reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 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.
Amended by 2021 Ch. 462, § 367, eff. 3/1/2022.
L. 83: Entire section added, p. 717, § 1, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3216, § 367, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-117 - Record of sales

(1)
(a)
Every secondhand dealer or any person who is a dealer of new goods who is a retailer and sells such goods at a flea market or similar facility or any nonpermanent location shall keep and preserve suitable records of sales made by him or her and such other books or accounts as may be necessary to determine the amount of tax for the collection of which he or she is liable under part 1 of article
26
of title
39
. It is the duty of every such person to keep and preserve for a period of three years all invoices of goods and merchandise purchased for resale, including a store credit, gift card, or merchandise card, and all such books, invoices, and other records shall be open for examination at any time by the executive director of the department of revenue, his or her duly authorized agent, or any peace officer.
(b)
Every secondhand dealer or any person who is a dealer of new goods who is a retailer and sells such goods at a flea market or similar facility or any nonpermanent location shall record the purchase of a store credit, gift card, or merchandise card for resale in a register, as described in section
18-16-105
, that is accessible to law enforcement.
(2)
(a)
Any person who violates any of the provisions of subsection (1)(a) of this section commits a petty offense.
(b)
Any person who violates the provisions of subsection (1)(b) of this section commits a petty offense if the value of the store credit, gift card, or merchandise card is thirty dollars or greater or if the value of store credits, gift cards, or merchandise cards purchased in one transaction is thirty dollars or greater. Any other violation of the provisions of subsection (1)(b) of this section is a petty offense.
Amended by 2021 Ch. 462, § 368, eff. 3/1/2022.
Amended by 2019 Ch. 87, § 1, eff. 8/2/2019.
L. 83: Entire section added, p. 717, § 1, effective July 1. L. 2019: Entire section amended, (SB 19 -014), ch. 322, p. 322, § 1, effective August 2. L. 2021: (2) amended, (SB 21-271), ch. 3216, p. 3216, § 368, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-118 - Regulation of secondhand dealers

Any city, municipality, city and county, or county may enact ordinances or resolutions regulating secondhand dealers, including license requirements and assessment of fees to cover costs of administration and enforcement of such regulation; however, such ordinances may not be less stringent than the provisions of sections
18-13-114
to
18-13-117
.
L. 83: Entire section added, p. 718, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-120 - Use, transportation, and storage of drip gasoline

(1)
As used in this section, "drip gasoline" means a combustible hydrocarbon liquid formed as a product of condensation from either associated or nonassociated natural or casing-head gas which remains a liquid at the existing atmospheric temperature and pressure.
(2)
Every person, other than a producer, refiner, pipeline company, or owner or operator of a natural gas processing plant or their authorized agents, who transports or stores drip gasoline in this state shall have in his possession a written instrument issued and signed by a licensed seller of gasoline, stating the names and addresses of the seller and purchaser, the date of sale, and the amount sold and paid for such drip gasoline, or a copy of a contract authorizing the loading and transportation of the drip gasoline.
(3)
The use of drip gasoline in a motor vehicle operated on the highways of this state is prohibited.
(4)
Any person who violates subsection (2) or (3) of this section commits a petty offense.
Amended by 2021 Ch. 462, § 371, eff. 3/1/2022.
L. 86: Entire section added, p. 787, § 1, effective April 18. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3216, § 371, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-123 - Unlawful administration of gamma hydroxybutyrate (GHB)

