Article 13. Miscellaneous Offenses

(1) A person commits abuse of a corpse if, without statutory or court-ordered authority, the person:
(a) Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106; or
(b) Treats the body or remains of any person in a way that would outrage normal family sensibilities.
(2) Abuse of a corpse is a class 6 felony.
(3)
(a) A defendant may not be convicted of both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), if the act arises out of a single incident.
(b) If a defendant is charged with both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), the court shall proceed pursuant to section 18-1-408.

Source: L. 71:R&RE, p. 483, § 1.C.R.S. 1963:§ 40-13-102. L. 85:Entire section repealed, p. 624, § 11, effective July 1.

Source: L. 71:R&RE, p. 483, § 1.C.R.S. 1963:§ 40-13-103. L. 91:Entire section repealed, p. 1784, § 16, effective July 1.

(1) [This version of subsection (1) is effective until March 1, 2022.] If two or more persons shall fight by agreement in a public place, except in a sporting event authorized by law, the persons so fighting commit a class 1 petty offense.
(1) [This version of subsection (1) is effective March 1, 2022.] If two or more persons shall fight by agreement in a public place, except in a sporting event authorized by law, the persons so fighting commit a petty offense.
(2) Persons who by agreement engage in a fight with deadly weapons, whether in a public or private place, commit dueling, which is a class 4 felony.

Source: L. 71:R&RE, p. 484, § 1.C.R.S. 1963:§ 40-13-105. L. 73:P. 540, § 14. L. 77:(1) amended, p. 971, § 65, effective July 1. L. 89:(3) amended, p. 842, § 102, effective July 1. L. 2012:Entire section repealed, (SB 12-102), ch. 113, p. 391, § 1, effective September 1.

[This version of this section is effective until March 1, 2022.] Any person abandoning or discarding, in any public or private place accessible to children, any chest, closet, piece of furniture, refrigerator, icebox, motor vehicle, or other article, having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition commits a class 1 petty offense. [This version of this section is effective March 1, 2022.] Any person abandoning or discarding, in any public or private place accessible to children, any chest, closet, piece of furniture, refrigerator, icebox, motor vehicle, or other article, having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition commits a petty offense.

(1) A person shall not falsely impersonate an individual with a disability, as that term is defined in section 24-34-301 (5.6), C.R.S.
(2) Repealed.
(3) A person shall not knowingly deny an individual with a disability, as defined in section 24-34-301 (5.6), C.R.S., any right or privilege protected in section 24-34-502, 24-34-502.2, 24-34-601, 24-34-802 (1), or 24-34-803, C.R.S.
(4) [This version of subsection (4) is effective until March 1, 2022.] Violation of the provisions of subsection (1) of this section is a class 1 petty offense. Violation of the provisions of subsection (3) of this section is a class 3 misdemeanor.
(4) [This version of subsection (4) is effective March 1, 2022.] Violation of the provisions of this section is a petty offense.

(1) A person commits intentional misrepresentation of entitlement to an assistance animal if:
(a) The person intentionally misrepresents entitlement to an animal in his or her possession as an assistance animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for an individual with a disability as a reasonable accommodation in housing;
(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent entitlement to an assistance animal; and
(c) The person knows that:
(I) The animal is not an assistance animal with regard to that person; or
(II) The person does not have a disability.
(2) [This version of the introductory portion to subsection (2) is effective until March 1, 2022.] A person who violates subsection (1) of this section commits a class 2 petty offense and, upon conviction, shall be punished as follows:
(2) [This version of the introductory portion to subsection (2) is effective March 1, 2022.] A person who violates subsection (1) of this section commits a civil infraction and, upon conviction, notwithstanding the provisions of section 18-1.3-503, shall be punished as follows:
(a) For a first offense, a fine of twenty-five dollars;
(b) For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and
(c) For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars.
(3)
(a) A defendant may petition the district court of the district in which any conviction records pertaining to the defendant’s first conviction for intentional misrepresentation of entitlement to an assistance animal, as described in subsection (1) of this section, are located for the sealing of the conviction records, except for basic identifying information.
(b) If a petition is filed pursuant to paragraph (a) of this subsection (3) for the sealing of a record of conviction for intentional misrepresentation of entitlement to an assistance animal, the court shall order the record sealed if the following criteria are met:
(I) The petition is filed;
(II) The filing fee is paid or the defendant has filed a motion to file without payment with a supporting financial affidavit and the court has granted the motion;
(III) The defendant’s first conviction for intentional misrepresentation of entitlement to an assistance animal was at least three years prior to the date of the filing of the petition; and
(IV) The defendant has not had a subsequent conviction for intentional misrepresentation of entitlement to an assistance animal.
(c) An order entered pursuant to this subsection (3) must be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this subsection (3), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order and shall pay to the bureau any costs related to the sealing of his or her criminal conviction records that are in the custody of the bureau unless the court has granted the motion specified in subparagraph (II) of paragraph (b) of this subsection (3). Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.
(4) A written finding made pursuant to section 12-240-144 (1)(a), 12-245-229 (1)(a), or 12-255-133 (1)(a) is an affirmative defense to the offense established by this section. The lack of such a finding is not proof of the offense established by this section, and nothing in this section or in section 12-240-144, 12-245-229, or 12-255-133 limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
(5) As used in this section, unless the context otherwise requires:
(a) “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended or section 504 of the federal “Rehabilitation Act of 1973”, 29 U.S.C. sec. 794, as amended.
(b) “Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.
(c) “Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.
(d) “State and federal law” includes section 24-34-803, C.R.S., the federal laws specified in paragraph (a) of this subsection (5), and rules and regulations implementing those laws.

(1) A person commits intentional misrepresentation of a service animal if:
(a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;
(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and
(c) The person knows that the animal in question is not a service animal or service-animal-in-training.
(2) [This version of the introductory portion to subsection (2) is effective until March 1, 2022.] A person who violates subsection (1) of this section commits a class 2 petty offense and, upon conviction, shall be punished as follows:
(2) [This version of the introductory portion to subsection (2) is effective March 1, 2022.] A person who violates subsection (1) of this section commits a petty offense and, upon conviction, notwithstanding section 18-1.3-503, shall be punished as follows:
(a) For a first offense, a fine of twenty-five dollars;
(b) For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and
(c) For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars.
(3)
(a) A defendant may petition the district court of the district in which any conviction records pertaining to the defendant’s first conviction for intentional misrepresentation of a service animal, as described in subsection (1) of this section, are located for the sealing of the conviction records, except for basic identifying information.
(b) If a petition is filed pursuant to paragraph (a) of this subsection (3) for the sealing of a record of conviction for intentional misrepresentation of a service animal, the court shall order the record sealed if the following criteria are met:
(I) The petition is filed;
(II) The filing fee is paid or the defendant has filed a motion to file without payment with a supporting financial affidavit and the court has granted the motion;
(III) The defendant’s first conviction for intentional misrepresentation of a service animal was at least three years prior to the date of the filing of the petition; and
(IV) The defendant has not had a subsequent conviction for intentional misrepresentation of a service animal.
(c) An order entered pursuant to this subsection (3) must be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this subsection (3), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order and shall pay to the bureau any costs related to the sealing of his or her criminal conviction records that are in the custody of the bureau unless the court has granted the motion specified in subparagraph (II) of paragraph (b) of this subsection (3). Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.
(4) As used in this section, unless the context otherwise requires:
(a) “Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(b) “Qualified individual with a disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(c) “Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.
(d) “Service-animal-in-training” means a dog or miniature horse that is being individually trained to do work or perform tasks for the benefit of a qualified individual with a disability.
(e) “Trainer of a service animal” means a person who is individually training a service animal to do work or perform tasks for the benefit of a qualified individual with a disability.

