CO Code § 18-17-105 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 17 - Colorado Organized Crime Control Act|§ 18-17-105. Criminal Penalties

  Any person convicted of engaging in activity in violation of the provisions of section 18-17-104 commits a class 2 felony and, upon conviction thereof, shall, in addition to the penalty provided for in section 18-1.3-401:   Be fined not more than twenty-five thousand dollars; and    Forfeit to the state any interest, including proceeds, he has acquired or maintained in violation of section 18-17-104 and any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which has established, operated, controlled, conducted, or participated in the conduct of in violation of section 18-17-104.       In lieu of the fine authorized by paragraph   of subsection (1) of this section, any person convicted of engaging in conduct in violation of the provisions of section 18-17-104, through which he derived pecuniary value, or by which he caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.       The court shall hold a hearing to determine the amount of the fine authorized by subsection (2) of this section.    For the purposes of subsection (2) of this section, “pecuniary value” means:   Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or    Any other property or service that has a value in excess of one hundred dollars.       In any action brought under this section, the district court may, at any time, enter such injunctions, prohibitions, or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under this section, as the court may deem proper.    Upon conviction of a person under this section, the district court shall authorize the district attorney or the attorney general to seize all property or other interest declared forfeited under this section upon such terms and conditions as the court shall deem proper. The state shall dispose of all property or other interest seized under this section as soon as feasible, making due provision for the rights of innocent persons. If a property right or other interest is not exercisable or transferable for value by the state, it shall expire and shall not revert to the convicted person. The disposition of seized property shall be as follows:   Any personal property which is required by law to be destroyed, or the possession of which is illegal, or which, in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal property, issued by the district court, directed to the sheriff, and returned by the sheriff upon execution thereof. The district court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.    Any personal property seized and forfeited under the provisions of this section shall be sold by the sheriff in the manner provided for sales on execution. In lieu of ordering the sale of such property, the court may, if it finds that it can be used by a law enforcement agency, order it delivered to a law enforcement agency for such use.    As to any real property, the district court shall enter a permanent order of abatement. The order of abatement shall direct the sheriff to sell such building or place and the ground upon which it is situated, to the extent of the interest, direct or indirect, of such person convicted under this section, at public sale in the manner provided for sales of property upon execution.    The proceeds realized from such sales shall be applied as follows:   To the fees and costs of sale;    All costs and expenses of investigation and prosecution, including, but not limited to, costs of resources and manpower incurred in investigation and prosecution;    The balance, if any, to the general fund of the state.           History. Source: L. 81: Entire article added, p. 1018, § 1, effective July 1. L. 87: IP(6) and (6)(c) amended, p. 645, § 25, effective July 1. L. 2002: IP(1) amended, p. 1518, § 211, effective October 1.    Cross references:   For the legislative declaration contained in the 2002 act amending the introductory portion to subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Law reviews. For article, “State and Federal Forfeiture of Property Used in Criminal Activity”, see 11 Colo. Law. 2597 (1982).   No violation of equal protection because the Colorado Organized Crime Control Act (COCCA) punishes defendant with a class 2 felony when the two underlying predicate crimes are misdemeanors. The additional requirement that the offense be conducted as a part of an enterprise satisfies the related legislative purpose of deterring organized crime. People v. McGlotten, 166 P.3d 182 (Colo. App. 2007).   No double jeopardy. Separate convictions for a violation of the Colorado Organized Crime Control Act (COCCA) and underlying predicate offenses, which convictions were based upon the same activity, do not constitute double jeopardy. People v. Hoover, 165 P.3d 784 (Colo. App. 2006).   The general assembly intended the provisions of COCCA to deter specific criminal activities using the threat of multiple or cumulative sentences to be imposed in conjunction with other punishments. People v. Hoover, 165 P.3d 784 (Colo. App. 2006).