reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-403 - Presumptions

(1)
In any product liability action, it shall be rebuttably presumed that the product which caused the injury, death, or property damage was not defective and that the manufacturer or seller thereof was not negligent if the product:
(a)
Prior to sale by the manufacturer, conformed to the state of the art, as distinguished from industry standards, applicable to such product in existence at the time of sale; or
(b)
Complied with, at the time of sale by the manufacturer, any applicable code, standard, or regulation adopted or promulgated by the United States or by this state, or by any agency of the United States or of this state.
(2)
In like manner, noncompliance with a government code, standard, or regulation existing and in effect at the time of sale of the product by the manufacturer which contributed to the claim or injury shall create a rebuttable presumption that the product was defective or negligently manufactured.
(3)
Ten years after a product is first sold for use or consumption, it shall be rebuttably presumed that the product was not defective and that the manufacturer or seller thereof was not negligent and that all warnings and instructions were proper and adequate.
(4)
In a product liability action in which the court determines by a preponderance of the evidence that the necessary facts giving rise to a presumption have been established, the court shall instruct the jury concerning the presumption.
L. 77: Entire part added, p. 820, § 2, effective July 1. L. 2003: (4) added, p. 1289, § 3, effective September 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-404 - Inadmissible evidence

In any product liability action, evidence of any scientific advancements in technical or other knowledge or techniques, or in design theory or philosophy, or in manufacturing or testing knowledge, techniques, or processes, or in labeling, warnings of risks or hazards, or instructions for the use of such product, where such advancements were discovered subsequent to the time the product in issue was sold by the manufacturer, shall not be admissible for any purpose other than to show a duty to warn.
L. 77: Entire part added, p. 821, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-405 - [Repealed]

L. 77: Entire part added, p. 821, § 2, effective July 1. L. 92: Entire section repealed, p. 1613, § 168, effective May 20.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 4 - PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS (§§ 13-21-401 — 13-21-406) › Section 13-21-406 - Comparative fault as measure of damages

(1)
In any product liability action, the fault of the person suffering the harm, as well as the fault of all others who are parties to the action for causing the harm, shall be compared by the trier of fact in accordance with this section. The fault of the person suffering the harm shall not bar such person, or a party bringing an action on behalf of such a person, or his estate, or his heirs from recovering damages, but the award of damages to such person or the party bringing the action shall be diminished in proportion to the amount of causal fault attributed to the person suffering the harm. If any party is claiming damages for a decedent's wrongful death, the fault of the decedent, if any, shall be imputed to such party.
(2)
Where comparative fault in any such action is an issue, the jury shall return special verdicts, or, in the absence of a jury, the court shall make special findings determining the percentage of fault attributable to each of the persons to whom some fault is attributed and determining the total amount of damages sustained by each of the claimants. The entry of judgment shall be made by the court, and no general verdict shall be returned by the jury.
(3)
Repealed.
(4)
The provisions of section
13-21-111
do not apply to any product liability action.
L. 81: Entire section added, p. 885, § 1, effective July 1; (3) amended, p. 2030, § 42, effective July 14. L. 86: (3) repealed, p. 682, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 5 - [Repealed] PRODUCT LIABILITY ACTIONS - FIREARMS AND AMMUNITION (§ 13-21-501) › Section 13-21-501 - to 13-21-505 - [Repealed]

Repealed by 2023 Ch. 122,§ 1, eff. 10/1/2023.
L. 86: Entire part added, p. 689, § 1, effective May 12. L. 2000: Entire section amended, p. 1059, § 2, effective May 26; section 13-21-504.5 added, p. 1058, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 6 - [Repealed] (§ 13-21-601) › Section 13-21-601 - to 13-21-604 - [Repealed]

L. 2011: Entire part repealed, (HB 11-1303), ch. 264, p. 1152, §18, effective August 10.
This part 6 was added in 1999 and was not amended prior to its repeal in 2011.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 7 - [Repealed] (§ 13-21-701) › Section 13-21-701 - to 13-21-705 - [Repealed]