[This version of this section is effective until March 1, 2022.] Any person who cuts or removes any timber from any state land without lawful authority commits a class 3 misdemeanor. [This version of this section is effective March 1, 2022.] Any person who cuts or removes any timber from any state land without lawful authority commits a petty offense.

(1)
(a) [This version of subsection (1)(a) is effective until March 1, 2022.] Except as otherwise provided in subsection (2) of this section, any person who, without lawful authority and knowingly, recklessly, or with criminal negligence, sets on fire, or causes to be set on fire, any woods, prairie, or grounds of any description, other than his or her own, or who, knowingly, recklessly, or with criminal negligence, permits a fire, set or caused to be set by such person, to pass from his or her own grounds to the injury of any other person commits a class 2 misdemeanor.
(a) [This version of subsection (1)(a) is effective March 1, 2022.] Except as otherwise provided in subsection (2) of this section, any person who, without lawful authority and knowingly, recklessly, or with criminal negligence, sets on fire, or causes to be set on fire, any woods, prairie, or grounds of any description, other than his or her own, or who, knowingly, recklessly, or with criminal negligence, permits a fire, set or caused to be set by such person, to pass from his or her own grounds to the injury of any other person commits a petty offense.
(b) Any person convicted under paragraph (a) of this subsection (1) shall be assessed a fine of not less than two hundred fifty dollars and not greater than one thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and not subject to suspension. Nothing in this paragraph (b) shall be construed to limit the court’s discretion in exercising other available sentencing alternatives in addition to the mandatory fine.
(2)
(a) Any person who knowingly violates paragraph (a) of subsection (1) of this section and who knows or reasonably should know that he or she violates any applicable order, rule, or regulation lawfully issued by a governmental authority that prohibits, bans, restricts, or otherwise regulates fires during periods of extreme fire hazard and that is designed to promote the safety of persons and property, commits a class 6 felony.
(b) The following activities do not constitute offenses under this subsection (2):
(I) Open burning lawfully conducted in the course of agricultural operations;
(II) State, municipality, or county fire management operations;
(III) Lawfully conducted prescribed or controlled burns;
(IV) Lawful activities conducted pursuant to rules, regulations, or policies adopted by the relevant state, tribal, or federal regulatory agency or agencies.

(1) A person commits the crime of intentionally setting a wildfire if he or she:
(a)
(I) Intentionally and without lawful authority sets on fire, or causes to be set on fire, any woods, prairie, or grounds of any description, other than his or her own; or
(II) Intentionally permits a fire, set or caused to be set by such person, to pass from his or her own grounds to the grounds of another; and
(b) By so doing, places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage.
(2) Intentionally setting a wildfire is a class 3 felony.
(3) For purposes of this section, “building” shall have the same meaning as set forth in section 18-4-101 (1) and “occupied structure” shall have the same meaning as set forth in section 18-4-101 (2).

Source: L. 73:P. 744, § 5.C.R.S. 1963:§ 40-13-110. L. 79:Entire section R&RE, p. 1552, § 16, effective June 20; (1)(a)(I) to (1)(a)(III), (1)(b), and (2)(a) amended, p. 1057, § 2, effective June 20. L. 81:(4)(a) and (4)(b) amended, p. 2025, § 19, effective July 14. L. 84:(2)(a) and (3) amended, p. 1084, § 1, effective July 1; (2)(b)(I) amended, p. 677, § 1, effective July 1. L. 86:(2)(a) and (3)(b) amended, p. 1185, § 16, effective July 1, 1987. L. 89:(2)(a) amended and (4)(d) added, pp. 1161, 1160, §§ 9, 6, effective May 26. L. 93:(3) amended, p. 1922, § 1, effective July 1. L. 94:(2)(b)(II) amended, p. 2735, § 359, effective July 1; entire section repealed, p. 2541, § 5, effective January 1, 1995.

