealed

18-13-107. Interference with persons with disabilities. (1) A person shall not falsely impersonate an individual with a disability, as that term is defined in section 24-34-301.

(2) Repealed.

(3) A person shall not knowingly deny an individual with a disability, as defined in section 24-34-301, any right or privilege protected in section 24-34-502, 24-34-502.2, 24-34-601, 24-34-802, or 24-34-803.

(4) Violation of the provisions of this section is a petty offense.
C.R.S. § 18-1-712.5 — CO Code / Title 18 / Article 1 / Part 7 / Section 18-1-712.5
18-1-712.5. Immunity for sex workers and persons who are victims of human trafficking for se
Status: in_force

18-1-712.5. Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition. (1) As used in this section, unless the context otherwise requires, "person" means:

(a) A person who is the victim of an offense set forth in subsection (3) of this section;

(b) A person who is a victim of human trafficking of a minor for sexual servitude pursuant to section 18-3-504; or

(c) A witness to an offense set forth in subsection (3) of this section.

(2) A person is immune from arrest and prosecution for prostitution as described in section 18-7-201, soliciting for prostitution as described in section 18-7-202, and a prostitute making display as described in section 18-7-207, if the person seeks assistance from a law enforcement officer, the 911 system, or a medical provider and if the evidence for the charge of prostitution, soliciting prostitution, or a prostitute making display was obtained as a result of the person seeking assistance, as a result of the need for assistance, or as a result of the reporting of assistance. This subsection (2) also applies to equivalent municipal charges and arrests.

(3) A person who is a victim of one of the following offenses, or a person who witnesses one of the following offenses, qualifies for the immunity from prostitution charges as described in subsection (2) of this section:

(a) Murder in the first degree, as described in section 18-3-102;

(b) Murder in the second degree, as described in section 18-3-103;

(c) Manslaughter, as described in section 18-3-104;

(d) Criminally negligent homicide, as described in section 18-3-105;

(e) Vehicular homicide, as described in section 18-3-106;

(f) Assault in the first degree, as described in section 18-3-202;

(g) Assault in the second degree, as described in section 18-3-203;

(h) Assault in the third degree, as described in section 18-3-204;

(i) Vehicular assault, as described in section 18-3-205;

(j) Menacing, as described in section 18-3-206;

(k) Criminal extortion or aggravated extortion, as described in section 18-3-207;

(l) Reckless endangerment, as described in section 18-3-208;

(m) First degree kidnapping, as described in section 18-3-301;

(n) Second degree kidnapping, as described in section 18-3-302;

(o) False imprisonment, as described in section 18-3-303;

(p) Enticement of a child, as described in section 18-3-305;

(q) Internet luring of a child, as described in section 18-3-306;

(r) Sexual assault, as described in section 18-3-402;

(s) Unlawful sexual contact, as described in section 18-3-404;

(t) Sexual assault on a child, as described in section 18-3-405;

(u) Human trafficking for involuntary servitude or human trafficking of a minor for involuntary servitude, as described in section 18-3-503;

(v) Human trafficking for sexual servitude or human trafficking of a minor for sexual servitude, as described in section 18-3-504; or

(w) Stalking, as described in section 18-3-602.

(4) The immunity described in subsection (2) of this section for the offense of prostitution is not grounds for suppression of evidence in other criminal charges. Nothing in this section prohibits the prosecution of a person for offenses other than those listed in subsection (2) of this section, or to limit the ability of a district attorney or law enforcement officer to obtain or use evidence from a report, recording, or any other statement provided pursuant to subsection (2) of this section to prosecute an offense other than those listed in subsection (2) of this section. Nothing in this section prohibits the provision of immunity pursuant to other sections of law, as applicable, including section 18-1-711.
C.R.S. § 18-1.3-404 — CO Code / Title 18 / Article 1.3 / Part 4 / Section 18-1.3-404
18-1.3-404. Duration of sentences for felonies
Status: in_force

18-1.3-404. Duration of sentences for felonies. (1) Unless otherwise provided by law and except as otherwise provided in the "Colorado Children's Code", title 19, C.R.S., courts sentencing any person for the commission of a felony to the custody of the executive director of the department of corrections shall fix a definite term as provided by section 18-1.3-401. The persons so sentenced shall be imprisoned and discharged as provided by other applicable statutes. No person sentenced to a correctional facility for the commission of a felony shall be subjected to imprisonment for a term exceeding the term provided by the statute fixing the length of the sentence for the crime of which the person was convicted and for which the person was sentenced.