(1) and (2)
(Deleted by amendment, L. 2001, p. 858, § 4, effective July 1, 2001.)
(3)
Except as otherwise provided in subsection (4) of this section, it shall be unlawful for any person to knowingly cause or attempt to cause any other person to unknowingly consume or receive the direct administration of gamma hydroxybutyrate (GHB) or ketamine or the immediate chemical precursors or chemical analogs for either of such substances.
(4)
(a)
It shall not be a violation of this section if gamma hydroxybutyrate (GHB) or ketamine is distributed or dispensed for bona fide medical needs by or under the direction of a person licensed or authorized by law to prescribe, administer, or dispense such substances.
(b)
It is not a violation of this section if ketamine is distributed or dispensed by or under the direction of a person authorized as described in subsection (4)(a) of this section for use by an animal shelter, as defined in section
35-80-102
, that is duly registered with the secretary of state and has been in existence and in business for at least five years in this state as a nonprofit corporation or by an animal control agency that is operated by a unit of government to control animals and to euthanize injured, sick, homeless, or unwanted pets or animals if the animal shelter or animal control agency is registered pursuant to section
12-280-119(12)
.
(5)
Violation of subsection (3) of this section is a class 3 felony.
Amended by 2023 Ch. 298,§ 52, eff. 10/1/2023.
Amended by 2022 Ch. 442, § 26, eff. 8/10/2022.
Amended by 2019 Ch. 136, § 100, eff. 10/1/2019.
L. 99: Entire section added, p. 1093, § 2, effective July 1. L. 2000:(1), (2), and (4) amended, p. 697, § 15, effective July 1. L. 2001:Entire section amended, p. 858, § 4, effective July 1. L. 2004:(4) amended, p. 799, § 2, effective July 1. L. 2012:(4)(b) amended,(HB 12-1311), ch. 281, p. 1620, § 49, effective July 1. L. 2019:(4)(b) amended,(HB 19-1172), ch. 136, p. 1677, § 100, effective October 1. L. 2022:(4)(b) amended,(HB 22-1235), ch. 442, p. 3119, § 26, effective August 10. L. 2023:(5) amended,(HB 23-1293), ch. 298, p. 1794, § 52, effective October 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-124 - Dissemination of false information to obtain hospital admittance or care

(1)
Any person commits the offense of dissemination of false information to obtain hospital admittance or care where such person knowingly provides false identifying information for the purpose of either obtaining admittance to, or health services from, a hospital or evading an obligation by the person to make payment to the hospital for services provided at the person's request. For purposes of this section, "identifying information" includes, without limitation, a name, address, or telephone number, or health coverage information.
(2)
Any person who commits the offense of dissemination of false information to obtain hospital admittance or care commits a petty offense and, upon conviction thereof, shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462, § 373, eff. 3/1/2022.
L. 2002: Entire section added, p. 1809, § 1, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3217, § 373, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-127 - [Repealed]

L. 2006: Entire section added, p. 1307, § 1, effective May 30. L. 2009: (2) amended, (HB 09-1123), ch. 306, p. 1652, §2, effective May 21. L. 2010: Entire section repealed, (SB 10-140), ch. 156, p. 540, §13, effective April 21.
This section was relocated to §
18-3-501
in 2010.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-128 - [Repealed]

Repealed by 2023 Ch. 298,§ 53, eff. 10/1/2023.
L. 2006: Entire section added, p. 1301, § 1, effective May 30.
In Fuentes-Espinoza v. People, 2 017 CO 98 , 408 P.3d 445 , the Colorado Supreme Court held that the federal Immigration and Nationality Act,
8 U.S.C. §§1101
to
1537
, preempts this section under the doctrines of both field and conflict preemption.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-129 - [Repealed]

L. 2006, 1st Ex. Sess.: Entire section added, p. 15, § 1, effective July 31. L. 2009: (1) amended, (HB 09-1123), ch. 306, p. 1652, §3, effective May 21. L. 2010: Entire section repealed, (SB 10-140), ch. 156, p. 540, §13, effective April 21.
This section was relocated to §
18-3-503
in 2010.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-131 - Misuse of gametes - definitions

(1)
A health care provider commits misuse of gametes if the health care provider knowingly treats or assists in the treatment of a patient through assisted reproduction by using gametes from a donor that the patient did not expressly consent to the use of that donor's gametes.
(2)
Misuse of gametes is a class 6 felony.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse. "Assisted reproduction" includes, but is not limited to:
(I)
Intrauterine or intracervical insemination;
(II)
Donation of eggs or sperm;
(III)
Donation of embryos;
(IV)
In vitro fertilization and embryo transfer; and
(V)
Intracytoplasmic sperm injection.
(b)
"Donor" means an individual who expressly provides consent to provide donated eggs, sperm, or embryos for a patient for assisted reproduction.
(c)
"Gametes" means one or more cells containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one human being combined with the cytoplasm, including cytoplasmic DNA, of another human being.
(d)
"Health care provider" means any individual who is authorized to practice some component of the healing arts by license, certificate, or registration pursuant to title 12.
Added by 2020 Ch. 238,§ 3, eff. 9/14/2020.
L. 2020: Entire section added, (HB 20-1014), ch. 1155, p. 1155, § 3, effective September 14.
Section 7(2) of chapter 238 (HB 20-1014), Session Laws of Colorado 2020, provides that the act adding this section applies to causes of action arising or offenses committed on or after September 14, 2020.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-132 - Furnishing kratom products to persons under twenty-one years of age