(1)
(a) Except as otherwise provided in subsection (3) of this section, every owner, keeper, or proprietor of a junk shop, junk store, salvage yard, or junk cart or other vehicle and every collector of or dealer in junk, salvage, or other secondhand property shall keep a book or register detailing all transactions involving commodity metals.
(b) The owner, keeper, proprietor, collector, or dealer shall record the identification of a seller of commodity metals in the book or register and the method by which the seller verified his or her identity. The seller shall verify his or her identity by one of the following:
(I) A valid Colorado driver’s license;
(II) An identification card issued in accordance with section 42-2-302, C.R.S.;
(III) A valid driver’s license from another state that contains a picture identification;
(IV) A military identification card;
(V) A valid United States passport; or
(VI) An alien registration card.
(VII) (Deleted by amendment, L. 2011, (HB 11-1130), ch. 106, p. 330, § 1, effective April 13, 2011.)
(c) The owner, keeper, proprietor, collector, or dealer shall require the seller of a commodity metal to provide for the book or register:
(I) A signed affidavit, sworn and affirmed under penalty of law, that the seller is the owner of the commodity metal or is otherwise entitled to sell the commodity metal. The owner, keeper, proprietor, collector, or dealer shall provide the affidavit form to the seller.
(II) The license plate number and description of the vehicle or conveyance, if any, in which the commodity metal was delivered.
(d) The owner, keeper, proprietor, collector, or dealer shall include the following in the book or register:
(I) The date and place of each purchase of the commodity metal; and
(II) The description and quantity of the commodity metal purchased.
(e) The book or register shall be made available to any peace officer for inspection at any reasonable time.
(1.3)
(a) A purchaser of commodity metals shall:
(I) Sign up with the scrap theft alert system maintained by the institute of scrap recycling industries, incorporated, or its successor organization, to receive alerts regarding thefts of commodity metals in the purchaser’s geographic area;
(II) Download and maintain the scrap metal theft alerts generated by the scrap theft alert system;
(III) Use the alerts to identify potentially stolen commodity metals, including training the purchaser’s employees to use the alerts during the purchaser’s daily operations.
(b) A purchaser of commodity metals shall maintain for ninety days copies of any theft alerts received and downloaded pursuant to paragraph (a) of this subsection (1.3). A purchaser shall also maintain documentation that the purchaser educates employees about, and provides to employees, scrap theft alerts.
(1.5)
(a) An owner, keeper, proprietor, collector, or dealer is permitted to pay a seller in cash for any commodity metals transaction of three hundred dollars or less.
(b) If the transaction costs more than three hundred dollars, the owner, keeper, proprietor, collector, or dealer shall pay the seller of a commodity metal by check unless the seller is paid by means of any process in which a picture of the seller is taken when the money is paid.
(2) Except as otherwise provided in subsection (3) of this section, the owner, keeper, proprietor, collector, or dealer of any commodity metal shall make a digital photographic record, video record, or other record that identifies the seller and the commodity metal that the seller is selling. The digital photographic record, video record, or other record format shall be retained for one hundred eighty days, and the owner shall permit a law enforcement officer to make inspections of the record.
(3) The following transactions and materials are exempt from the requirements specified in subsections (1) and (2) of this section:
(a) Any materials purchased from a regulated public utility or an original manufacturer of scrap or industrially generated scrap;
(b) The purchase of recyclable food and beverage containers from any source; except that, for purposes of this exemption, a metal beer keg suitable for reuse shall not be considered a recyclable beverage container;
(c) Any scrap that is involved in a transaction between dealers or governmental entities.
(d) (Deleted by amendment, L. 2007, p. 759, §1, effective July 1, 2007.)
(e) (Deleted by amendment, L. 2011, (HB 11-1130), ch. 106, p. 330, § 1, effective April 13, 2011.)
(4) The information entered in the book or register, as provided in subsection (1) of this section, need not be kept for a period longer than three years after the date of purchase of the commodity metal.
(5) [This version of subsection (5) is effective until March 1, 2022.] A person who violates subsection (1) of this section by failing to keep a book or register, any person who knowingly gives false information with respect to the information required to be maintained in the book or register provided for in subsection (1) of this section, and any person who violates subsection (1.3), (1.5), or (2) of this section commits:
(a) A class 2 misdemeanor if the value of the commodity metal involved is less than five hundred dollars; or
(b) A class 1 misdemeanor if the value of the commodity metal involved is five hundred dollars or more.
(5) [This version of subsection (5) is effective March 1, 2022.] A person who violates subsection (1) of this section by failing to keep a book or register, any person who knowingly gives false information with respect to the information required to be maintained in the book or register provided for in subsection (1) of this section, and any person who violates subsection (1.3), (1.5), or (2) of this section commits:
(a) A petty offense if the amount is less than three hundred dollars;
(b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if the amount is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if the amount is one million dollars or more.
(6) There is a rebuttable presumption that metal purchased by a dealer for the purpose of recycling is a commodity metal if the commodity metal has a value of fifty cents per pound or greater for purposes of recycling the commodity metal.
(7) This section shall not apply to a person or entity that does not provide remuneration for commodity metals collected in drop-off curbside containers or at materials recovery sites.
(8) For the purposes of this section, unless the context otherwise requires:
(a) (Deleted by amendment, L. 2007, p. 759, § 1, effective July 1, 2007.)
(b) “Book or register” means any written or electronic record of transactions kept by any owner, keeper, proprietor, collector, or dealer, including sequentially numbered receipts containing the information required by subsection (1) of this section.
(b.5) “Commodity metal” means copper; a copper alloy, including bronze or brass; or aluminum. “Commodity metal” does not include precious metals such as gold, silver, or platinum.
(c) (Deleted by amendment, L. 2007, p. 759, § 1, effective July 1, 2007.)
(d) “Dealer” means any person, business, or entity that buys, sells, or distributes, for the purpose of recycling, any commodity metal on a wholesale basis.
(e) (Deleted by amendment, L. 2011, (HB 11-1130), ch. 106, p. 330, § 1, effective April 13, 2011.)
(9)
(a) There is hereby created the commodity metals theft task force, also referred to in this subsection (9) as the “task force”.
(b) The task force consists of the following ten persons or their designees:
(I) The chief of the Colorado state patrol;
(II) A sheriff appointed by a Colorado sheriffs’ association;
(III) A municipal police chief appointed by the Colorado association of chiefs of police;
(IV) A contractor that uses commodity metals in construction;
(V) A representative of a national trade association or other organization that represents commodity metals recyclers, such as the institute of scrap recycling industries, incorporated, or its successor organization or another entity representing comparable interests;
(VI) A scrap metal dealer located in Colorado who is a member of the institute of scrap recycling industries, incorporated, or its successor organization;
(VII) A representative of the Colorado municipal league, or its successor entity;
(VIII) A representative of Colorado counties, incorporated, or its successor entity;
(IX) A representative of a public utility that uses commodity metals; and
(X) A representative of a railroad company that operates in Colorado.
(c) The task force shall hold its first meeting no later than July 1, 2011. At the first meeting, the task force shall discuss the best way to distribute and use information related to theft of scrap metals, including whether and how to promote use by law enforcement agencies of the scrap theft alert system maintained by the institute of scrap recycling industries, incorporated, or its successor organization. Thereafter, the task force shall meet on a regular basis, convening at least every October, to discuss issues related to theft of commodity metals, including sharing relevant information on theft of scrap metal, identifying ways in which Colorado’s laws regulating commodity metals purchases can be improved to reduce theft, and reviewing any performance problems or communication issues. The task force is specifically directed to consider: Possible policies or practices to aid in tracking or apprehending stolen commodity metals prior to the point of sale in order to assist law enforcement personnel in theft prevention and recovery of stolen materials; recommendations regarding when and how a commodity metals purchaser should be required to apprise local law enforcement authorities if a purchased commodity metal is a potential match of a commodity metal reported stolen in the scrap theft alert system; and the creation and attributes of a civil penalty process for egregious and repeat violators of the record-keeping requirements of this section.
(d) A member of the task force, as designated by the task force, shall report annually to the judiciary committees of the house of representatives and the senate, or any successor committees, regarding the task force’s meetings, findings, and recommendations.
(e) Members of the task force shall not be compensated for, or reimbursed for expenses incurred in, attending meetings of the task force.
(f) This subsection (9) is repealed, effective September 1, 2025. Before the repeal, the commodity metals theft task force, created pursuant to this subsection (9), shall be reviewed as provided in section 2-3-1203, C.R.S.
(10)
(a) The general assembly hereby finds, determines, and declares that:
(I) Thefts of commodity metals jeopardize the safety and welfare of the public, financially burden taxpayers and industry, and exhaust law enforcement resources;
(II) Such thefts impact every community in Colorado; and
(III) The regulation of commodity metal purchases is a matter of statewide concern.
(b) In order to continue the ability of the state to identify causes of commodity metal theft and provide realistic solutions to the theft problem, the general assembly encourages law enforcement authorities in the state to join the scrap theft alert system maintained by the institute of scrap recycling industries, incorporated, or its successor organization, and to report thefts of commodity metals occurring within their jurisdictions to this system. The general assembly also encourages commercial stakeholders affected by commodity metals theft to sign up for and participate in the scrap theft alert system.

(1) No person shall abandon any vehicle containing any hazardous waste or intentionally spill hazardous waste upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
(2) As used in this section:
(a)
(I) “Abandon” means to leave a thing with the intention not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(II) It is prima facie evidence of the necessary intent that:
(A) The vehicle has been left for more than three days unattended and unmoved; or
(B) License plates or other identifying marks have been removed from the vehicle; or
(C) The vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
(D) The owner has been notified by a law enforcement agency to remove the vehicle and it has not been removed within twenty-four hours after notification.
(b)
(I) “Hazardous waste” means any waste or other material, alone, mixed with, or in combination with other wastes or materials, which because of its quantity, concentration, or physical or chemical characteristics:
(A) Causes, or significantly contributes to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(B) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed.
(II) “Hazardous waste” also means any waste or other material defined as a hazardous waste in the rules and regulations promulgated pursuant to the federal “Solid Waste Disposal Act” (42 U.S.C. 3251 et seq.), as amended by the federal “Resource Conservation and Recovery Act of 1976”, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.
(c) “Hazardous waste” does not include:
(I) Discharges which are point sources subject to permits under section 402 of the “Federal Water Pollution Control Act”, as amended;
(II) Source, special nuclear, or byproduct material as defined by the federal “Atomic Energy Act of 1954”, as amended;
(III) Agricultural waste;
(IV) Domestic sewage which includes final use for beneficial purposes, including fertilizer, soil conditioner, fuel, and livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable standards of the department;
(V) Irrigation return flows;
(VI) Inert materials deposited for construction fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural purposes; or
(VII) Any waste or other materials exempted or otherwise not regulated as a hazardous waste in the rules and regulations promulgated pursuant to the federal “Solid Waste Disposal Act” (42 U.S.C. 3251 et seq.), as amended by the federal “Resource Conservation and Recovery Act of 1976”, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.
(d) “Inert material” means non-water-soluble and nondecomposable inert solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and such other non-water-soluble and nondecomposable inert solids.
(e) “Vehicle” means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. The term includes but is not limited to any motor vehicle, trailer, or semitrailer.
(3) Any person who violates any provision of this section commits a class 4 felony.