(2) (a) If a court sentences a defendant to the custody of the department of corrections, the court shall, after fixing a definite term of imprisonment, read the following statement:

"The defendant may spend less time incarcerated than the term announced here today. The actual time served will be influenced by a number of factors including, but not limited to, previous criminal activities, eligibility for earned time for good behavior, correctional education program earned time, credit for time served, or community corrections eligibility."

(b) By requiring the court to read the statement contained in paragraph (a) of this subsection (2), the general assembly does not intend to grant any additional rights to the defendant. Failure of a court to comply with the requirements of paragraph (a) of this subsection (2) shall not be grounds for a defendant to withdraw a guilty plea or in any way gain a reversal of a conviction or reduction in sentence.

(2.5) If a court sentences a defendant to the custody of the department of corrections and the defendant was under twenty-one years of age when the offense was committed, the court shall make a statement that there is the possibility of the defendant being eligible to serve a portion of the defendant's sentence in the department of corrections specialized program created pursuant to section 17-34-102.

(3) (a) Nothing in subsection (2) of this section shall be construed to affect the duties otherwise imposed by law on the court or on the executive director of the department of corrections.

(b) Nothing in subsection (2) of this section shall be construed to limit, expand, or otherwise affect any provision of law concerning the availability, administration, entitlement, or award of good time credits and earned time credits.
C.R.S. § 18-20-108 — CO Code / Title 18 / Article 20 / Section 18-20-108
18-20-108. Use of device for calculating probabilities
Status: in_force

18-20-108. Use of device for calculating probabilities. (1) It is unlawful for any person at a licensed gaming establishment to use, or possess with the intent to use, any device to assist:

(a) In projecting the outcome of the game;

(b) In keeping track of the cards played;

(c) In analyzing the probability of the occurrence of an event relating to the game; or

(d) In analyzing the strategy for playing or betting to be used in the game, except as permitted by the Colorado limited gaming control commission.

(2) Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony and any other person violating any provision of this section commits a class 2 misdemeanor.
C.R.S. § 18-8-507 — CO Code / Title 18 / Article 8 / Part 5 / Section 18-8-507
18-8-507. Perjury and false swearing - previous criminal action
Status: in_force

18-8-507. Perjury and false swearing - previous criminal action. No prosecution may be brought under section 18-8-502, 18-8-503, or 18-8-504 if the substance of the defendant's false statement is the entry of a plea of not guilty in a previous criminal action in which he or she was accused of an offense.
C.R.S. § 18-1.3-1002 — CO Code / Title 18 / Article 1.3 / Part 10 / Section 18-1.3-1002
18-1.3-1002. Short title
Status: in_force

18-1.3-1002. Short title. This part 10 shall be known and may be cited as the "Colorado Sex Offender Lifetime Supervision Act of 1998".
C.R.S. § 18-1.3-303 — CO Code / Title 18 / Article 1.3 / Part 3 / Section 18-1.3-303
18-1.3-303. Sentencing order - collateral relief - definitions
Status: repealed

18-1.3-303. Sentencing order - collateral relief - definitions. (Repealed)
C.R.S. § 18-3-412.6 — CO Code / Title 18 / Article 3 / Part 4 / Section 18-3-412.6
18-3-412.6. Failure to verify location as a sex offender
Status: in_force

18-3-412.6. Failure to verify location as a sex offender. (1) A person who is required to register pursuant to article 22 of title 16, C.R.S., and who lacks a fixed residence, as defined in that article, and who fails to comply with the provisions of section 16-22-109 (3.5)(c)(I) or 16-22-109 (3.5)(c)(II), C.R.S., commits the offense of failure to verify location as a sex offender.

(2) (a) In a prosecution for a violation of this section, it is an affirmative defense that:

(I) Uncontrollable circumstances prevented the person from complying; and

(II) The person did not contribute to the creation of the circumstances in reckless disregard of the requirement to comply; and

(III) The person complied as soon as the circumstances ceased to exist.

