Article 20. Offenses Related to Limited Gaming

The general assembly hereby finds, determines, and declares that the strict control of limited gaming in this state is necessary for the immediate and future preservation of the public peace, health, and safety.

(1) As used in this article 20, unless this article 20 otherwise provides or unless the context otherwise requires, terms used in this article 20 shall have the same meanings as those set forth in article 30 of title 44.
(2) The term “repeating gambling offender” means any person who is convicted of an offense under section 18-10-103 (2), sections 18-10-105 to 18-10-107, or sections 18-20-103 to 18-20-114, or sections 44-30-809 to 44-30-811 or 44-30-818 to 44-30-831 or 44-30-837, within five years after a previous misdemeanor conviction under said sections or under a former statute prohibiting gambling activities or at any time after a previous felony conviction under any of said sections. A conviction in any jurisdiction of the United States of an offense which, if committed in this state, would be professional gambling shall constitute a previous conviction for purposes of a prosecution in this state as a repeating gambling offender.

(1) Any person who:
(a) Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by article 30 of title 44 commits a class 5 felony;
(b) [Effective until March 1, 2022.] Fails to pay tax due under article 30 of title 44 within thirty days after the date the tax becomes due commits a class 1 misdemeanor;
(b) [Effective March 1, 2022.] Fails to pay tax due under article 30 of title 44 within thirty days after the date the tax becomes due commits a class 2 misdemeanor;
(c) [Effective until March 1, 2022.] Fails to file a return required by article 30 of title 44 within thirty days after the date the return is due commits a class 1 misdemeanor;
(c) [Effective March 1, 2022.] Fails to file a return required by article 30 of title 44 within thirty days after the date the return is due commits a class 2 misdemeanor;
(d) Violates section 44-30-603 (1)(b) or (1)(c) two or more times in any twelve-month period commits a class 5 felony;
(e) Willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under or in connection with any matter arising under any title administered by the commission or a return, affidavit, claim, or other document which is fraudulent or is false as to any material fact, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document commits a class 5 felony.
(2) For purposes of this section, “person” includes corporate officers having control or supervision of, or responsibility for, completing tax returns or making payments pursuant to article 30 of title 44.

Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, or who provides any false or misleading information to the commission or the division, or who fails to keep books and records to substantiate the receipts, expenses, or uses resulting from limited gaming conducted under article 30 of title 44, as prescribed in rules promulgated by the commission, or who falsifies any books or records which relate to any transaction connected with the holding, operating, and conducting of any limited card games or slot machines, or who knowingly violates any of the provisions of article 30 of title 44, or any rule adopted by the commission or any terms of any license granted under said article 30, commits a class 5 felony.

(1) Any slot machine manufacturer or distributor shipping or importing a slot machine into the state of Colorado shall provide to the Colorado limited gaming control commission created in section 44-30-301, at the time of shipment a copy of the shipping invoice which shall include, at a minimum, the destination, the serial number of each machine, and a description of each machine. Any person within the state of Colorado receiving a slot machine shall, upon receipt of the machine, provide to the Colorado limited gaming control commission upon a form available from the commission information showing at a minimum the location of each machine, its serial number, and description. The report shall be provided regardless of whether the machine is received from a manufacturer or any other person. Any machine licensed pursuant to section 44-30-803 shall be licensed for a specific location, and movement of the machine from that location shall be reported to said commission within the time period set out in rules promulgated pursuant to section 44-30-803 (1)(d). Any person violating any provision of section 44-30-803 commits a class 5 felony. Any slot machine that is not in compliance with article 30 of title 44 is declared contraband and may be summarily seized and destroyed after notice and hearing.
(2) Slot machines which because of age and condition bear no manufacturer serial number shall be assigned a serial number by a remanufacturer of slot machines. Such new serial number shall be duly recorded as required by federal regulations.
(3) The director of the division of gaming appointed pursuant to section 44-30-201 may approve a change to the registration of a slot machine under circumstances constituting an emergency. If said director approves an emergency change, the registration of the slot machine shall not be suspended pending the filing of a supplemental application.

(1) It is unlawful for any person, whether he is an owner or employee of, or a player in, an establishment, to cheat at any limited gaming activity.
(2) For purposes of article 30 of title 44, “cheating” means to alter the selection of criteria which determine:
(a) The result of a game; or
(b) The amount or frequency of payment in a game.
(3) [Effective until March 1, 2022.] Any person issued a license pursuant to article 30 of title 44, violating any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 1 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.
(3) [Effective March 1, 2022.] Any person issued a license pursuant to article 30 of title 44, violating any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 2 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.