(1) This part 7 was added in 1999 and was not amended prior to its repeal in 2006. For the text of this part 7 prior to 2006, consult the 2005 Colorado Revised Statutes.
(2) Section 13-21-705 provided for the repeal of this part 7, effective December 31, 2006. (See L. 99, p. 632.)
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-801 - Short title

This part 8 shall be known and may be cited as the "Drug Dealer Liability Act".
L. 99: Entire part added, p. 1261, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-802 - Legislative declaration

(1)
The general assembly hereby declares that the purpose of this part 8 is:
(a)
To provide a civil remedy for damages to persons in this state injured as a result of the use of an illegal drug;
(b)
To shift, to the extent possible, the cost of damage caused by the market for illegal drugs in the state to those who illegally profit from that market; and
(c)
To deter those who have not yet entered into the distribution market for illegal drugs by establishing the prospect of substantial monetary loss.
L. 99: Entire part added, p. 1261, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-803 - Definitions

As used in this part 8, unless the context otherwise requires:
(1)
"Illegal drug" means a controlled substance as defined in section
18-18-102(5)
, C.R.S.
(2)
"Individual illegal drug user" means the individual whose use of a specified illegal drug is the basis of an action brought under this part 8.
(3)
"Participate in the marketing of illegal drugs" means to transport, import into this state, sell, possess with the intent to sell, furnish, administer, or give away, import into this state, sell, furnish, administer, or give away an illegal drug. "Participate in the marketing of illegal drugs" does not include the purchase or receipt of an illegal drug for personal use.
(4)
"Period of illegal drug use" means, in relation to the individual illegal drug user, the period of time from the individual's first use of a specified illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence.
(5)
"Person" means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association existing under or authorized by the laws of this state, another state, or a foreign country.
(6)
"Specified illegal drug" means the type of illegal drug used by an individual illegal drug user whose use is the basis of an action brought under section
13-21-804(2)(b)
.
L. 99: Entire part added, p. 1261, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-804 - Damages - persons injured by an individual illegal drug user

(1)
Any one or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug within this state:
(a)
A parent, legal guardian, child, spouse, or sibling of the individual illegal drug user;
(b)
An employer of an individual illegal drug user;
(c)
A medical facility, insurer, governmental entity, employer, or other entity that funded a drug treatment program or employee assistance program for the individual illegal drug user or that otherwise expended money on behalf of the individual illegal drug user or a dependent of the individual illegal drug user; and
(d)
A person injured as a result of the willful, reckless, or negligent actions of an individual illegal drug user.
(2)
(a)
A person entitled to seek damages under this section may seek damages from one or more of the following:
(I)
A person who sold, administered, or furnished, or is in the chain of distribution of, an illegal drug used by the individual illegal drug user;
(II)
A person who knowingly participated in the marketing or distribution in the state of Colorado of the specified illegal drug used by an individual illegal drug user during the individual drug user's period of illegal drug use.
(b)
Nothing in this section shall be deemed to authorize a suit against an employer of a person described in paragraph (a) of this subsection (2) if the employer had no knowledge of the actions of the person giving rise to the claim under this section.
(3)
The standard of proof for establishing liability under this section shall be by clear and convincing evidence.
(4)
A person entitled to bring an action under this section may recover all of the following damages:
(a)
Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, or any other pecuniary loss proximately caused by an individual's use of an illegal drug;
(b)
Noneconomic damages, including but not limited to pain and suffering, disfigurement, loss of enjoyment, loss of companionship and consortium, and other nonpecuniary loss proximately caused by an individual's use of an illegal drug;
(c)
Exemplary damages;
(d)
Reasonable attorney fees incurred as a result of bringing an action under this section; and
(e)
Costs of suit, including but not limited to expenses for expert witnesses and expenses for investigative services to determine the identity of the defendants and the location of any assets of the defendants.
L. 99: Entire part added, p. 1262, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-805 - Nonexclusiveness - exceptions to liability - joinder