(1) As used in this section:
(a) “Beverage” means each of the following forms of liquid refreshment intended for human consumption:
(I) Fermented malt beverages, malt liquors, beers, or any beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product, or any combination thereof, in water;
(II) Alcoholic beverages obtained by distillation, and mixed with water or other substances in solution;
(III) Alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar;
(IV) Mineral or soda waters;
(V) Carbonated or noncarbonated soft drinks; or
(VI) Fruit juices or vegetable juices or fruitades.
(b) “Beverage container” means an individual, sealed metal can which contains a beverage.
(c) “Within Colorado” means within the exterior limits of Colorado and includes all territory within these limits owned or ceded to the United States of America.
(2) No person shall sell or offer for sale at retail within Colorado any metal beverage container with a detachable opening device designed to detach from the beverage container when a user opens the beverage container in a manner reasonably calculated to gain access to its contents.
(3) Subsection (2) of this section shall not apply to metal beverage containers with opening devices consisting of sensitized adhesive tape.
(4) [This version of subsection (4) is effective until March 1, 2022.] Any person who violates subsection (2) of this section commits a class 2 petty offense and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.
(4) [This version of subsection (4) is effective March 1, 2022.] Any person who violates subsection (2) of this section commits a civil infraction and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.

(1) Every secondhand dealer, as defined in subsection (5) of this section, shall make a record, as provided in subsection (2) of this section, of each sale or trade of secondhand property made by him, his agent, or any person acting on his behalf, which sale or trade equals or exceeds thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer shall mail or deliver the record of the sale or trade to the local law enforcement agency within three days of the date of such sale or trade. The secondhand dealer shall keep a copy of the record of the sale or trade for at least one year after the date of the sale or trade.
(2) The record required by this section shall be made in writing on forms designed by the Colorado bureau of investigation or a reasonable facsimile thereof as provided in subsection (3) or (4) of this section and shall consist of the following:
(a) The name, address, and date of birth of the seller or trader;
(b) The date, time, and place of the sale or trade;
(c) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;
(d) The identification number from any of the following forms of identification of the seller or trader:
(I) A valid Colorado driver’s license;
(II) An identification card issued in accordance with section 42-2-302, C.R.S.;
(III) A valid driver’s license, containing a picture, issued by another state;
(IV) A military identification card;
(V) A valid passport;
(VI) An alien registration card; or
(VII) A nonpicture identification document issued by a state or federal government entity;
(e) The signature of the seller or trader;
(f) A declaration by the secondhand dealer that he is the rightful owner of the secondhand property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and
(g) A declaration by the secondhand dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the local law enforcement agency, as required by subsection (1) of this section.
(3) Any city, municipality, city and county, or county which regulates secondhand dealers and assesses a fee as provided in section 18-13-118 shall print and provide the forms for reporting required pursuant to subsection (2) of this section.
(4) In cities, municipalities, city and counties, and counties which do not license secondhand dealers and assess a fee as provided in section 18-13-118, the secondhand dealer shall report all the information required pursuant to subsection (2) of this section in a form acceptable to the local law enforcement agency.
(5) As used in this section and sections 18-13-115 to 18-13-118, unless the context otherwise requires:
(a) “Local law enforcement agency” means any marshal’s office, police department, or sheriff’s office with jurisdiction in the locality in which the sale or trade occurs.
(b) “Peace officer” means any undersheriff, deputy sheriff other than one appointed with authority only to receive and serve summonses and civil process, police officer, Colorado 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.
(c) “Secondhand dealer” means any person whose principal business is that of engaging in selling or trading secondhand property. The term also includes the following: Any person whose principal business is not that of engaging in selling or trading secondhand property but who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. The term does not include:
(I) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller. For the purposes of this subparagraph (I), “weekend period” means Friday through the immediately following Monday.
(II) A person who is a retailer as defined in section 39-26-102 (8), C.R.S., or a wholesaler as defined in section 39-26-102 (18), C.R.S., and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number;
(III) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;
(IV) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c)(3) of the federal “Internal Revenue Code of 1986”, as amended;
(V) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family, or regular employees;
(VI) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a sales tax license in the city, county, or city and county in which the sale occurs;
(VII) An antique dealer who sells antiques, has a retail license and sales tax license in the city, county, or city and county in which the sale occurs, and sells such antiques from a permanent storefront location.
(d) “Secondhand property” means the following items of tangible personal property sold or traded by a secondhand dealer:
(I) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes;
(II) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens’ band broadcasting units and receivers, and video games;
(III) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs;
(IV) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines;
(V) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and
(VI) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined in section 42-1-102 (63), C.R.S., snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious scrap metal.
(6)
(a) [This version of subsection (6) is effective until March 1, 2022.]  Any secondhand dealer who violates any of the provisions of subsection (1) or (2) of this section commits a class 1 misdemeanor. Upon a second or subsequent conviction for a violation of subsection (1) or (2) of this section within three years of the date of a prior conviction, a secondhand dealer commits a class 5 felony.
(b) Any buyer or person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) of this section commits a class 1 misdemeanor.
(a) [This version of subsection (6) is effective March 1, 2022.]  Any secondhand dealer who violates any of the provisions of subsection (1) or (2) of this section commits a petty offense. Upon a second or subsequent conviction for a violation of subsection (1) or (2) of this section within three years of the date of a prior conviction, a secondhand dealer commits a class 5 felony.
(b) Any buyer or person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) of this section commits a class 2 misdemeanor.
(7)
(a) Local law enforcement agencies who print and provide forms as designed by the Colorado bureau of investigation for recording the information required by subsection (2) of this section may charge a reasonable fee for each form to defray the cost of providing such form.
(b) Each local law enforcement agency may establish rules or policies requiring that secondhand dealers provide it with copies of such records. The local law enforcement agency may set forth how often such copies shall be provided to it. Each local law enforcement agency shall forward copies of records received by it to the law enforcement agency having jurisdiction in the area in which the buyer or trader resides.
(8) [This version of subsection (8) is effective until March 1, 2022.] In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by subsection (2) of this section. Any person who violates the provisions of this subsection (8) commits a class 3 misdemeanor.
(8) [This version of subsection (8) is effective March 1, 2022.] In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by subsection (2) of this section. Any person who violates the provisions of this subsection (8) commits a petty offense.
(9) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in paragraph (d) of subsection (2) of this section. Such record shall be mailed or delivered by the operator to the local law enforcement agency within three days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility.

(1) A person who is a secondhand dealer or a dealer and retailer of new goods and who sells goods at a flea market or similar facility shall not sell or offer for sale any of the following property items without proof of ownership:
(a) Baby food of a type usually consumed by children under three years of age;
(b) Cosmetics;
(c) Devices;
(d) Drugs;
(e) Infant formula;
(f) Batteries; or
(g) Razor blades.
(2) A person required to have proof of ownership under subsection (1) of this section shall make such proof of ownership available to any peace officer for inspection at any reasonable time.
(3) For purposes of this section:
(a) “Cosmetic” means an article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering appearance. “Cosmetic” does not include soap.
(b) “Device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component, part, or accessory, that is:
(I) Recognized in the official national formulary or the United States pharmacopoeia, or any supplement to them;
(II) Intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease in humans or animals; or
(III) Intended to affect the structure or any function of the body of humans or animals and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or animals and that is not dependent upon being metabolized for the achievement of any of its principal intended purposes.
(c) “Drug” means:
(I) Any article recognized in an official compendium of drugs;
(II) An article used or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(III) An article, other than food, that is used or intended to affect the structure or any function of the body of humans or animals; or
(IV) An article intended for use as a component of an article specified in subparagraph (I), (II), or (III) of this paragraph (c).
(d) “Infant formula” means a food that purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
(e) “Proof of ownership” shall include:
(I) The name, address, telephone number, and signature of the seller or the seller’s authorized representative;
(II) The name and address of the buyer or consignee if not sold; and
(III) A description and quantity of the product.
(4) [This version of subsection (4) is effective until March 1, 2022.] A violation of this section is a class 3 misdemeanor.
(4) [This version of subsection (4) is effective March 1, 2022.] A violation of this section is a petty offense.