(1)
(a)
A person shall not give, sell, distribute, dispense, or offer for sale a kratom product to any person who is under twenty-one years of age.
(b)
Before giving, selling, distributing, dispensing, or offering to sell to an individual any kratom product, a person shall request from the individual and examine a government-issued photographic identification that establishes that the individual is twenty-one years of age or older.
(c)
A person who violates subsection (1)(a) or (1)(b) of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of two hundred dollars, notwithstanding the provisions of section
18-1.3-503
.
(d)
It is an affirmative defense to a prosecution under subsection (1)(a) of this section that the person furnishing the kratom product was presented with and reasonably relied upon a government-issued photographic identification that identified the individual receiving the kratom product as being twenty-one years of age or older.
(2)
(a)
Nothing in this section prohibits a statutory or home rule municipality, county, or city and county from enacting an ordinance or resolution that prohibits the sale of any kratom products to persons under twenty-one years of age or imposes requirements more stringent than provided in this section.
(b)
A statutory or home rule municipality, county, or city and county shall not enact an ordinance or resolution that establishes a minimum age to purchase kratom products that is under twenty-one years of age.
(3)
As used in this section, "kratom product" has the meaning set forth in section
44-1-105 (1)
.
Added by 2022 Ch. 251, § 3, eff. 8/10/2022.
2022 Ch. 251, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 13 - MISCELLANEOUS OFFENSES (§§ 18-13-101 — 18-13-133) › Section 18-13-133 - Prohibition on prosecuting health-care providers - patient ingests abortifacient in another state

A licensed health-care provider shall not be prosecuted, investigated, or subjected to any penalty if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient was prescribed or administered consistent with accepted standards of practice under Colorado law and did not otherwise violate Colorado law.
Added by 2023 Ch. 68,§ 16, eff. 4/14/2023.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 14 - HOTEL FACILITY RATES: POSTING - NOTICE (§§ 18-14-101 — 18-14-104) › Section 18-14-101 - Definitions

"Hotel facility" means an establishment engaged in the business of furnishing overnight room accommodations primarily for transient persons.
L. 72: p. 593, § 70. C.R.S. 1963: § 40-14-101.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 14 - HOTEL FACILITY RATES: POSTING - NOTICE (§§ 18-14-101 — 18-14-104) › Section 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.
L. 72: p. 593, § 70. C.R.S. 1963: § 40-14-102.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 14 - HOTEL FACILITY RATES: POSTING - NOTICE (§§ 18-14-101 — 18-14-104) › Section 18-14-103 - Advertising prohibited - when

(1)
No person shall display or cause to be displayed any sign which may be seen from a public highway or street, which sign includes in dollars and cents a statement relating to the rates charged at a hotel facility unless accommodations are available at the rates quoted at all times such sign is posted.
(2)
No person shall publish or cause to be published an advertisement which includes in dollars and cents a statement relating to rates charged at a hotel facility unless such advertisement includes in letters or figures of similar size and prominence: The number of apartments or rooms in said hotel facility at the published rates; whether the rates quoted are for single or multiple occupancy where such fact affects the rates charged; the dates during which such rates are in effect; and an indication as to whether there are other rates in effect in said hotel facility. Advertisements or listings in guides or directories which are published by nonprofit hotel, motel, motor court, or apartment organizations or similar associations are excepted from this subsection (2).
(3)
There shall not be published or displayed any sign with regard to any hotel facility which may be seen from a public highway or street and which contains any advertisement that contains false or misleading statements as to any matter whatsoever.
L. 72: p. 593, § 70. C.R.S. 1963: § 40-14-103.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 14 - HOTEL FACILITY RATES: POSTING - NOTICE (§§ 18-14-101 — 18-14-104) › Section 18-14-104 - Violations - penalty