(1)
Any cause of action established by this part 8 shall be in addition to and not in lieu of any other cause of action available to a plaintiff.
(2)
A person whose possession, use, or distribution of illegal drugs is authorized by law is not liable for damages under this part 8.
(3)
A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state is not liable for participating in the marketing of illegal drugs if the participation is in furtherance of an official investigation.
(4)
Two or more persons may join together in one action under section
13-21-804
if any portion of the period of illegal drug use of the individual illegal drug user whose actions resulted in the damages to one plaintiff overlaps with the period of illegal drug use of the individual illegal drug users whose actions resulted in the damages to every other plaintiff.
(5)
A third party shall not pay damages awarded under this part 8 or provide a defense or money for a defense on behalf of an insured under a contract of insurance or indemnification.
L. 99: Entire part added, p. 1263, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-806 - Comparative negligence

(1)
An action under this part 8 is governed by the principles of comparative negligence.
(2)
The burden of proving the comparative negligence of the plaintiff shall be on the defendant by clear and convincing evidence.
L. 99: Entire part added, p. 1264, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-807 - Contribution among and recovery from multiple defendants

Notwithstanding the provisions of section
13-50.5-102(3)
, a person subject to liability under this part 8 has a right of contribution against any other person subject to liability under this part 8. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery against a person whom a defendant has asserted a right of contribution in accordance with this part 8 and other laws.
L. 99: Entire part added, p. 1264, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-808 - Effect of criminal drug conviction

(1)
(a)
A person against whom recovery is sought is estopped from denying participation in the marketing of illegal drugs if the person has a criminal conviction based on the same circumstances that are the basis for the claim for damages. Said conviction must be for other than mere possession of the specified illegal drug:
(I)
That is a felony under the "Comprehensive Drug Abuse Prevention and Control Act of 1970",
21 U.S.C. sec. 801
, et seq.;
(II)
Under section
18-18-405
or
18-18-406
, C.R.S.; or
(III)
That is a felony related to participation in the marketing of illegal drugs under the laws of another state.
(b)
Such a conviction is also prima facie evidence of the person's participation in the marketing of illegal drugs during the two years preceding the date of an act giving rise to a conviction.
(2)
The absence of a conviction of a person against whom recovery is sought does not bar an action against that person.
L. 99: Entire part added, p. 1264, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-809 - Prejudgment attachment and execution on judgments

(1)
(a)
Except as provided in subsection (3) of this section, a plaintiff under this part 8 may request an ex parte, prejudgment order of attachment under rule 102 of the Colorado rules of civil procedure against all of the assets of a defendant sufficient to satisfy a potential award. If attachment is issued, a defendant is entitled to an immediate hearing. The attachment may be removed if the defendant demonstrates that the assets will be available for a potential award or if the defendant posts a bond sufficient to cover a potential award.
(b)
Prior to the payment of any judgment awarded pursuant to this part 8, payment shall first be made to satisfy any order or judgment entered against the defendant in a criminal proceeding for restitution, including any contributions to a crime victim compensation fund pursuant to article
4.1
of title
24
, C.R.S., or to a victims and witnesses assistance and law enforcement fund pursuant to article
4.2
of title
24
, C.R.S.
(2)
A person against whom a judgment has been rendered under this part 8 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.
(3)
Any assets sought to satisfy a judgment under this part 8 that have been named in a forfeiture action pending on the date that the attachment under subsection (1) of this section is sought or have been seized for forfeiture by any state or federal agency may not be attached or used to satisfy a judgment under this part 8 unless and until the assets have been released following conclusion of the forfeiture action or released by the agency that seized the assets.
L. 99: Entire part added, p. 1265, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-810 - Statute of limitations