(1) Except in the case of flea markets and similar facilities as provided in this subsection (1), every secondhand dealer shall conspicuously post a notice in a place clearly visible to all buyers and traders which sets forth the provisions of this section and of sections 18-13-114 and 18-13-116 and which sets forth the penalties for violating such sections and for violating section 18-4-401, concerning theft. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. In the case of flea markets and similar facilities, the operator thereof shall post the notice required in this subsection (1) in such a manner as to be obvious to all persons who enter the flea market or similar facility.
(2) Each city, municipality, city and county, and county which regulates secondhand dealers as provided in section 18-13-118 shall print and provide the notices required by subsection (1) of this section to the secondhand dealers within their jurisdiction who are licensed pursuant to section 18-13-116. In any city, municipality, city and county, and county, which does not regulate secondhand dealers as provided in section 18-13-118, the secondhand dealers shall construct a notification containing the information required by subsection (1) of this section.
(3) [This version of subsection (3) is effective until March 1, 2022.] Any secondhand dealer or operator of a flea market or similar facility who violates any of the provisions of subsection (1) of this section commits a class 3 misdemeanor.
(3) [This version of subsection (3) is effective March 1, 2022.] Any secondhand dealer or operator of a flea market or similar facility who violates any of the provisions of subsection (1) of this section commits a petty offense.

(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) [This version of subsection (2) is effective until March 1, 2022.] Any person who violates any of the provisions of subsection (1) of this section commits a class 3 misdemeanor.
(2) [This version of subsection (2) is effective March 1, 2022.] Any person who violates any of the provisions of subsection (1) of this section commits a petty offense.

(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) [This version of subsection (2) is effective until March 1, 2022.]  Any person who violates any of the provisions of subsection (1)(a) of this section commits a class 3 misdemeanor.
(b) Any person who violates the provisions of subsection (1)(b) of this section commits a class 3 misdemeanor 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.
(a) [This version of subsection (2) is effective March 1, 2022.]  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.

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.

(1) The general assembly hereby finds, determines, and declares that:
(a) Business practices that have the effect of eliminating the need for actual payment by the recipient of health care of required copayments and deductibles in health benefit plans interfere with contractual obligations entered into between the insured and the insurer relating to such payments;
(b) Such interference is not in the public interest when it is conducted as a regular business practice because it has the effect of increasing health-care costs by removing the incentive that copayments and deductibles create in making the consumer a cost-conscious purchaser of health care; and
(c) Advertising of such practices may aggravate the adverse financial and other impacts upon recipients of health care.
(2) Therefore, the general assembly declares that such business practices are illegal and that violation thereof or the advertising thereof shall be grounds for disciplinary actions. The general assembly further declares that nothing contained in this section shall be construed to otherwise prohibit advertising by health-care providers.
(3) Except as otherwise provided in subsections (5), (6), and (8) of this section, if the effect is to eliminate the need for payment by the patient of any required deductible or copayment applicable in the patient’s health benefit plan, a person who provides health care commits abuse of health insurance if the person knowingly:
(a) Accepts from any third-party payer, as payment in full for services rendered, the amount the third-party payer covers; or
(b) Submits a fee to a third-party payer which is higher than the fee he has agreed to accept from the insured patient with the understanding of waiving the required deductible or copayment.
(4) [This version of subsection (4) is effective until March 1, 2022.] Abuse of health insurance is a class 1 petty offense.
(4) [This version of subsection (4) is effective March 1, 2022.] Abuse of health insurance is a petty offense.
(5)
(a) Reimbursements made pursuant to articles 3 to 6 of title 25.5, C.R.S., federal medicare laws for inpatient hospitalization, and mental health services purchased in accordance with article 66 of title 27, C.R.S., are exempt from the provisions of this section.
(b) Health-care services are exempt from the provisions of this section if such health-care services are provided:
(I) In accordance with a contract or agreement between an employer and an employee or employees and the contract includes, as a part of an employee’s salary or employment benefits, terms that authorize a practice that would otherwise be prohibited by subsection (3) of this section; or
(II) In accordance with a contract or agreement between a town, city, city and county, or municipality or a special health assurance district pursuant to section 31-15-302 (1), C.R.S., under terms that authorize a practice that would otherwise be prohibited by subsection (3) of this section.
(6)
(a) The waiver of any required deductible or copayment for charitable purposes is exempt from the provisions of subsection (3) of this section if:
(I) The person who provides the health care determines that the services are necessary for the immediate health and welfare of the patient; and
(II) The waiver is made on a case-by-case basis and the person who provides the health care determines that payment of the deductible or copayment would create a substantial financial hardship for the patient; and
(III) The waiver is not a regular business practice of the person who provides the health care.
(b) Any person who provides health care and who waives the deductible or copayment for more than one-fourth of his patients during any calendar year, excluding patients covered by subsection (5) of this section, or who advertises through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that he will accept from any third-party payer, as payment in full for services rendered, the amount the third-party payer covers shall be presumed to be engaged in waiving the deductible or copayment as a regular business practice.
(7) Repealed.
(8) The waiver of a required deductible or copayment for health-care services provided by a school-based health center, as defined in section 25-20.5-502, C.R.S., is exempt from the provisions of this section.

(1) The general assembly hereby finds, determines, and declares that:
(a)
(I) Business practices that have the effect of reducing or eliminating the need for actual payment of required copayments and deductibles by an insured for property damages interfere with contractual obligations entered into by the insured and insurer relating to such payments;
(II) Interference described in subparagraph (I) of this paragraph (a) is not in the public interest because it has the effect of increasing insurance costs by removing the incentives that copayments and deductibles create in making the consumer a cost-conscious purchaser; and
(b)
(I) Business practices that have the effect of providing rebates or something of value to an insured to attract business relating to property damages when the costs of the rebate or thing of value is passed on to an insurer interfere with contractual obligations entered into by the insured and insurer relating to such property damages;
(II) Interference described in subparagraph (I) of this paragraph (b) is not in the public interest because it has the effect of increasing insurance costs by including items unrelated to the property damage in the costs paid by insurers; and
(c) Advertising of practices described in paragraphs (a) and (b) of this subsection (1) may aggravate the impact of such practices.
(2)
(a) The general assembly further declares that business practices described in subsection (1) of this section are illegal and that such practices or the advertising thereof shall be grounds for disciplinary actions by any governmental body which is responsible for licensing or regulating persons who engage in such practices.
(b) The general assembly further declares that this section shall create a private right of action in courts of the state of Colorado, including an action for injunctive relief.
(3) Any person who provides repairs, goods, or services commits abuse of property insurance if such person knowingly:
(a) Submits a fee to an insurer which is higher than a fee estimate such person provided to the insured or which is higher than the fee such person has agreed to accept from the insured if the effect is to provide the insured a rebate or something of value to attract the insured to do business with such person and the cost of providing the rebate or thing of value is passed on to the insurer as a part of the higher fee; or
(b) Provides a rebate or a gift, cash, or thing of value to an insurance company or its representative, agent, employee, or others acting on behalf of the insurance company, in connection with any claim under an insurance policy which insures for property damage.
(4) Any insurance company, or its agent, employee, representative, or other person acting on behalf of the insurance company, commits abuse of property insurance if such company or person knowingly: Accepts a rebate or a gift, cash, or thing of value from any person who provides repairs, goods, or services in connection with any claim under an insurance policy which insures for property damage.
(5) [This version of subsection (5) is effective until March 1, 2022.] Abuse of property insurance is a class 2 misdemeanor.
(5) [This version of subsection (5) is effective March 1, 2022.] Abuse of property insurance is a petty offense.

