CO Code § 18-5-504 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 5 - Offenses Involving Fraud|Part 5 - Offenses Relating to the Uniform Commercial Code|§ 18-5-504. Concealment or Removal of Secured Property

 [ ] If a person who has given a security interest in personal property, as security interest is defined in section 4-1-201 (b)(35), C.R.S., or other person with actual knowledge of the security interest, during the existence of the security interest, knowingly conceals or removes the encumbered property from the state of Colorado without written consent of the secured creditor, the person commits a class 5 felony where the value of the property concealed or removed is one thousand dollars or more. Where the value of the property concealed or removed is less than one thousand dollars, the person commits a class 1 misdemeanor.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 71: R&RE, p. 445, § 1. C.R.S. 1963: § 40-5-504 . L. 77: Entire section amended, p. 964, § 34, effective July 1. L. 89: Entire section amended, p. 836, § 63, effective July 1. L. 98: Entire section amended, p. 797, § 9, effective July 1. L. 2006: Entire section amended, p. 503, § 46, effective September 1. L. 2007: Entire section amended, p. 1695, § 11, effective July 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3187, § 247, 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 legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 384, Session Laws of Colorado 2007.   ANNOTATION   This section applies to any valid security interest, perfected or not. People v. Armijo, 197 Colo. 91 , 589 P.2d 935 (1979).   This section is designed to protect the ability of a secured creditor to look to the particular security underlying a debt in the event of default. Removal and concealment of security is conduct which impairs that ability and is thus violative of this section. People v. O'Cana, 725 P.2d 1139 (Colo. 1986).   This section provides ample notice to the populace of the prohibited conduct and a sufficiently precise standard for those charged with its enforcement to satisfy constitutional standards of specificity and to withstand a void for vagueness challenge. People v. O'Cana, 725 P.2d 1139 (Colo. 1986).   No affirmative conduct by any third party is necessary to complete the offense defined in this section. Even though a secured party who is the victim of the conduct proscribed by this section may elect not to report such conduct to prosecuting officials does not alter the fact that the offense is completed by the accused's conduct. People v. O'Cana, 725 P.2d 1139 (Colo. 1986).   The offense of removing secured property established by this section requires proof that the defendant knew of the existence of the security interest, knew that he was removing the secured property from Colorado without first having obtained the creditor's written consent to such removal, and knew that such removal would impair the creditor's security interest. People v. O'Cana, 725 P.2d 1139 (Colo. 1986).   Leaving the state with a vehicle in which a former client has a security interest was found to be a violation of this section in an attorney disciplinary proceeding and was a basis for disbarment. People v. Odom, 941 P.2d 919 (Colo. 1997).