Any owner, agent, lessee, or manager of any hotel facility who violates, or causes to be violated, any of the provisions of this article 14 commits a civil infraction.
Amended by 2021 Ch. 462, § 377, eff. 3/1/2022.
L. 72: p. 593, § 70. C.R.S. 1963: § 40-14-104. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3217, § 377, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
To "collect" an extension of credit means to induce in any way any person to make repayment thereof.
(2)
"Creditor" means any person who extends credit or any person claiming by, under, or through any such person.
(3)
"Debtor" means any person who receives an extension of credit or any person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person who receives an extension of credit to repay the same.
(4)
To "extend credit" means to make or renew any loan or to enter into any agreement, express or implied, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.
(5)
An "extortionate means" is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(6)
(a)
"Loan finance charge" means the sum of all charges payable directly or indirectly by the debtor and imposed directly or indirectly by the lender as an incident to or as a condition of the extension of credit, whether paid or payable by the debtor, the lender, or any other person on behalf of the debtor to the lender or to a third party, including, but not limited to, any of the following types of charges that are applicable:
(I)
Interest or any amount payable under a point, discount, or other system of charges, however denominated;
(II)
Premium or other charge for any guarantee of insurance protecting the lender against the debtor's default or other credit loss;
(III)
Charges incurred for investigating the collateral or credit-worthiness of the debtor or for commissions or brokerage for obtaining the credit.
(b)
The term does not include the charges as a result of additional charges as defined in section
5-2-202
, C.R.S., delinquency charges as defined in section
5-2-203
, C.R.S., deferral charges as defined in section
5-2-204
, C.R.S., similar charges specifically authorized by law, or additional interest charges permitted by section
5-12-107(3)
, C.R.S.
(7)
"Repayment" of an extension of credit includes the repayment, satisfaction, or discharge, in whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
L. 72: p. 288, § 3. C.R.S. 1963: §
40-15-101
. L. 94: (6) amended, p. 1613, § 14, effective July 1. L. 96: (6) amended, p. 412, § 14, effective July 1. L. 2000: (6)(b) amended, p. 1872, § 109, effective August 2.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-102 - Extortionate extension of credit - penalty

Any person who makes any extension of credit in any amount regardless of the loan finance charge with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment will result in the use of extortionate means of collection is guilty of extortionate extension of credit, which is a class 4 felony.
L. 72: p. 289, § 3. C.R.S. 1963: §
40-15-102
.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-103 - Presumption that extension of credit is extortionate

(1)
The provisions of this section are nonexclusive and in no way limit the effect or applicability of section
18-15-102
.
(2)
In any prosecution under section
18-15-102
, if it is shown that the factors enumerated in paragraphs (a), (b), and (c) of this subsection (2) were present in connection with the making of the extension of credit in question, there shall arise a presumption that the extension of credit was extortionate:
(a)
The extension of credit was made with a loan finance charge in excess of that established for criminal usury.
(b)
At the time credit was extended, the debtor reasonably believed that one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means or the nonrepayment thereof had been punished by extortionate means.
(c)
Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded one hundred dollars.
(3)
In any prosecution under section
18-15-102
, evidence of similar offenses tending to establish the existence of a plan, scheme, or design on the part of the defendant to produce a result of which the act charged is a part shall be admissible in evidence against the defendant. Such evidence of similar offenses, if known to the debtor, shall also be admissible in evidence for the purpose of establishing the reasonable belief of the debtor referred to in paragraph (b) of subsection (2) of this section.
(4)
Whether evidence introduced under the provisions of subsection (2) of this section giving rise to the presumption that the extension of credit was extortionate is sufficient to establish the guilt of the defendant beyond a reasonable doubt, if such evidence is not disputed, is a question to be determined by the jury under proper instructions or by the court if no jury trial is had. Where there is evidence tending to show the innocence of the transaction, the issue of whether the extension of credit was extortionate shall be submitted to the jury, if trial is to a jury, unless the court is satisfied that the evidence as a whole clearly negates the presumed offense.
L. 72: p. 289, § 3. C.R.S. 1963: §
40-15-103
.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-104 - Engaging in criminal usury