(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) [This version of subsection (4) is effective until March 1, 2022.] Any person who violates subsection (2) or (3) of this section commits a class 2 misdemeanor.
(4) [This version of subsection (4) is effective March 1, 2022.] Any person who violates subsection (2) or (3) of this section commits a petty offense.

(1)
(a) A person shall not give, sell, distribute, dispense, or offer for sale a cigarette, tobacco product, or nicotine 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 cigarette, tobacco product, or nicotine 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) [This version of subsection (1)(c) is effective until March 1, 2022.] A person who violates paragraph (a) or (b) of this subsection (1) commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars.
(c) [This version of subsection (1)(c) is effective March 1, 2022.] 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 cigarette, tobacco product, or nicotine product was presented with and reasonably relied upon a government-issued photographic identification that identified the individual receiving the cigarette, tobacco product, or nicotine product as being twenty-one years of age or older.
(2) Repealed.
(3)
(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 cigarettes, tobacco products, or nicotine 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 cigarettes, tobacco products, or nicotine products that is under twenty-one years of age.
(3.5) Nothing in this section affects federal laws concerning cigarettes, tobacco products, or nicotine products, as they apply to military bases and Indian reservations within the state.
(4) (Deleted by amendment, L. 98, p. 1185, 2, effective July 1, 1998.)
(5)
(a) As used in this section, “cigarette, tobacco product, or nicotine product” means:
(I) A product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or
(II) Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an electronic cigarette, cigar, cigarillo, or pipe.
(b) Notwithstanding any provision of paragraph (a) of this subsection (5) to the contrary, “cigarette, tobacco product, or nicotine product” does not mean a product that the food and drug administration of the United States department of health and human services has approved as a tobacco use cessation product.

