reglab/housing_qa huggingface dataset:
CO Code § 18-8-302 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-302. Bribery

  A person commits the crime of bribery, if:   He offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity; or    While a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.       It is no defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason.    Bribery is a class 3 felony.     History. Source: L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-302 .    Cross references:   For bribery of persons other than a public servant, see § 18-5-401 .   ANNOTATION   Legislative intent. The general assembly apparently intended to define bribery as the commission of any one of the following three acts: (1) offering to confer upon a public servant, (2) conferring upon a public servant, or (3) agreeing to confer upon a public servant. Although the statute does not specify the person with whom the agreement must be made to be guilty of the third act, under a strict construction, the agreement must be with the public servant, not a third party, while a defendant may be guilty of the first two acts even if the public official does not agree to be bribed. People v. Bailey, 41 Colo. App. 504, 595 P.2d 252 (1978), rev'd on other grounds, 200 Colo. 549 , 617 P.2d 549 (1980).   The substantive offense of bribery of a judge can be committed by one person. People v. Incerto, 180 Colo. 366 , 505 P.2d 1309 (1973) (decided under former § 40-7-5 , C.R.S. 1963).   Corporation or a corporate body is not included in the definition of “government” in § 18-8-101 . Bailey v. People, 200 Colo. 549 , 617 P.2d 549 (1980).   Definition of term “public servant” is question of law for court. People v. Bailey, 41 Colo. App. 504, 595 P.2d 252 (1978), rev'd on other grounds, 200 Colo. 549 , 617 P.2d 549 (1980).   Employee of the Colorado Springs urban renewal effort is not a “public servant” performing a “governmental function” on behalf of a “government” as defined in § 18-8-101 . Bailey v. People, 200 Colo. 549 , 617 P.2d 549 (1980).
CO Code § 18-8-303 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-303. Compensation for Past Official Behavior

  A person commits a class 6 felony, if he:   Solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having, as a public servant, given a decision, opinion, recommendation, or vote favorable to another or for having otherwise exercised a discretion in his favor, whether or not he has in so doing violated his duty; or    Offers, confers, or agrees to confer compensation, acceptance of which is prohibited by this section.        History. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-303 . L. 89: IP(1) amended, p. 840, § 81, effective July 1.
CO Code § 18-8-304 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-304. Soliciting Unlawful Compensation

 [ ] A public servant commits a class 2 misdemeanor if he requests a pecuniary benefit for the performance of an official action knowing that he was required to perform that action without compensation or at a level of compensation lower than that requested.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-304 . L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3200, § 294, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
CO Code § 18-8-304 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-304. Soliciting Unlawful Compensation

 [ ] A public servant commits a class 1 misdemeanor if the public servant requests a pecuniary benefit for the performance of an official action knowing that the public servant was required to perform that action without compensation or at a level of compensation lower than that requested.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-304 . L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3200, § 294, effective March 1, 2022.
CO Code § 18-8-305 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-305. Trading in Public Office

  A person commits trading in public office if:   He offers, confers, or agrees to confer any pecuniary benefit upon a public servant or party officer upon an agreement or understanding that he or a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office; or    While a public servant or party officer, he solicits, accepts, or agrees to accept any pecuniary benefit from another upon an agreement or understanding that a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office.       It shall be an affirmative defense that the pecuniary benefit was a customary contribution to political campaign funds solicited and received by lawfully constituted political parties.    Trading in public office is a class 1 misdemeanor.     History. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-305 . L. 72: P. 275, § 7. L. 73: P. 539, § 6.    Cross references:   For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .
CO Code § 18-8-306 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-306. Attempt to Influence a Public Servant

 [ ] Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant's decision, vote, opinion, or action concerning any matter which is to be considered or performed by the public servant or the agency or body of which the public servant is a member, commits a class 4 felony. A violation of this section does not include providing false identifying information to law enforcement authorities pursuant to section 18-8-111.5 , and a person who commits the offense of providing false identifying information to law enforcement authorities shall not be convicted for a violation of this section.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-306 . L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3200, § 295, effective March 1, 2022.
CO Code § 18-8-307 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-307. Designation of Supplier Prohibited

  No public servant shall require or direct a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with any government.    Any provision in invitations to bid or any contract documents prohibited by this section are against public policy and void.    It shall be an affirmative defense that the defendant was a public servant acting within the scope of his authority exercising the right to reject any material, subcontractor, service, bond, or contract tendered by a bidder or contractor because it does not meet bona fide specifications or requirements relating to quality, availability, form, experience, or financial responsibility.    Any public servant who violates the provisions of subsection (1) of this section commits a class 6 felony.     History. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-307 . L. 73: P. 539, § 7. L. 89: (4) amended, p. 840, § 82, effective July 1.    Cross references:   For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .   ANNOTATION   It is within the discretion of a public servant to accept or reject any or all bids submitted, once they have been opened and modification did not constitute a designation of supplier to fulfill a government contract, but an exercise of the public servant's discretion in rejecting a particular subcontractor on the basis of experience. Heritage Pools v. Foothills Metro. Recreation and Park Dist., 701 P.2d 1260 (Colo. App. 1985).
CO Code § 18-8-308 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 3 - Bribery and Corrupt Influences|§ 18-8-308. Failing to Disclose a Conflict of Interest