(1)
Except as otherwise provided by this section, a claim under this part 8 shall not be brought more than four years after the cause of action accrues. A cause of action accrues under this part 8 when a person who may recover has reason to know of the harm from illegal drug use that is the basis of the cause of action and has reason to know that the illegal drug use is the cause of the harm.
(2)
For a defendant, the statute of limitations under this section does not expire until six months after the individual potential defendant is convicted of a criminal offense or as otherwise provided by law.
L. 99: Entire part added, p. 1265, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-811 - Stay of action

On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this part 8 shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
L. 99: Entire part added, p. 1265, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-812 - Nonretroactive

No cause of action shall accrue based upon any act by a defendant that occurred prior to June 2, 1999.
L. 99: Entire part added, p. 1265, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 8 - DRUG DEALER LIABILITY ACT (§§ 13-21-801 — 13-21-813) › Section 13-21-813 - Severability

If any provision of this part 8 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part 8 that can be given effect without the invalid provision or application, and to this end the provisions of this part 8 are declared to be severable.
L. 99: Entire part added, p. 1266, § 1, effective June 2.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 9 - [Repealed] (§ 13-21-901) › Section 13-21-901 - and 13-21-902 - [Repealed]

L. 2011: Entire part repealed, (HB 11-1303), ch. 264, p. 1152, §19, effective August 10.
This part 9 was added in 1999.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 10 - LIABILITY FOR COMPUTER DISSEMINATION OF INDECENT MATERIAL TO CHILDREN (§§ 13-21-1001 — 13-21-1003) › Section 13-21-1001 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Child" means a person under eighteen years of age.
(2)
"Sexual contact", "sexual intrusion", and "sexual penetration" shall have the same meanings as set forth in section
18-3-401(4), (5), and (6)
, C.R.S., respectively.
L. 2003: Entire part added, p. 1879, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 10 - LIABILITY FOR COMPUTER DISSEMINATION OF INDECENT MATERIAL TO CHILDREN (§§ 13-21-1001 — 13-21-1003) › Section 13-21-1002 - Computer dissemination of indecent material to a child - prohibition

(1)
A person commits computer dissemination of indecent material to a child when:
(a)
Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, or sexual conduct, as defined in section
19-1-103
, the person willfully uses a computer, computer network, telephone network, data network, or computer system allowing the input, output, examination, or transfer of computer data or computer programs from one computer to another or a text-messaging or instant-messaging system to initiate or engage in such communication with a person he or she believes to be a child; and
(b)
By means of such communication the person importunes, invites, entices, or induces a person he or she believes to be a child to engage in sexual contact, sexual intrusion, or sexual penetration with the person, or to engage in a sexual performance or sexual conduct, as defined in section
19-1-103
, for the person's benefit.
(2)
Computer dissemination of indecent material to a child is prohibited. A person who violates the provisions of subsection (1) of this section shall be subject to a civil penalty as provided in section
13-21-1003
.
(3)
It shall not be an affirmative defense in a civil action brought under this part 10 that the person the defendant believed to be a child in fact was not a child.
Amended by 2021 Ch. 136,§ 14, eff. 10/1/2021.
Entire part added, p. 1879, § 1, effective July 1. L. 2009:(1)(a) amended,(HB 09-1132), ch. 341, p. 1792, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 11 - COMMONSENSE CONSUMPTION ACT (§§ 13-21-1101 — 13-21-1106) › Section 13-21-1101 - Short title

This part 11 shall be known and may be cited as the "Commonsense Consumption Act".
L. 2004: Entire part added, p. 759, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 11 - COMMONSENSE CONSUMPTION ACT (§§ 13-21-1101 — 13-21-1106) › Section 13-21-1102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Obesity and many other conditions that are detrimental to the health and well-being of individuals are frequently long-term manifestations of poor choices that are habitually made by those individuals;
(b)
Despite commercial influences, individuals remain ultimately responsible for the choices they make regarding their body; and
(c)
Excessive litigation restricts the wide range of choices otherwise available to individuals who consume products responsibly.
L. 2004: Entire part added, p. 759, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 11 - COMMONSENSE CONSUMPTION ACT (§§ 13-21-1101 — 13-21-1106) › Section 13-21-1103 - Definitions