(1)
(a) The general assembly finds and declares that it is necessary for the state of Colorado to educate Colorado youth about the dangers of early use of alcohol and marijuana, to actively promote programs that prevent the illegal use of alcohol and marijuana, and to teach Colorado youth about responsible use and the healthy choices available to an adult once he or she is able to legally consume alcohol or marijuana.
(b) The Colorado general assembly finds it is necessary for the state of Colorado to provide more adolescent substance abuse education and treatment in a developmentally, intellectually, and socially appropriate manner. Therefore, it is necessary to create the adolescent substance abuse prevention and treatment fund for that purpose.
(2) As used in this section, unless the context otherwise requires:
(a) “Establishment” means a business, firm, enterprise, service or fraternal organization, club, institution, entity, group, or residence; any real property, including buildings and improvements, connected therewith; and any members, employees, and occupants associated therewith.
(b) “Ethyl alcohol” means any substance which is or contains ethyl alcohol.
(c) “Marijuana” has the same meaning as in section 16 (2)(f) of article XVIII of the Colorado constitution.
(d) “Marijuana paraphernalia” has the same meaning as marijuana accessories in section 16 (2)(g) of article XVIII of the Colorado constitution.
(e) “Possession of ethyl alcohol” means that a person has or holds any amount of ethyl alcohol anywhere on his or her person or that a person owns or has custody of ethyl alcohol or has ethyl alcohol within his or her immediate presence and control.
(f) “Possession of marijuana” means that a person has or holds any amount of marijuana anywhere on his or her person or that a person owns or has custody of marijuana or has marijuana within his or her immediate presence and control.
(g) “Private property” means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. “Private property” shall not include:
(I) Any establishment that has or is required to have a license pursuant to article 3, 4, or 5 of title 44;
(II) Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or
(III) Any establishment which leases, rents, or provides accommodations to members of the public generally.
(3)
(a) Except as described by section 18-1-711 and subsection (6) of this section, a person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
(b) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3, a person under twenty-one years of age who possesses two ounces or less of marijuana or consumes marijuana anywhere in the state of Colorado commits illegal possession or consumption of marijuana by an underage person. Illegal possession or consumption of marijuana by an underage person is a strict liability offense.
(c) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3, a person under twenty-one years of age who possesses marijuana paraphernalia anywhere in the state of Colorado and knows or reasonably should know that the drug paraphernalia could be used in circumstances in violation of the laws of this state commits illegal possession of marijuana paraphernalia by an underage person. Illegal possession of marijuana paraphernalia by an underage person is a strict liability offense.
(d) A violation of this subsection (3) is an unclassified petty offense.
(4)
(a) Upon conviction of a first offense of subsection (3) of this section, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the office of behavioral health in the department of human services, or both.
(b) Upon conviction of a second offense of subsection (3) of this section, the court shall sentence the underage person to a fine of not more than one hundred dollars, and the court shall order the underage person to:
(I) Complete a substance abuse education program approved by the office of behavioral health in the department of human services;
(II) If determined necessary and appropriate, submit to a substance abuse assessment approved by the office of behavioral health in the department of human services and complete any treatment recommended by the assessment; and
(III) Perform up to twenty-four hours of useful public service, subject to the conditions and restrictions specified in section 18-1.3-507.
(c) Upon conviction of a third or subsequent offense of subsection (3) of this section, the court shall sentence the defendant to a fine of up to two hundred fifty dollars, and the court shall order the underage person to:
(I) Submit to a substance abuse assessment approved by the office of behavioral health in the department of human services and complete any treatment recommended by the assessment; and
(II) Perform up to thirty-six hours of useful public service, subject to the conditions and restrictions specified in section 18-1.3-507.
(d) Nothing in this section prohibits a prosecutor from entering into a diversion or deferred judgment agreement with any underage person for any offense under this section, and prosecutors are encouraged to enter into those agreements when they are consistent with the legislative declaration of this section and in the interests of justice.
(e) A person convicted of a violation of this section is subject to an additional penalty surcharge of twenty-five dollars, which may be waived by the court upon a showing of indigency, that shall be transferred to the adolescent substance abuse prevention and treatment fund created pursuant to subsection (18) of this section.
(5) It is an affirmative defense to the offense described in subsection (3)(a) of this section that the ethyl alcohol was possessed or consumed by a person under twenty-one years of age under the following circumstances:
(a) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his or her parent or legal guardian who was present during such possession or consumption;
(b) When the existence of ethyl alcohol in a person’s body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by section 25-5-410 (1)(i)(II), C.R.S.; or the ingestion of any substance which was manufactured, designed, or intended primarily for a purpose other than oral human ingestion; or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes; or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight; or
(c) The person is a student who:
(I) Tastes but does not imbibe an alcohol beverage only while under the direct supervision of an instructor who is at least twenty-one years of age and employed by a post-secondary school;
(II) Is enrolled in a university or a post-secondary school accredited or certified by an agency recognized by the United States department of education, a nationally recognized accrediting agency or association, or the “Private Occupational Education Act of 1981”, article 64 of title 23;
(III) Is participating in a culinary arts, food service, or restaurant management degree program; and
(IV) Tastes but does not imbibe the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage, except the portion the student tastes, remains under the control of the instructor.
(6) The possession or consumption of ethyl alcohol or marijuana shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment to the United States constitution.
(7)
(a) An underage person is immune from arrest and prosecution under this section if he or she establishes the following:
(I) The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to alcohol or marijuana consumption;
(II) The underage person who called 911 provided his or her name to the 911 operator;
(III) The underage person was the first person to make the 911 report; and
(IV) The underage person who made the 911 call remained on the scene with the underage person in need of medical assistance until assistance arrived and cooperated with medical assistance or law enforcement personnel on the scene.
(b) The immunity described in paragraph (a) of this subsection (7) also extends to the underage person who was in need of medical assistance due to alcohol or marijuana consumption if the conditions of said paragraph (a) are satisfied.
(8) Prima facie evidence of a violation of subsection (3) of this section shall consist of:
(a) Evidence that the defendant was under twenty-one years of age and possessed or consumed ethyl alcohol or marijuana or possessed marijuana paraphernalia anywhere in this state; or
(b) Evidence that the defendant was under the age of twenty-one years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment or marijuana impairment while present anywhere in this state.
(9) During any trial for a violation of subsection (3) of this section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of ethyl alcohol or marijuana. A label which identifies the contents of any bottle, can, or other container as “beer”, “ale”, “malt beverage”, “fermented malt beverage”, “malt liquor”, “wine”, “champagne”, “whiskey” or “whisky”, “gin”, “vodka”, “tequila”, “schnapps”, “brandy”, “cognac”, “liqueur”, “cordial”, “alcohol”, or “liquor” shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol.
(10) A parent or legal guardian of a person under twenty-one years of age or any natural person who has the permission of such parent or legal guardian may give or permit the possession and consumption of ethyl alcohol to or by a person under twenty-one years of age under the conditions described in subsection (5)(a) of this section. This subsection (10) shall not be construed to permit any establishment that is licensed or is required to be licensed pursuant to article 3, 4, or 5 of title 44, or any members, employees, or occupants of any such establishment, to give, provide, make available, or sell ethyl alcohol to a person under twenty-one years of age.
(11) Nothing in this section shall be construed to prohibit any statutory or home rule municipality from enacting any ordinance which prohibits persons under twenty-one years of age from possessing or consuming ethyl alcohol or marijuana or possessing marijuana paraphernalia, which ordinance is at least as restrictive or more restrictive than this section.
(12) Nothing in this section shall be construed to limit or preclude prosecution for any offense pursuant to article 3, 4, or 5 of title 44, except as provided in such articles.
(13) Sealing of record.
(a)  Upon dismissal of a case pursuant to this section after completion of a deferred judgment or diversion or any other action resulting in dismissal of the case or upon completion of the court-ordered substance abuse education and payment of any fine for a first conviction of subsection (3) of this section, the court shall immediately order the case sealed and provide to the underage person and the prosecutor a copy of the order sealing the case for distribution by the appropriate party to all law enforcement agencies in the case.
(b) Upon the expiration of one year from the date of a second or subsequent conviction for a violation of subsection (3) of this section, the underage person convicted of such violation may petition the court in which the conviction was assigned for an order sealing the record of the conviction. The petitioner shall submit a verified copy of his or her criminal history, current through at least the twentieth day prior to the date of the filing of the petition, along with the petition at the time of filing, but in no event later than the tenth day after the petition is filed. The petitioner shall be responsible for obtaining and paying for his or her criminal history record. The court shall grant the petition if the petitioner has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one year following the date of the petitioner’s conviction for a violation of subsection (3) of this section.
(14) The qualitative result of an alcohol or marijuana test or tests shall be admissible at the trial of any person charged with a violation of subsection (3) of this section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol or marijuana by the executive director of the department of public health and environment.
(15) Official records of the department of public health and environment relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state. Copies of such records, attested by the executive director of the department of public health and environment or his or her designee and accompanied by a certificate bearing the official seal for said department, which state that the executive director of the department has custody of such records, shall be admissible in all courts of record and shall constitute prima facie evidence of the information contained in such records. The official seal of the department described in this subsection (15) may consist of a watermark of the state seal within the document.
(16) In any judicial proceeding in any court of this state concerning a charge under subsection (3) of this section, the court shall take judicial notice of methods of testing a person’s blood, breath, saliva, or urine for the presence of alcohol or marijuana and of the design and operation of devices certified by the department of public health and environment for testing a person’s blood, breath, saliva, or urine for the presence of alcohol or marijuana. This subsection (16) shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated. Nothing in this subsection (16) shall preclude a defendant from offering evidence concerning the accuracy of testing devices.
(17) A law enforcement officer may not enter upon any private property to investigate any violation of this section without probable cause.
(18) Cash fund. The surcharge collected pursuant to subsection (4)(e) of this section must be transmitted to the state treasurer, who shall credit the same to the adolescent substance abuse prevention and treatment fund, which is created and referred to in this section as the “fund”. Money in the fund is subject to annual appropriation by the general assembly to the office of behavioral health in the department of human services, established in article 80 of title 27, for adolescent substance abuse prevention and treatment programs. The office of behavioral health is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this section. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund. Any unexpended money in the fund may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and must not be credited or transferred to the general fund or another fund.

(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 shall not be a violation of this section if ketamine is distributed or dispensed by or under the direction of such authorized person for use by a humane society 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 humane society or animal control agency is registered pursuant to section 12-280-119 (12).
(5) Violation of the provisions of subsection (3) of this section is a class 3 felony; except that such violation is a class 2 felony if the violation is subsequent to a prior conviction for a violation of subsection (3) of this section or section 18-18-405 where the controlled substance was gamma hydroxybutyrate (GHB) or ketamine or the immediate chemical precursors or chemical analogs for either of such substances.

(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) [This version of subsection (2) is effective until March 1, 2022.] Any person who commits the offense of dissemination of false information to obtain hospital admittance or care commits a class 1 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.
(2) [This version of subsection (2) is effective March 1, 2022.] 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.