  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.    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.    Failing to disclose a conflict of interest is a class 2 misdemeanor.     History. Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-308 . L. 79: (1) amended, p. 744, § 1, effective July 1.    ANNOTATION   Law reviews. For article, “Director Conflicts: The Effect on Disclosure -- Parts I and II”, see 17 Colo. Law. 461 and 639 (1988). For article, “Conflicts of Interest in Government”, see 18 Colo. Law. 595 (1989).   Section deals with formal, express contracts. Former section prohibiting interest in contract by officer had to do with such contracts as the officer is charged with the duty of making, and with those in the awarding of which he has a voice, or vote, and clearly means formal, express contracts, which are in terms agreed upon, or awarded on bids. People v. Brown, 60 Colo. 276 , 152 P. 1169 (1915) (decided under former R.S. 08, § 4994).
CO Code § 18-8-401 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-401. Definitions

 The definitions contained in sections 18-8-101 and 18-8-301 are applicable to this part 4, unless a different meaning is plainly required.   History. Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-401 .
CO Code § 18-8-402 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-402. Misuse of Official Information

  Any public servant, in contemplation of official action by himself or by a governmental unit with which he is associated or in reliance on information to which he has access in his official capacity and which has not been made public, commits misuse of official information if he:   Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or    Speculates or wagers on the basis of such information or official action; or    Aids, advises, or encourages another to do any of the foregoing with intent to confer on any person a special pecuniary benefit.       Misuse of official information is a class 6 felony.     History. Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-402 . L. 89: (2) amended, p. 840, § 83, effective July 1.    ANNOTATION   Statute as basis for jurisdiction. See People v. Heckers, 37 Colo. App. 166, 543 P.2d 1311 (1975).
CO Code § 18-8-403 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-403. Official Oppression

  A public servant, while acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity, commits official oppression if, with actual knowledge that his conduct is illegal, he:   Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, or lien; or    Has legal authority and jurisdiction of any person legally restrained of his liberty and denies the person restrained the reasonable opportunity to consult in private with a licensed attorney-at-law, if there is no danger of imminent escape and the person in custody expresses a desire to consult with such attorney.       [ ] Official oppression is a class 2 misdemeanor.    Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] Official oppression is a class 1 misdemeanor.  Editor's note: This version of subsection (2) is effective March 1, 2022.  History. Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-403 . L. 2021: (2) amended,(SB 21-271), ch. 462, p. 3200, § 296, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   Cross references:   For the duty of officers to admit an attorney, see § 16-3-404 .
CO Code § 18-8-405 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-405. Second Degree Official Misconduct

  A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:   Refrains from performing a duty imposed upon him by law; or    Violates any statute or lawfully adopted rule or regulation relating to his office.       [ ] Second degree official misconduct is a class 1 petty offense.    Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] Second degree official misconduct is a petty offense.  Editor's note: This version of subsection (2) is effective March 1, 2022.  History. Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-405 . L. 83: (1)(a) amended, p. 710, § 2, effective June 10. L. 2021: (2) amended,(SB 21-271), ch. 462, p. 3200, § 298, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   ANNOTATION   The language “duty imposed upon him by law” is not unconstitutionally vague. People v. Beruman, 638 P.2d 789 (Colo. 1982).   But “clearly inherent” duty language in former provision was constitutionally vague. The language proscribing omissions of duty “clearly inherent in the nature of his office” was unconstitutionally vague. The vagueness present in this statutory language impermissibly infringed the constitutional safeguards of fundamental fairness and due process, and created a danger of arbitrary enforcement. People v. Beruman, 638 P.2d 789 (Colo. 1982).   Criminal responsibility based on legally imposed duty not invalidated. Since this section provides for alternative bases of liability, the first basis of criminal responsibility -- refrains from performing a duty imposed by law -- is not affected by the invalidity of the second basis -- inherent in the nature of the office. People v. Beruman, 638 P.2d 789 (Colo. 1982).   Charge to be based on specific, mandatory duties. A charge of official misconduct must be based upon mandatory legal duties specific to a particular public office, not upon general allegations of duty. People v. Beruman, 638 P.2d 789 (Colo. 1982).   So that accused can prepare defense. An indictment under this section must set out the source of the duty imposed by law which the defendant failed to perform in addition to the specification of the facts alleged to constitute the failure of performance. It is essential that the defendant know what duties are imposed by law which have not been performed in order to allow him to prepare a defense, and further, to enable him to plead the resolution of the charge as a bar to further prosecution for the same offense. People v. Beruman, 638 P.2d 789 (Colo. 1982).   Applied in People ex rel. Losavio v. Gentry, 199 Colo. 153 , 606 P.2d 57 (1980); Colo. Ethics Watch v. Coffman, Indep. Ethics Comm'n 08-01.
CO Code § 18-8-406 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-406. Issuing a False Certificate

