CO Code § 35-36-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 36 - Commodities Handlers and Farm Products|Part 1 - Common Provisions|§ 35-36-106. Penalties

  [ ] A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401. A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) or (1)(j) commits theft, as defined in section 18-4-401. A person who violates section 35-36-217 (1)(l) or 35-36-313 (1)(k) commits fraud by check, as defined in section 18-5-205. A person who violates section 35-36-217 (1)(g) to (1)(i) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.    [ ] A person who violates any other provision of this article 36 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.    Civil suits and criminal prosecutions arising by virtue of this article 36 may be commenced and tried either in the county in which the commodities or farm products were received by the commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent, or in the county in which the principal place of business of the commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent is located, or in the county in which the violation of this article 36 occurred. The attorney general or the district attorney for the judicial district in which the violation of this article 36 occurs shall, upon the request of any enforcing officer or other interested person, prosecute the violation.    Editor's note: This version of subsection (1) is effective until March 1, 2022.  (1) [ ] A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401 . A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) or (1)(j) commits theft, as defined in section 18-4-401 . A person who violates section 35-36-217 (1)(l) or 35-36-313 (1)(k) commits fraud by check, as defined in section 18-5-205 . A person who violates section 35-36-217 (1)(g) to (1)(i) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 .  Editor's note: This version of subsection (1) is effective March 1, 2022. Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] A person who violates any other provision of this article 36 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 .  Editor's note: This version of subsection (2) is effective March 1, 2022.  History. Source: L. 2020: Entire article amended with relocations,(HB 20-1213), ch. 160, p. 723, § 2, effective June 29. L. 2021: (1) and (2) amended,(SB 21-271), ch. 462, p. 3279, § 632, effective March 1, 2022.    Editor's note:    This section is similar to former §§ 35-36-124 and 35-37-119 as they existed prior to 2020.    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   Former provisions of this section held to completely ignore Colo. Const. art. II, § 12. Trujillo v. People, 158 Colo. 362 , 407 P.2d 36 (1965) (decided under § 7-5-15 , CRS 53).