(1)
Any person who knowingly charges, takes, or receives any money or other property as a loan finance charge where the charge exceeds an annual percentage rate of forty-five percent or the equivalent for a longer or shorter period commits the crime of criminal usury, which is a class 6 felony.
(2)
It is an affirmative defense to criminal usury for a person, or his agent or assignee, who charges, takes, or receives money or property as a loan finance charge in excess of an annual percentage rate of forty-five percent in either of the following circumstances:
(a)
That at the time of making the loan finance charge it could not have been determined by a mathematical computation that the annual percentage rate would exceed an annual percentage rate of forty-five percent;
(b)
That the loan finance charge was not in excess of an annual percentage rate of forty-five percent when the rate of the finance charge was calculated on the unpaid balance of the debt on the assumption that the debt is to be paid according to its terms and is not paid before the end of the agreed term.
(3)
The affirmative defenses referred to in subsection (2) of this section shall only apply when the provisions relating to the loan finance charge are set forth in a written agreement signed by all the parties and such written agreement is submitted to the court and the district attorney at least ten days prior to trial.
(4)
This section shall not apply to:
(a)
Charges and fees permitted by articles
1
to
6
of title
5
, C.R.S., or charges and fees that are similar to such charges and fees and are specifically authorized by law;
(b)
Credit card charges and fees not exceeding those permitted for consumer transactions under articles
1
to
6
of title
5
, C.R.S., when imposed upon or collected from a person or in a transaction not subject to said provisions;
(c)
A reverse mortgage as defined in section
11-38-102
, C.R.S.; and
(d)
Additional interest charges permitted by section
5-12-107(3)
, C.R.S.
L. 72: p. 290, § 3. C.R.S. 1963: §
40-15-104
. L. 89: (1) amended, p. 843, § 103, effective July 1. L. 92: (4) amended, p. 944, § 3, effective April 23. L. 94: (4)(a) amended, p. 1613, § 15, effective July 1. L. 96: (4)(b) and (4)(c) amended and (4)(d) added, p. 412, § 15, effective July 1.
For penalties for charges under forty-five percent, see § 5-5-301.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-105 - Financing extortionate extensions of credit

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 making an extortionate extension of credit, commits financing extortionate extensions of credit, which is a class 5 felony.
L. 72: p. 290, § 3. C.R.S. 1963: §
40-15-105
. L. 89: Entire section amended, p. 843, § 104, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 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.
L. 72: p. 291, § 3. C.R.S. 1963: §
40-15-106
. L. 89: Entire section amended, p. 843, § 105, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-107 - Collection of extensions of credit by extortionate means

(1)
It is unlawful for any person knowingly to participate in any way, or to conspire to do so, in the use of any extortionate means to collect or to attempt to collect any extension of credit or to punish any person for the nonrepayment of any extension of credit.
(2)
Any person who violates the provisions of subsection (1) of this section commits collection of extensions of credit by extortionate means, which is a class 4 felony.
(3)
In any prosecution under this section for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment of an extension of credit was punished by extortionate means.
L. 72: p. 291, § 3. C.R.S. 1963: §
40-15-107
.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 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.
L. 72: p. 291, § 3. C.R.S. 1963: §
40-15-108
. L. 89: (1) amended, p. 843, § 106, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 15 - OFFENSES - MAKING, FINANCING, OR COLLECTION OF LOANS (§§ 18-15-101 — 18-15-109) › Section 18-15-109 - Loan finder - definitions - prohibited fees

(1)
As used in this section, unless the context otherwise requires:
(a)
"Borrower" means any person seeking to obtain a loan through the services of a loan finder.
(b)
"Loan" has the same meaning as set forth in section
5-1-301 (25)
, C.R.S.
(c)
"Loan finder" means any person who, directly or indirectly, serves or offers to serve as a lender or as an agent to obtain a loan or who holds himself or herself out as capable of obtaining a loan for any person; except that the following persons shall be exempt from the provisions of this section:
(I)
A supervised financial organization, as defined in section
5-1-301 (45)
, C.R.S., and its employees, when acting within the scope of their employment;
(II)
A person duly licensed to make supervised loans pursuant to part 3 of article
2
of title
5
, C.R.S.;
(III)
A business development corporation, created pursuant to article
48
of title
7
, C.R.S.;
(IV)
A pawnbroker licensed pursuant to article
11.9
of title
29
, acting as such;
(V)
Any governmental entity or employee thereof, acting in his official capacity;
(VI)
A mortgage broker, as defined in paragraph (d) of this subsection (1), acting as such.
(d)
"Mortgage broker" means any person who, directly or indirectly, serves or offers to serve as an agent for any person to obtain a loan secured by a mortgage, deed of trust, or lien on real property.
(2)
A loan finder shall not charge or collect any fee from a borrower until a borrower actually receives the agreed-upon loan; except that nothing in this section shall preclude a borrower from paying for a credit check or for an appraisal of security for the loan where such payment is by check or money order made payable to a party independent of the loan finder.
(3)
In any proceeding brought pursuant to this section, the burden of production with respect to an exemption from its provisions shall be upon the person claiming the exemption, and said claim of exemption shall constitute an affirmative defense.
(4)
Any person who violates this section commits a petty offense. A violation of this section shall also constitute a class 1 public nuisance subject to the provisions of part 3 of article
13
of title
16
.
Amended by 2021 Ch. 462, § 378, eff. 3/1/2022.
Amended by 2017 Ch. 246, § 5, eff. 8/9/2017.
L. 90: Entire section added, p. 382, § 3, effective July 1. L. 2000: (1)(b), (1)(c)(I), and (1)(c)(II) amended, p. 1873, § 110, effective August 2. L. 2017: IP(1)(c) and (1)(c)(IV) amended, (SB 17-228), ch. 1041, p. 1041, § 5, effective August 9. L. 2021: (4) amended, (SB 21-271), ch. 3217, p. 3217, § 378, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-101 - Legislative declaration