 A person commits a class 6 felony, if, being a public servant authorized by law to make and issue official certificates or other official written instruments, he makes and issues such an instrument containing a statement which he knows to be false.   History. Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-406 . L. 89: Entire section amended, p. 840, § 84, effective July 1.    ANNOTATION   The language “authorized by law” is not unconstitutionally vague. People v. Buckallew, 848 P.2d 904 (Colo. 1993).   The statute is not overbroad where defendant has failed to show that it infringes any fundamental freedom, and it is “self-evident” that the statute is reasonably related to the legitimate governmental interest in protecting the public from the issuance of false documents by public officials. People v. Buckallew, 848 P.2d 904 (Colo. 1993).   The county sheriff falls within the ambit of the statute where it is clear that a sheriff cannot fully perform his functions without the implied power to make official certificates. People v. Buckallew, 848 P.2d 904 (Colo. 1993).   Indictment need not set forth the source of county sheriff's authority to issue official certificates as long as the duty to refrain from engaging in the prohibited conduct is clear from the count. The indictment clearly stated defendant sheriff was alleged to have breached the duty not to make and issue false official certificates. People v. Buckallew, 848 P.2d 904 (Colo. 1993).
CO Code § 18-8-408 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-408. Designation of Insurer Prohibited

  No public servant shall, directly or indirectly, require or direct a bidder on any public building or construction contract which is about to be or has been competitively bid to obtain from a particular insurer, agent, or broker any surety bond or contract of insurance required in such bid or contract or required by any law, ordinance, or regulation.    [ ] Any such public servant who violates any of the provisions of subsection (1) of this section commits a class 1 petty offense.    Any provisions in invitations to bid or in any contract documents prohibited by this section are declared void as against the public policy of this state.    Nothing in this section shall be construed to prevent any such public servant acting on behalf of the government from exercising the right to approve or reject a surety bond or contract of insurance as to its form or sufficiency or the lack of financial capability of an insurer selected by a bidder.    This section shall apply only to contracts entered into on or after July 1, 1977.    Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] Any such public servant who violates any of the provisions of subsection (1) of this section commits a civil infraction.  Editor's note: This version of subsection (2) is effective March 1, 2022.  History. Source: L. 77: Entire section added, p. 989, § 1, effective May 26. L. 2021: (2) amended,(SB 21-271), ch. 462, p. 3200, § 299, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
CO Code § 18-8-409 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-409. Violation of Rules and Regulations of Judicial Nominating Commissions Not Subject to Criminal Prosecution

 A person who violates a rule or regulation promulgated by any judicial nominating commission shall not be subject to criminal prosecution.   History. Source: L. 87: Entire section added, p. 673, § 1, effective May 16.
CO Code § 18-8-410 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 8 - Offenses - Governmental Operations|Part 4 - Abuse of Public Office|§ 18-8-410. Abuse of Public Trust by an Educator - Definitions

  Any educator who knowingly subjects a student to any sexual intrusion or sexual penetration commits abuse of public trust by an educator if the student is at least eighteen years of age and the educator is more than four years older than the student and is not the student's spouse.    Abuse of public trust by an educator is a class 1 misdemeanor.    Consent by the student to the sexual intrusion or sexual penetration does not constitute a defense to the offense.    As used in this section, unless the context otherwise requires:   “Consent” has the same meaning as set forth in section 18-3-401 (1.5).      “Educator” means a person employed at the same school the student attends at the time of the sexual contact and who: (b) (I) “Educator” means a person employed at the same school the student attends at the time of the sexual contact and who:   Instructs students at that school;    Administers, directs, or supervises the educational instruction program or a portion thereof;    Provides health or educational support services directly to students of the school; or    Coaches students of the school.       “Educator” does not include another student at the school where the educator is employed.       “School” means any institution that instructs persons in any of grades preschool through twelve but does not include any postsecondary school.    “Sexual intrusion” has the same meaning as set forth in section 18-3-401 (5).    “Sexual penetration” has the same meaning as set forth in section 18-3-401 (6).    “Student” means any person enrolled in a school where the educator is employed at the time of the incident, but does not include another student.       Schools shall advise all educators of the prohibitions in this section.      History. Source: L. 2021: Entire section added,(SB 21-017), ch. 417, p. 2775, § 5, effective July 2.    Editor's note:    Section 7 of chapter 417 (SB 21-017), Session Laws of Colorado 2021, provides that the act adding this section takes effect only if SB 21-271 becomes law. SB 21-271 became law and takes effect March 1, 2022.    Section 7(2) of chapter 417 (SB 21-017), Session Laws of Colorado 2021, provides that the act adding this section applies to offenses committed on or after July 2, 2021.