(b) In order to assert the affirmative defense pursuant to this subsection (2), the defendant shall provide notice to the prosecuting attorney as soon as practicable, but not later than thirty days prior to trial, of his or her notice of intent to rely upon the affirmative defense. The notice shall include a description of the uncontrollable circumstance or circumstances and the dates that the uncontrollable circumstances began and ceased to exist in addition to the names and addresses of any witnesses the defendant plans to call to support the affirmative defense. The prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute the affirmative defense as soon as practicable after their names become known. Upon the request of the prosecution, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute sufficient evidence to support submission to the jury.

(3) Failure to verify location as a sex offender is a class 2 misdemeanor.

(4) Failure to verify location as a sex offender is not a sexual offense subject to the provisions of sections 16-11.7-104 and 16-11.7-105, C.R.S., and, notwithstanding any other provision of law to the contrary, offenders convicted of a violation of this section are not eligible for probation pursuant to part 2 of article 1.3 of this title.
C.R.S. § 18-1-410.7 — CO Code / Title 18 / Article 1 / Part 4 / Section 18-1-410.7
18-1-410.7. Vacating certain criminal convictions for victims of human trafficking
Status: in_force

18-1-410.7. Vacating certain criminal convictions for victims of human trafficking. (1) (a) An individual may file a motion with the court where a conviction was obtained against the individual requesting that the conviction be vacated if the underlying offense resulting in the conviction was committed as a result of the individual being a victim of human trafficking. The individual shall serve a copy of the motion on the district attorney's office or municipal attorney's office that obtained the conviction.

(b) This section applies to all state and municipal convictions for crimes except for crimes defined in section 24-4.1-302 (1).

(c) This section does not apply to a conviction if the individual raised an affirmative defense described in section 18-7-201.3 or 18-3-504 (2.5) at trial and was still convicted after raising the defense.

(d) Official documentation is not required for an individual to seek or be granted relief pursuant to this section, but if the individual provides official documentation from a federal, state, local, or tribal government agency indicating that the individual was a victim of human trafficking at the time of the offense, the documentation creates a rebuttable presumption that the individual was a victim of human trafficking at the time of the offense and is eligible for relief pursuant to this section.

(2) The district attorney's office or municipal attorney's office that obtained the conviction must file a response within thirty-five days from receiving a copy of the motion. If the district attorney's office or municipal attorney's office opposes the motion or the court determines a hearing is necessary, the court shall set the motion for hearing.

(3) (a) If the court determines by clear and convincing evidence that the offense was committed as a result of the individual being a victim of human trafficking at the time of the offense, the court shall vacate the conviction.

(b) A conviction vacated pursuant to subsection (3)(a) of this section is deemed vacated due to a substantive defect in the underlying criminal proceedings.

(4) Nothing in this section prevents the individual from applying for any other relief allowed by law.

(5) (a) If the court issues an order vacating the conviction, the court shall send the order to the Colorado bureau of investigation and the bureau shall remove the conviction from the individual's record.

(b) If the court issues an order vacating the conviction pursuant to this section, the individual may petition to have the other related records sealed pursuant to the procedure in section 24-72-707.
C.R.S. § 18-8-503.5 — CO Code / Title 18 / Article 8 / Part 5 / Section 18-8-503.5
18-8-503.5. Perjury on a motor vehicle registration application
Status: repealed

18-8-503.5. Perjury on a motor vehicle registration application. (Repealed)
C.R.S. § 18-8-105 — CO Code / Title 18 / Article 8 / Part 1 / Section 18-8-105
18-8-105. Accessory to crime
Status: in_force

18-8-105. Accessory to crime. (1) A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person.

(2) "Render assistance" means to:

(a) Harbor or conceal the other; or

(a.5) Harbor or conceal the victim or a witness to the crime; or

(b) Warn such person of impending discovery or apprehension; except that this does not apply to a warning given in an effort to bring such person into compliance with the law; or

(c) Provide such person with money, transportation, weapon, disguise, or other thing to be used in avoiding discovery or apprehension; or

(d) By force, intimidation, or deception, obstruct anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or

(e) Conceal, destroy, or alter any physical or testimonial evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person.

(3) Being an accessory to crime is a class 4 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, and if that crime is designated by this code as a class 1 or class 2 felony.