The general assembly hereby finds and determines that illicit traffic in stolen valuable articles is encouraged by the absence of any required record-keeping system by persons purchasing such valuable articles. The general assembly further finds that law enforcement officials are hindered in the identification and recovery of stolen valuable articles, and that law enforcement officials are hindered in the discovery and identification of persons selling stolen valuable articles due to the absence of such a required record-keeping system. Accordingly, it is the intent of the general assembly, by enacting this article, to aid law enforcement officials in the discovery and identification of sellers of stolen valuable articles and in the identification and recovery of stolen valuable articles by providing a mandatory record-keeping and reporting system by purchasers and by providing a holding period during which time such articles shall not be disposed of or altered in any manner. Local governments may adopt ordinances more strict than the provisions of this article.
L. 81: Entire article added, p. 1011, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-102 - Definitions

As used in this article 16, unless the context otherwise requires:
(1)
"Local law enforcement agency" means any marshal's office, police department, or sheriff's office with jurisdiction in the locality in which the purchaser makes the purchase.
(2)
"Peace officer" means any undersheriff, deputy sheriff other than one appointed with authority only to receive and serve summonses and civil process, police officer, state patrol officer, town marshal, or investigator for a district attorney or the attorney general who is engaged in full-time employment by the state, a city, city and county, town, judicial district, or county within this state.
(3)
"Precious or semiprecious metals or stones" means such metals as, but not limited to, gold, silver, platinum, and pewter and such stones as, but not limited to, alexandrite, diamonds, emeralds, garnets, opals, rubies, sapphires, and topaz. For the purposes of this article, ivory, coral, pearls, jade, and such other minerals, stones, or gems as are customarily regarded as precious or semiprecious are deemed to be precious or semiprecious stones.
(4)
"Purchase" means giving money to acquire any valuable article, taking valuable articles in full or part satisfaction of a debt, taking valuable articles for resale for the purpose of full or part satisfaction of a debt, or taking valuable articles for sale on consignment.
(5)
"Purchaser" means any person holding himself out to the public as being engaged in the business of buying valuable articles or any person who purchases five or more valuable articles during any thirty-day period. "Purchaser" does not include a person purchasing valuable articles from an estate or from a retail or wholesale merchant.
(6)
"Seller" means any person offering a valuable article for money to any purchaser, offering a valuable article in full or part satisfaction of a debt, or offering a valuable article for resale for the purpose of full or part satisfaction of a debt.
(7)
(a)
"Valuable article" means any tangible personal property consisting, in whole or in part, of precious or semiprecious metals or stones, whether solid, plated, or overlaid, including, but not limited to, household goods, jewelry, United States commemorative medals or tokens, and gold and silver bullion.
(b)
"Valuable article" shall also include foreign currency when purchased for more than its face value or foreign currency exchange value.
(c)
"Valuable article" also includes a store credit, gift card, or merchandise card of any value not issued by the person.
Amended by 2019 Ch. 87,§ 2, eff. 8/2/2019.
L. 81: Entire article added, p. 1011, § 1, effective May 22. L. 83: (4) amended, p. 668, § 12, effective July 1. L. 2019: IP amended and (7)(c) added, (SB 19-014), ch. 323, p. 323, § 2, effective August 2.
Section 4(2) of chapter 87 (SB 19-014), Session Laws of Colorado 2019, provides that the act changing this section applies to offenses committed on or after August 2, 2019.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 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.
L. 81: Entire article added, p. 1012, § 1, effective May 22. L. 94: (1)(b) amended, p. 2553, § 44, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-104 - Purchases prohibited

No purchaser shall purchase any valuable article from any person under the age of eighteen years.
L. 81: Entire article added, p. 1013, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-105 - Purchaser to maintain register and obtain declaration of seller's ownership