For the purposes of this part 11, unless the context otherwise requires:
(1)
"Claim" means any claim by or on behalf of a natural person and any derivative or other claim arising therefrom that is asserted by or on behalf of any other person.
(2)
"Food" means any food or beverage, including chewing gum, intended for human consumption and articles used for components of any such food or beverage.
(3)
"Injury caused by or likely to result from long-term consumption" means an injury or condition resulting or likely to result from the cumulative effect of consumption and not from a single instance of consumption.
(4)
"Other person" means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.
L. 2004: Entire part added, p. 760, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 11 - COMMONSENSE CONSUMPTION ACT (§§ 13-21-1101 — 13-21-1106) › Section 13-21-1104 - Actions against food providers that comply with applicable state and federal laws - exemptions

(1)
Except as otherwise provided in subsection (2) of this section, a manufacturer, packer, distributor, carrier, holder, or seller of a food, or an association of one or more such entities, shall not be subject to civil liability for any claim arising from weight gain, obesity, a health condition associated with weight gain or obesity, or other injury caused by or likely to result from the long-term consumption of the food.
(2)
The provisions of subsection (1) of this section shall not preclude civil liability of a manufacturer, packer, distributor, carrier, holder, or seller of a food in cases in which a claim of injury not related to weight gain, obesity, or a health condition associated with weight gain or obesity is based on a material violation of a composition, branding, or labeling standard prescribed by state or federal law and the claimed injury was actual and proximately caused by such violation.
L. 2004: Entire part added, p. 760, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 11 - COMMONSENSE CONSUMPTION ACT (§§ 13-21-1101 — 13-21-1106) › Section 13-21-1105 - Pleading requirements

(1)
In any action permitted under section
13-21-1104(2)
, the plaintiff shall state the following with particularity in the complaint:
(a)
The statute, regulation, or other provision of state or federal law that was allegedly violated;
(b)
The facts that are alleged to constitute a material violation of such law; and
(c)
The facts that are alleged to demonstrate that the material violation proximately caused actual injury to the plaintiff.
(2)
In addition to the requirements set forth in subsection (1) of this section, the complaint shall state with particularity facts sufficient to support a reasonable inference that the violation was knowing and willful.
(3)
For purposes of applying this part 11:
(a)
The pleading requirements contained in this section shall be regarded as jurisdictional prerequisites to the bringing of an action and not merely procedural provisions; and
(b)
The requirements of actual injury, knowledge and willfulness, and proximate cause as described in this section shall apply to all actions commenced under this part 11 notwithstanding any provision of law of another state that may be inconsistent with or contrary to such requirements.
L. 2004: Entire part added, p. 760, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 11 - COMMONSENSE CONSUMPTION ACT (§§ 13-21-1101 — 13-21-1106) › Section 13-21-1106 - Stay of proceedings pending motion to dismiss

(1)
In any action brought against a manufacturer, packer, distributor, carrier, holder, or seller of a food for claims related to the long-term consumption of food, all proceedings including but not limited to discovery shall be stayed during the pendency of a motion to dismiss unless the court finds for good cause shown on the motion of any party that limited discovery is necessary to preserve evidence or to prevent undue prejudice to the movant.
(2)
During a stay of discovery, unless otherwise ordered by the court, any party in the case, including any plaintiff and any defendant that has been properly served with the complaint, shall preserve all documents, data compilations including but not limited to electronically recorded data and electronically stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations in the complaint as though a request for production of those documents and things had been served pursuant to court rule.
L. 2004: Entire part added, p. 761, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1201 - Short title

This part 12 is known and may be cited as the "Civil Remedy for Unlawful Termination of Pregnancy Act".
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1202 - Legislative declaration