(4) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted is suspected of or wanted for a crime, and if that crime is designated by this code as a class 1 or class 2 felony.

(5) Being an accessory to crime is a class 5 felony if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a felony other than a class 1 or class 2 felony; except that being an accessory to a class 6 felony is a class 6 felony.

(6) Being an accessory to crime is a petty offense if the offender knows that the person being assisted has committed, or has been convicted of, or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime, and if that crime is designated by this code as a misdemeanor of any class.
C.R.S. § 18-8-610.5 — CO Code / Title 18 / Article 8 / Part 6 / Section 18-8-610.5
18-8-610.5. Tampering with a deceased human body
Status: in_force

18-8-610.5. Tampering with a deceased human body. (1) A person commits tampering with a deceased human body if, believing that an official proceeding is pending, in progress, or about to be instituted and acting without legal right or authority, the person willfully destroys, mutilates, conceals, removes, or alters a human body, part of a human body, or human remains with intent to impair its or their appearance or availability in the official proceedings.

(2) Tampering with a deceased human body is a class 3 felony.

(3) (a) A defendant may not be convicted of both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101 (1), if the act arises out of a single incident.

(b) If a defendant is charged with both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101, the court shall proceed pursuant to section 18-1-408.
C.R.S. § 18-4-504 — CO Code / Title 18 / Article 4 / Part 5 / Section 18-4-504
18-4-504. Third degree criminal trespass
Status: repealed

18-4-504. Third degree criminal trespass. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2) Third degree criminal trespass is a petty offense, but:

(a) Repealed.

(b) It is a class 5 felony if the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon; except that it is a class 6 felony if the agricultural land did not have a fence securing the perimeter.
C.R.S. § 18-18-305 — CO Code / Title 18 / Article 18 / Part 3 / Section 18-18-305
18-18-305. Order to show cause
Status: in_force

18-18-305. Order to show cause. (1) Before denying, suspending, or revoking a registration, or refusing a renewal of registration, the board or BHA shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked, or suspended, or the renewal refused. The order must state its grounds and direct the applicant or registrant to appear before the board or BHA at a specified time and place not less than thirty days after the date of service of the order. In case of a refusal to renew a registration, the order must be served not later than thirty days before the expiration of the registration. These proceedings must be conducted in accordance with section 24-4-105. The proceedings do not preclude any criminal prosecution or other proceeding. A proceeding to refuse to renew a registration does not affect the existing registration, which remains in effect until completion of the proceeding.

(2) The board or BHA may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under section 18-18-304, or where renewal of registration is refused, upon finding that there is an imminent danger to the public health or safety that warrants this action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or BHA or dissolved by a court of competent jurisdiction.
C.R.S. § 18-9-125 — CO Code / Title 18 / Article 9 / Part 1 / Section 18-9-125
18-9-125. Interference with a funeral
Status: in_force

18-9-125. Interference with a funeral. (1) A person commits interference with a funeral if he or she, knowing a funeral is being conducted:

(a) Refuses to leave any private property within one hundred feet of the funeral site upon the request of the owner of the private property or the owner's agent; or

(b) Refuses to leave any public property within one hundred feet of the funeral site upon the request of a public official with authority over the property or upon the request of a peace officer, and the public official or peace officer making the request has reasonable grounds to believe the person has violated a rule or regulation applicable to that property or a statute or local ordinance.

(2) Interference with a funeral is a class 2 misdemeanor. The minimum fine prescribed by section 18-1.3-501 (1) for the offense shall be mandatory and may not be suspended in whole or in part.

(3) Each violation of subsection (1) of this section shall constitute a separate offense for which an offender may be separately convicted and sentenced.