(1)
Every purchaser of valuable articles shall keep a register, in a permanent, well-bound book, in which he shall record the following information: The name, address, and date of birth of the seller and his driver's license number or other I.D. number from any other allowed form of identification pursuant to section
18-16-103
; the date, time, and place of the purchase; an accurate and detailed account and description of each valuable article being purchased, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying marks on such articles and a description by weight and design of such articles. The purchaser shall also obtain a written declaration of the seller's ownership which shall state whether the valuable article is totally owned by the seller, how long the seller has owned the article, whether the seller or someone else found the article, and, if the article was found, the details of its finding.
(2)
The seller shall sign his name in such register and on the declaration of ownership.
(3)
Such register shall be made available to any peace officer for inspection at any reasonable time.
(4)
The purchaser shall keep each register for at least three years after the last date of purchase of valuable articles described therein.
L. 81: Entire article added, p. 1013, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-106 - Holding period

(1)
Except as provided in subsection (2) of this section, a purchaser shall hold all valuable articles within the jurisdiction of purchase for a period of thirty days from the date of purchase, during which time the valuable articles shall be held separate and apart from any other transaction and shall not be changed in form or altered in any way. The purchaser shall permit any requesting law enforcement officer to inspect the valuable articles during the thirty-day period.
(2)
Stamped and assayed gold and silver bullion and gold coins shall not be subject to the holding requirement imposed by subsection (1) of this section. In lieu of such requirement, the purchaser shall be required to record the identity of any person to whom he transfers any such bullion or coins and the date, time, and place of such transfer.
L. 81: Entire article added, p. 1013, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-107 - Reports required

(1)
Every purchaser of valuable articles shall provide the local law enforcement agency, on a weekly basis, with two records, on a form to be provided by the local law enforcement agency, of all valuable articles purchased during the preceding week and one copy of the seller's declaration of ownership. The form for recording such purchases shall contain the information required to be recorded in the purchaser's register pursuant to section
18-16-105
and shall also include a physical description of the seller and the dollar amount of the purchase. Said form shall be signed, at the time of the purchase, by the seller and by the individual purchaser or his agent who participated in the purchase. The local law enforcement agency shall designate the day of the week on which the records and declarations shall be submitted.
(2)
A copy of such record and the seller's declaration of ownership shall also be forwarded to the local law enforcement agency having jurisdiction in the area where the seller resides.
(3)
The local law enforcement agency shall forward copies of such records and declarations of sellers' ownership, upon request, to any other law enforcement agency.
L. 81: Entire article added, p. 1013, § 1, effective May 22. L. 83: (1) amended, p. 668, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-108 - Penalty

Any person who violates any of the provisions of this article commits a class 6 felony. Any person who knowingly gives false information with respect to the information required by sections
18-16-103
and
18-16-105
commits a class 6 felony.
L. 81: Entire article added, p. 1014, § 1, effective May 22. L. 89: Entire section amended, p. 843, § 107, effective July 1.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-109 - Applicability

The provisions of this article shall not apply to private collectors purchasing collectors' items from other private collectors or businesses engaged in selling valuable articles exclusively as collectors' items, and who pay for such purchases by check, nor shall the provisions of sections
18-16-101
to
18-16-108
apply to valuable articles purchased exclusively in interstate commerce and paid for by check mailed to the seller in another state, if a record of the check by which payment was made and the name and address of the seller is maintained for a period of three years, or a retail merchant who, in a retail transaction involving the sale of a valuable article, receives another valuable article as a trade-in and credits the retail purchaser with the value thereof if the retail purchaser provides proof satisfactory to the retailer that the valuable article was originally purchased from that retailer. For the purpose of this section, a "private collector" is an individual, business, or corporation who purchases an item for a price based on the value of the article as a historical item rather than the prevailing market price of the item's metallic or stone composition; who has an interest in preserving the item in its unique or historical form and who does not alter the form of the article; and whose primary purpose is to keep the article in a collection or to sell to another collector.
L. 81: Entire article added, p. 1014, § 1, effective May 22.
2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 16 - PURCHASERS OF VALUABLE ARTICLES (§§ 18-16-101 — 18-16-110) › Section 18-16-110 - Severability

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this article which may be given effect without the invalid provision or application, and, to this end, the provisions of this article are declared to be severable.
L. 81: Entire article added, p. 1014, § 1, effective May 22.