(1) A person commits unauthorized trading in telephone records if the person, without lawful authorization:
(a) Knowingly procures or attempts to procure a telephone record;
(b) Knowingly sells, buys, offers to sell, or offers to buy a telephone record;
(c) Possesses a telephone record with the intent to use such record, or information contained in such record, to harm another person; or
(d) Receives a telephone record of a resident of Colorado knowing that such record was obtained without lawful authorization or by fraud or deception.
(2) For the purposes of this section:
(a) “Lawful authorization” means authorization from the person or the agent of the person to whom the telephone number is assigned or from the person or the agent of the person who purchases the telephone service.
(b) “Procure” means to obtain by any means, with or without consideration.
(c) “Telecommunications provider” means a company and its affiliates that provide commercial telephone service to a customer, irrespective of the technology employed, including, without limitation, wired, wireless, cable, broadband, satellite, or voice-over-internet protocol.
(d)
(I) “Telephone record” means information retained by a telecommunications provider that relates to the number dialed by the customer or subscriber, to the number of a person who dialed the customer, or to other data that are typically contained on a customer’s telephone bill for either wired or wireless telephone service, including, without limitation, the time a call was made, the duration of a call, or the charges for a call.
(II) “Telephone record” shall not include a directory listing or information collected and retained by customers utilizing caller identification technology or similar technology.
(3)
(a) This section shall not prohibit a peace officer, a law enforcement agency, or an employee or agent of a law enforcement agency from obtaining telephone records in the performance of their duties or as authorized by law.
(b) This section shall not prohibit a telecommunications provider from obtaining, using, disclosing, or permitting access to a telephone record when such access:
(I) Is otherwise authorized by Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission;
(II) Is necessary to operations of the telecommunications provider, or to provide services or products, or to protect the rights and property of the telecommunications provider;
(III) Protects users of the service and other telecommunications providers from fraudulent, abusive, or unlawful use of or subscription to such service;
(IV) Is made to a government entity if the telecommunications provider reasonably believes that an emergency involving immediate danger of serious physical injury to any person justifies disclosure of the information;
(V) Is made to the national center for missing and exploited children or its successor entity and concerns a report submitted under 42 U.S.C. sec. 13032;
(VI) Is in connection with the sale, purchase, or transfer of all or part of a telecommunications provider’s business; or
(VII) Is in connection with the migration of a customer from one telecommunications provider to another.
(c) This section shall not be construed to imply that telephone records belong to a person other than the telecommunications provider that maintains them.
(4) [This version of subsection (4) is effective until March 1, 2022.] Unauthorized trading in telephone records is a class 1 misdemeanor.
(4) [This version of subsection (4) is effective March 1, 2022.] Unauthorized trading in telephone records is a petty offense.
(5) This section shall not apply to a telecommunications provider or its agents or representatives who reasonably and in good faith act pursuant to Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission, notwithstanding a later determination that the act was not authorized by such law.

(1)
(a) Except as otherwise provided in paragraph (b) of this subsection (1), a person shall not accept money or other form of compensation to assist a restrained person from discovering the location of a protected person when the person knows or reasonably should know that the restrained person is subject to a court order prohibiting contact with the protected person.
(b) The provisions of paragraph (a) of this subsection (1) shall not apply to a person who is working pursuant to an agreement with counsel for a restrained person or with the restrained person if he or she is representing himself or herself, if:
(I)
(A) The restrained person seeks discovery of the location of the protected person for a lawful purpose as specified in a written agreement between the person and the restrained person or his or her counsel; and
(B) The written agreement states that the location of the protected person shall not be disclosed by the person or by counsel for the restrained person to the restrained person unless the protected person has agreed to the disclosure in writing or the restrained person obtains court permission to obtain disclosure of the location for the stated lawful purpose; or
(II)
(A) The restrained person is a defendant in a criminal case or a party to a civil case, an action for dissolution of marriage, or other legal proceeding; and
(B) The agreement states that the lawful purpose for locating the protected person is to interview or issue a lawful subpoena or summons to the protected person or for any other lawful purpose relating to the proper investigation of the case.
(2) [This version of subsection (2) is effective until March 1, 2022.] A violation of subsection (1) of this section is a class 1 misdemeanor offense.
(2) [This version of subsection (2) is effective March 1, 2022.] A violation of subsection (1) of this section is a class 2 misdemeanor offense.
(3) It shall be an affirmative defense to a charge under subsection (1) of this section if the person:
(a) Within seventy-two hours prior to disclosing the location of the protected person to the restrained person, verified that there was not a protection order relating to the protected person; and
(b) Prior to disclosing the location of the protected person to the restrained person, obtained from the restrained person a signed affidavit verifying that the restrained person was not aware of any protection order related to the protected person.
(4) As used in this section, unless the context otherwise requires:
(a) “Protected person” means the person or persons identified in a protection order as the person or persons for whose benefit the protection order was issued.
(b) “Protection order” means an order as described in section 18-6-803.5 (1.5)(a.5) that prohibits a restrained person from contacting a protected person.
(c) “Restrained person” means the person identified in the protection order as the person prohibited from doing the specified act or acts.

Source: 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.

(1) A person commits smuggling of humans if, for the purpose of assisting another person to enter, remain in, or travel through the United States or the state of Colorado in violation of immigration laws, he or she provides or agrees to provide transportation to that person in exchange for money or any other thing of value.
(2) Smuggling of humans is a class 3 felony.
(3) A person commits a separate offense for each person to whom he or she provides or agrees to provide transportation in violation of subsection (1) of this section.
(4) Notwithstanding the provisions of section 18-1-202, smuggling of humans offenses may be tried in any county in the state where a person who is illegally present in the United States who is a subject of the action is found.

Source: 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.

(1) It is unlawful for any person who engages in the business of writing bail bonds to engage in any of the following activities related to a bail bond transaction:
(a) Specify, suggest, or advise the employment of a particular attorney to represent the licensee’s principal;
(b) Pay a fee or rebate or give or promise anything of value to a jailer, peace officer, clerk, deputy clerk, an employee of a court, district attorney or district attorney’s employees, or any person who has power to arrest or to hold a person in custody;
(c) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond or as counsel to represent the person who wrote or posted the bond or the person’s representative or employees;
(d) Pay a fee or rebate or give or promise to give anything of value to the person on whose bond the person is surety;
(e) Accept anything of value from a person on whose bond the person in the business of writing bail bonds is surety or from others on behalf of the person except the fee or premium on the bond, but the producer or agent may accept collateral security or other indemnity if:
(I) No collateral or security in tangible property is taken by pledge or debt instrument that allows retention, sale, or other disposition of the property upon default except in accordance with article 9 of title 4, C.R.S.;
(II) No collateral or security interest in real property is taken by deed or any other instrument unless the interest in the property is limited to the amount of the bond and the interest is recorded in the name of the bail insurance company or insurance producer, cash-bonding agent, or professional cash-bail agent who posted the bond with the court;
(III) The collateral or security is not pledged directly to any court as security for any appearance bond; and
(IV) The person from whom the collateral or security is taken is issued a receipt describing the condition of the collateral at the time it is taken into custody;
(f) Coerce, suggest, aid and abet, offer promise of favor, or threaten any person on whose bail bond the person is surety or offers to become surety to induce that person to commit any crime;
(g) Post a bail bond in any court of record in this state while the name of the person is on the board under section 16-4-114 (5)(e), C.R.S., or under any circumstance where the person has failed to pay a bail forfeiture judgment after all applicable stays of execution have expired and the bond has not been exonerated or discharged;
(h) Except for the bond fee, to fail to return any nonforfeited collateral or security within fourteen days after receipt of a copy of the court order that results in a release of the bond by the court, or if the defendant fails to appear and the surety is exonerated, fails to return the collateral to the indemnitor upon request within fourteen days after the three-year period, unless:
(I) The collateral also secures another obligation, premium payment plan, or bail recovery fee; or
(II) The later of three years or, if the court grants an extension, six years have elapsed from the date the bond was posted.
(i) Accept anything of value from a person on whose bond the person in the business of writing bail bonds is indemnitor or from another on behalf of the principal except the premium, except as authorized by title 10, C.R.S., or any rule of the division of insurance promulgated under title 10, C.R.S.;
(j) Sign or countersign blank bail bonds;
(k) To have more than one bond posted at one time in one case on behalf of one person;
(l) Fail to issue to the person from whom collateral or security is taken a receipt that includes a description of the collateral or security when it is taken into custody.
(2) [This version of subsection (2) is effective until March 1, 2022.] A person who violates subsection (1) of this section is guilty of an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Any criminal penalty prescribed in this section for a violation of this article is in addition to, and not exclusive of, any other applicable penalty prescribed by law.
(2) [This version of subsection (2) is effective March 1, 2022.] A person who violates subsection (1) of this section commits a class 2 misdemeanor. Any criminal penalty prescribed in this section for a violation of this article 13 is in addition to, and not exclusive of, any other applicable penalty prescribed by law.

(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.