(4) Any person who violates any provision of this section may also be proceeded against for violation of any other provision of law.
C.R.S. § 18-4-418 — CO Code / Title 18 / Article 4 / Part 4 / Section 18-4-418
18-4-418. Fuel piracy
Status: repealed

18-4-418. Fuel piracy. (Repealed)
C.R.S. § 18-9-312 — CO Code / Title 18 / Article 9 / Part 3 / Section 18-9-312
18-9-312. Hostage, endangered person, or armed person in geographical area - telephone, el
Status: in_force

18-9-312. Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications. (1) (a) Notwithstanding the provisions of sections 18-9-302 to 18-9-311, any supervising representative of a law enforcement agency shall have the authority to order a previously designated security employee of a communications or internet access provider to arrange, to the extent the necessary technology is reasonably available to the provider, to cut, reroute, or divert telephone lines or cellular or digital communications signals if the supervising representative has probable cause to believe that:

(I) A person has taken one or more other persons hostage and is holding the hostages in the geographical area in which the supervising representative has jurisdiction; or

(II) A person has barricaded himself or herself in a structure or a motor vehicle within the geographical area in which the supervising representative has jurisdiction and the supervising representative has a reasonable belief that the person is armed with a deadly weapon or explosive device and poses a danger to himself or herself or others.

(b) The supervising representative of a law enforcement agency may order the cutting, rerouting, or diverting of telephone lines or cellular or digital communications signals pursuant to paragraph (a) of this subsection (1) only for the purpose of preventing telephone or other electronic, cellular, or digital communication by the hostage holder or the armed person with any person other than a peace officer or a person authorized by the peace officer. The communications or internet access provider shall restore the normal operations of the telephone lines or cellular or digital communications signals as soon as practicable following resolution of the exigent circumstances.

(1.5) (a) Notwithstanding the provisions of sections 18-9-302 to 18-9-311, any supervising representative of a law enforcement agency may order a previously designated security employee of a wireless telecommunications provider to provide to the law enforcement agency, without requiring the agency to obtain a court order, location information concerning the telecommunications device of a named person if the supervising representative has probable cause to believe that:

(I) An emergency situation exists that involves the risk of death or serious bodily injury to the named person or to another person who is in the named person's company; and

(II) The time required to obtain a search warrant or other court order authorizing the acquisition of the information would increase such risk.

(b) A wireless telecommunications provider may establish protocols by which the provider discloses location information, provided that such protocols shall include keeping a record of:

(I) The name of the supervising representative of a law enforcement agency that requested the location information; and

(II) The time and date when the request was made.

(c) With regard to compliance with the requirements of this subsection (1.5), no cause of action may be brought against any wireless telecommunications provider, its officers, employees, agents, or other specified persons for providing location information in response to a request from a law enforcement agent with actual or apparent authority to act as a supervising representative under this subsection (1.5).

(d) A law enforcement agency that acquires information pursuant to this subsection (1.5) shall not divulge the acquired information to any person other than to another law enforcement agency, or an employee thereof, unless the law enforcement agency has obtained a court order stating that the information was lawfully obtained and authorizing the law enforcement agency to retain the information, as described in subparagraph (I) of paragraph (d) of this subsection (1.5).

(e) (I) Not more than forty-eight hours after ordering a previously designated security employee of a wireless telecommunications provider to provide information as described in paragraph (a) of this subsection (1.5), a law enforcement agency shall request a court order stating whether:

(A) At the time that the supervising representative of a law enforcement agency ordered the previously designated security employee of a wireless telecommunications provider to provide the information, the supervising representative had probable cause to believe that the conditions described in paragraph (a) of this subsection (1.5) existed; and

(B) The law enforcement agency may retain the information for a bona fide investigative purpose.

(II) Unless a court orders that the law enforcement agency may retain the information for a bona fide investigative purpose, as described in sub-subparagraph (B) of subparagraph (I) of this paragraph (e), the law enforcement agency shall destroy the information and not retain any copy of the information for any purpose.

(III) If the court issues an order stating that the supervising representative of the law enforcement agency did not have probable cause to believe that the conditions described in paragraph (a) of this subsection (1.5) existed and that the information was not lawfully obtained, then neither the information nor any other evidence that is obtained as a result of the law enforcement agency's acquisition of the information may be admitted in any subsequent criminal proceeding unless the information or other evidence was also acquired independently in a lawful manner.

(IV) Any ruling by a court that the information obtained may be retained for a bona fide investigative purpose shall not be considered a ruling on the admissibility of the evidence in any criminal proceeding under the constitutional and statutory provisions of the United States or Colorado.

(2) The serving communications or internet access provider within the geographical area of a law enforcement agency shall designate a security official employed by the provider and an alternate to provide all required assistance to law enforcement officials to carry out the purposes of this section.