The general assembly hereby declares that the purpose of this part 12 is to provide an appropriate civil remedy to a woman who suffers an unlawful termination of her pregnancy, without establishing the legal personhood of an unborn human being.
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1203 - Definitions

As used in this part 12, unless the context otherwise requires:
(1)
"Consent" has the same meaning as provided in section
18-1-505
, C.R.S.
(2)
"Intentionally" has the same meaning as provided in section
18-1-501(5)
, C.R.S.
(3)
"Knowingly" has the same meaning as provided in section
18-1-501(6)
, C.R.S.
(4)
"Pregnancy" means the presence of an implanted human embryo or fetus within the uterus of a woman.
(5)
"Recklessly" has the same meaning as provided in section
18-1-501(8)
, C.R.S.
(6)
"Unlawful termination of pregnancy" means the termination of a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained, or for which the pregnant woman's consent is implied by law.
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1204 - Construction

Nothing in this part 12 shall be construed to confer the status of "person" upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1205 - Damages - woman injured by the unlawful termination of a pregnancy

(1)
A woman may bring an action for damages in accordance with this part 12 against any person who intentionally, knowingly, or recklessly caused an unlawful termination of her pregnancy.
(2)
(a)
The action authorized in this section is in addition to, and does not limit or affect, other actions available by statute or common law, before or after July 1, 2014.
(b)
Nothing in this part 12 is intended to alter, replace, limit, supersede, or in any way restrict any provision of the "Health Care Availability Act", article
64
of this title, or any successor statute.
(3)
The standard of proof for establishing liability under this section is proof by a preponderance of the evidence.
(4)
A woman entitled to bring an action under this section may recover the following damages:
(a)
Her own economic damages;
(b)
Her own noneconomic damages; and
(c)
Exemplary damages to the extent permitted by section
13-21-102
, or any successor statute.
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1857, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1206 - Exceptions to liability

(1)
Nothing in this part 12 shall create liability for damages, or permit a cause of action, against:
(a)
A health-care institution, as defined in section
13-64-202(3)
, to the extent that the health-care institution is engaged in providing health-care services to a pregnant woman with her consent or where her consent is implied by law; or
(b)
A health-care professional, as defined in section
13-64-202(4)(a)
, to the extent that the health-care professional is engaged in providing health-care services to a pregnant woman with her consent or where her consent is implied by law.
(2)
Nothing in this part 12 imposes liability for damages upon a woman for acts she engages in with respect to her own pregnancy.
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1858, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 12 - DAMAGES FOR UNLAWFUL TERMINATION OF PREGNANCY (§§ 13-21-1201 — 13-21-1207) › Section 13-21-1207 - Limitation of actions - three years

Any action brought under this part 12 must be commenced within three years after the cause of action accrues and not thereafter. For purposes of this part 12, a cause of action accrues when a woman has reason to know that her pregnancy was unlawfully terminated.
Added by 2014 Ch. 379,§ 2, eff. 7/1/2014.
L. 2014: Entire part added, (HB 14-1388), ch. 379, p. 1858, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 13 - WHOLESALE SALES REPRESENTATIVES (§§ 13-21-1301 — 13-21-1304) › Section 13-21-1301 - Legislative declaration

The general assembly hereby finds, determines, and declares that independent wholesale sales representatives are a key ingredient to the Colorado economy. The general assembly further finds and declares that wholesale sales representatives spend many hours developing their territory in order to properly market their products. Therefore, it is the intent of the general assembly to provide security and clarify the relations between distributors, jobbers, or manufacturers and their wholesale sales representatives.
Renumbered from C.R.S. § 12-66-101 and amended by 2017 Ch. 241,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9.
This section is similar to former § 12-66-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 13 - WHOLESALE SALES REPRESENTATIVES (§§ 13-21-1301 — 13-21-1304) › Section 13-21-1302 - Jurisdiction over nonresident representatives