(3) Good faith reliance on an order by any supervising representative of a law enforcement agency shall constitute a complete defense to any action brought against a communications or internet access provider or any of its employees or agents in connection with actions taken under this section. A communications or internet access provider and its employees or agents shall not be liable in any civil action to any person or entity for injuries, death, or loss to any person or property incurred as a result of any act or omission resulting from, connected with, or incidental to compliance with this section.
C.R.S. § 18-9-314 — CO Code / Title 18 / Article 9 / Part 3 / Section 18-9-314
18-9-314. Interference with lawful distribution of newspapers - definitions
Status: in_force

18-9-314. Interference with lawful distribution of newspapers - definitions. (1) A person commits the offense of interference with lawful distribution of newspapers when that person obtains or exerts unauthorized control over more than five copies of an edition of a newspaper from a newspaper distribution container owned or leased by the newspaper publisher with the intent to prevent other individuals from reading that edition of the newspaper. Control is unauthorized if there is a notice on the newspaper or on the newspaper distribution container that possession of more than five copies with intent to prevent other individuals from reading that edition of the newspaper is illegal.

(2) Interference with lawful distribution of newspapers is a civil infraction and shall be punished by a fine of:

(a) Up to one thousand dollars if the number of newspapers involved was one hundred or fewer or the number of newspapers involved was not determined;

(b) Up to two thousand five hundred dollars if the number of newspapers involved was more than one hundred and fewer than five hundred;

(c) Up to five thousand dollars if the number of newspapers involved was five hundred or more.

(3) As used in this section:

(a) "Edition of a newspaper" means a single press run of a newspaper.

(b) "Newspaper" means a periodical that includes news, editorials, opinion, features, or other matters of public interest distributed on a complimentary basis. "Newspaper" includes any student periodical distributed at any institution of higher education.

(c) "Periodical" means a publication produced on a regular interval.

(4) Notwithstanding any other remedies provided under this section, the newspaper publisher who is the victim of interference with lawful distribution of newspapers, an advertiser who placed an advertisement in the newspaper, or a newspaper reader who regularly reads the newspaper shall have a private civil right of action as provided in section 13-21-123, C.R.S., against the person or persons who acted in violation of subsection (1) of this section.

(5) This section shall not apply to a person who, with the authority or permission of the person who possesses real or personal property, removes or disposes of newspapers that have been deposited in or left on that property without the authority or permission of the person who possesses the real or personal property.
C.R.S. § 18-8-404 — CO Code / Title 18 / Article 8 / Part 4 / Section 18-8-404
18-8-404. First degree official misconduct
Status: in_force

18-8-404. First degree official misconduct. (1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly:

(a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or

(b) Refrains from performing a duty imposed upon him by law; or

(c) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) First degree official misconduct is a class 1 misdemeanor.
C.R.S. § 18-8-508 — CO Code / Title 18 / Article 8 / Part 5 / Section 18-8-508
18-8-508. Perjury - retraction
Status: in_force

18-8-508. Perjury - retraction. No person shall be convicted of perjury in the first degree if he retracted his false statement in the course of the same proceeding in which it was made. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. Retraction is an affirmative defense.
C.R.S. § 18-6-401.1 — CO Code / Title 18 / Article 6 / Part 4 / Section 18-6-401.1
18-6-401.1. Child abuse - limitation for commencing proceedings - evidence - statutory privi
Status: in_force

18-6-401.1. Child abuse - limitation for commencing proceedings - evidence - statutory privilege. (1) For the purposes of this section, "child abuse" means child abuse as defined in section 18-6-401 (1).

(2) No person shall be prosecuted, tried, or punished for an act of child abuse other than the misdemeanor offenses specified in section 18-6-401 (7)(a)(V), (7)(a)(VI), and (7)(b), unless the indictment, information, complaint, or action for the same is found or instituted within ten years after commission of the offense. No person shall be prosecuted, tried, or punished for the misdemeanor offenses specified in section 18-6-401 (7)(a)(V), (7)(a)(VI), and (7)(b), unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense.

(3) An out-of-court statement made by a child, as "child" is defined under the statutes that are the subject of the action, describing any act of child abuse to which the child declarant was subjected or that the child declarant witnessed, and that is not otherwise admissible by a statute or court rule that provides an exception to the hearsay objection, may be admissible pursuant to section 13-25-129 (3).

(4) All cases involving the commission of an act of child abuse shall take precedence before the court; the court shall hear these cases as soon as possible after they are filed.

(5) The statutory privilege between the victim-patient and his physician and between the husband and the wife shall not be available for excluding or refusing testimony in any prosecution of an act of child abuse.
C.R.S. § 18-8-204.2 — CO Code / Title 18 / Article 8 / Part 2 / Section 18-8-204.2
18-8-204.2. Possession of contraband in the second degree
Status: in_force

18-8-204.2. Possession of contraband in the second degree. (1) A person being confined in a detention facility commits the crime of possession of contraband in the second degree if he knowingly obtains or has in his possession contraband as defined in section 18-8-204 (2) unless possession is authorized by rule or regulation promulgated by the administrative head of the detention facility.

(2) (a) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) is a class 6 felony.

(b) Possession of contraband in the second degree that involves contraband described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) is a class 2 misdemeanor.
C.R.S. § 18-13-104 — CO Code / Title 18 / Article 13 / Section 18-13-104
18-13-104. Fighting by agreement - dueling
Status: in_force

18-13-104. Fighting by agreement - dueling. (1) If two or more persons shall fight by agreement in a public place, except in a sporting event authorized by law, the persons so fighting commit a petty offense.

(2) Persons who by agreement engage in a fight with deadly weapons, whether in a public or private place, commit dueling. Dueling is a class 1 misdemeanor.
C.R.S. § 18-1.3-1105 — CO Code / Title 18 / Article 1.3 / Part 11 / Section 18-1.3-1105
18-1.3-1105. Evaluation at insistence of defendant
Status: in_force

18-1.3-1105. Evaluation at insistence of defendant. (1) If the defendant wishes to be evaluated by an expert of the defendant's choice in mental retardation or intellectual and developmental disabilities in connection with the mental retardation or intellectual and developmental disability hearing pursuant to this part 11, the court, upon timely motion, shall order that the evaluator chosen by the defendant be given reasonable opportunity to conduct the evaluation.

(2) Whenever an expert is endorsed as a witness by the defendant, a copy of any report of an evaluation of the defendant shall be furnished to the prosecution within a reasonable time but not less than thirty-five days prior to the mental retardation or intellectual and developmental disability hearing.
C.R.S. § 18-7-801 — CO Code / Title 18 / Article 7 / Part 8 / Section 18-7-801
18-7-801. Criminal invasion of privacy
Status: in_force

18-7-801. Criminal invasion of privacy. (1) A person who knowingly observes or takes a photograph of another person's intimate parts, as defined in section 18-3-401 (2), without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy.

(2) Criminal invasion of privacy is a class 2 misdemeanor.

(3) For the purposes of this section, "photograph" includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.
C.R.S. § 18-3-501 — CO Code / Title 18 / Article 3 / Part 5 / Section 18-3-501
18-3-501. Legislative declaration
Status: in_force

18-3-501. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Human trafficking constitutes a serious problem in Colorado and across the nation;

(b) Human trafficking is abhorrent to a civilized society and deserving of the most diligent response from the state;

(c) Human trafficking often involves minors who have been forced into involuntary servitude and commercial sexual activity;

(d) Human trafficking can take many forms but generally includes the use of physical abuse, threats of harm, or fear of other consequences to prevent victims from reporting the activity; and

(e) Human trafficking creates a cycle of violence, impacting victims, families, and communities.

(2) The general assembly further finds and declares that:

(a) Legislation is required to combat this despicable practice, to make it easier to prosecute and punish persons who engage in human trafficking, and to protect the victims; and

(b) The general assembly supports a comprehensive approach to combating human trafficking, which approach includes prevention, protection, prosecution, and partnerships.

(3) Now, therefore, the general assembly joins the federal government and other states around the nation in passing legislation in order to combat human trafficking and protect the victims.
C.R.S. § 18-7-405 — CO Code / Title 18 / Article 7 / Part 4 / Section 18-7-405
18-7-405. Pimping of a child
Status: in_force

18-7-405. Pimping of a child. Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by a child through prostitution commits pimping of a child, which is a class 3 felony.