A distributor, jobber, or manufacturer who is not a resident of Colorado and who enters into any written contract or written sales agreement regulated by this part 13 shall be deemed to be doing business in Colorado for purposes of personal jurisdiction.
Renumbered from C.R.S. § 12-66-102 and amended by 2017 Ch. 241,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9.
This section is similar to former § 12-66-102 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 13 - WHOLESALE SALES REPRESENTATIVES (§§ 13-21-1301 — 13-21-1304) › Section 13-21-1303 - Damages

(1)
A distributor, jobber, or manufacturer who knowingly fails to pay commissions as provided in any written contract or written sales agreement shall be liable to the wholesale sales representative in a civil action for treble the damages proved at trial.
(2)
In a civil action brought by a wholesale sales representative pursuant to this section, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other recovery.
Renumbered from C.R.S. § 12-66-103 and amended by 2017 Ch. 241,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 991, § 1, effective August 9.
This section is similar to former § 12-66-103 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 13 - WHOLESALE SALES REPRESENTATIVES (§§ 13-21-1301 — 13-21-1304) › Section 13-21-1304 - Liquor licensees excepted

This part 13 shall not apply to any person licensed under article 3 or 4 of title 44.
Amended by 2019 Ch. 390,§ 7, eff. 8/2/2019.
Renumbered from C.R.S. § 12-66-104 and amended by 2017 Ch. 241,§ 1, eff. 8/9/2017.
L. 2017: Entire part added with relocations, (HB 17-1243), ch. 241, p. 992, § 1, effective August 9.
This section is similar to former § 12-66-104 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1401 - Short title

The short title of this part 14 is the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act".
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 325, p. 325, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1402 - Definitions

As used in this part 14, unless the context otherwise requires:
(1)
"Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(2)
"Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.
(3)
"Disclosure" means transfer, publication, or distribution to another person. "Disclose" has a corresponding meaning.
(4)
"Identifiable" means recognizable by a person other than the depicted individual:
(a)
From an intimate image itself; or
(b)
From the intimate image and identifying characteristic displayed in connection with the intimate image.
(5)
"Identifying characteristic" means information that may be used to identify a depicted individual.
(6)
"Individual" means a human being.
(7)
"Intimate image" means a photograph, film, video recording, or other similar medium that shows:
(a)
The uncovered genitals, pubic area, anus, or female postpubescent nipple of a depicted individual; or
(b)
The depicted individual engaging in or being subjected to sexual conduct.
(8)
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(9)
"Sexual conduct" includes:
(a)
Masturbation;
(b)
Genital, anal, or oral sex;
(c)
Sexual penetration of, or with, an object;
(d)
Bestiality; or
(e)
The transfer of semen onto a depicted individual.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 325, p. 325, § 1, effective April 8.
2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › DAMAGES AND LIMITATIONS ON ACTIONS (§§ 13-21-101 — 13-21-1409) › Article 21 - DAMAGES (§§ 13-21-101 — 13-21-1409) › Part 14 - UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES (§§ 13-21-1401 — 13-21-1409) › Section 13-21-1403 - Civil action - definitions

(1)
In this section, unless the context otherwise requires:
(a)
"Harm" means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(b)
"Private" means:
(I)
Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or
(II)
Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.
(2)
Except as otherwise provided in section
13-21-1404
, a depicted individual who is identifiable and who has suffered harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(a)
The depicted individual did not consent to the disclosure;
(b)
The intimate image was private; and
(c)
The depicted individual was identifiable.
(3)
The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image, which is the subject of the action, or that the individual lacked a reasonable expectation of privacy:
(a)
Consent to the creation of the image; or
(b)
Previous consensual disclosure of the image.
(4)
A depicted individual who does not consent to sexual conduct or the uncovering of the part of the body depicted in the intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
(5)
This section is not the exclusive remedy for an intentional disclosure or threatened disclosure of an intimate image; a plaintiff may also bring any other available common law or statutory claims.
Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 326, p. 326, § 1, effective April 8.