(1) It is unlawful for any person:
(a) To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players;
(b) To place, increase, or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing, or decreasing a bet or determining the course of play contingent upon that event or outcome;
(c) To claim, collect, or take, or attempt to claim, collect, or take, money or anything of value in or from a limited gaming activity with intent to defraud and without having made a wager contingent thereon, or to claim, collect, or take an amount greater than the amount won;
(d) Knowingly to entice or induce another to go to any place where limited gaming is being conducted or operated in violation of the provisions of article 30 of title 44, with the intent that the other person play or participate in that limited gaming activity;
(e) To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets;
(f) To reduce the amount wagered or to cancel a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets;
(g) To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game;
(h) To, by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, or device, for himself or another, win or attempt to win money or property or a representative of either or reduce a losing wager or attempt to reduce a losing wager in connection with limited gaming;
(i) To conduct any limited gaming operation without a valid license;
(j) To conduct any limited gaming operation on an unlicensed premises;
(k) To permit any limited gaming game or slot machine to be conducted, operated, dealt, or carried on in any limited gaming premises by a person other than a person licensed for the premises pursuant to article 30 of title 44;
(l) To place any limited gaming games or slot machines into play or display such games or slot machines without the authorization of the Colorado limited gaming control commission;
(m) To employ or continue to employ any person in a limited gaming operation who is not duly licensed or registered in a position whose duties require a license or registration pursuant to article 30 of title 44; or
(n) To, without first obtaining the requisite license or registration pursuant to article 30 of title 44, be employed, work, or otherwise act in a position whose duties would require licensing or registration pursuant to said article 30.
(2) [Effective until March 1, 2022.] Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 1 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.
(2) [Effective March 1, 2022.] Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 2 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.

(1) It is unlawful for any person at a licensed gaming establishment to use, or possess with the intent to use, any device to assist:
(a) In projecting the outcome of the game;
(b) In keeping track of the cards played;
(c) In analyzing the probability of the occurrence of an event relating to the game; or
(d) In analyzing the strategy for playing or betting to be used in the game, except as permitted by the Colorado limited gaming control commission.
(2) [Effective until March 1, 2022.] Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony and any other person violating any provision of this section commits a class 1 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.
(2) [Effective March 1, 2022.] Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony and any other person violating any provision of this section commits a class 2 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.

(1) It is unlawful for any licensee, employee, or other person to use counterfeit chips in any limited gaming activity.
(2) It is unlawful for any person, in playing or using any limited gaming activity designed to be played with, to receive, or to be operated by chips or tokens approved by the Colorado limited gaming control commission or by lawful coin of the United States of America:
(a) Knowingly to use anything other than chips or tokens approved by the Colorado limited gaming control commission or lawful coin, legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in that limited gaming activity; or
(b) To use any device or means to violate the provisions of article 30 of title 44.
(3) It is unlawful for any person to possess any device, equipment, or material which he knows has been manufactured, distributed, sold, tampered with, or serviced in violation of the provisions of article 30 of title 44.
(4) It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession any device intended to be used to violate the provisions of article 30 of title 44.
(5) It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering, or affecting the operation of any limited gaming activity, drop box, or electronic or mechanical device connected thereto, or for removing money or other contents therefrom.
(6) Possession of more than one of the devices, equipment, products, or materials described in this section shall give rise to a rebuttable presumption that the possessor intended to use them for cheating.
(7) It is unlawful for any person to use or possess while on the premises any cheating or thieving device, including but not limited to, tools, drills, wires, coins, or tokens attached to strings or wires or electronic or magnetic devices, to facilitate the alignment of any winning combination or to facilitate removing from any slot machine any money or contents thereof, unless the person is a duly authorized gaming employee acting in the furtherance of his or her employment.
(8) Any person violating any provision of this section commits a class 6 felony; except that, if the person is a repeating gambling offender, the person commits a class 5 felony.

(1) It is unlawful for any person playing any licensed game in licensed gaming premises to:
(a) Knowingly conduct, carry on, operate, or deal or allow to be conducted, carried on, operated, or dealt any cheating or thieving game or device; or
(b) Knowingly deal, conduct, carry on, operate, or expose for play any game or games played with cards or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with or placed in a condition or operated in a manner the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the game which could determine or alter the result of the game.
(2) Any person violating any provision of this section commits a class 6 felony; except that, if the person is a repeating gambling offender, the person commits a class 5 felony.

(1) It is unlawful to manufacture, sell, or distribute any cards, chips, dice, game, or device that is intended to be used to violate any provision of article 30 of title 44.
(2) It is unlawful to mark, alter, or otherwise modify related equipment or a limited gaming device in a manner that:
(a) Affects the result of a wager by determining win or loss; or
(b) Alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game.
(3) It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of article 30 of title 44.
(4) [Effective until March 1, 2022.] Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 1 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.
(4) [Effective March 1, 2022.] Any person issued a license pursuant to article 30 of title 44 violating any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 2 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.

(1) It is unlawful for any person whose name is on the list promulgated by the Colorado limited gaming control commission pursuant to section 44-30-1001 or 44-30-1002 to enter the licensed premises of a limited gaming licensee.
(2) It is unlawful for any person whose name is on the list promulgated by the Colorado limited gaming control commission pursuant to section 44-30-1001 or 44-30-1002 to have any personal pecuniary interest, direct or indirect, in any limited gaming licensee, licensed premises, establishment, or business involved in or with limited gaming or in the shares in any corporation, association, or firm licensed pursuant to article 30 of title 44.
(3) Any person violating the provisions of this section commits a class 5 felony.

(1) It is unlawful for any person to issue, suspend, revoke, or renew any license pursuant to article 30 of title 44 for any personal pecuniary gain or any thing of value, as defined in section 18-1-901 (3)(r), or for any person to violate any of the provisions of part 4 of article 30 of title 44.
(2) Any person violating any of the provisions of this section commits a class 3 felony.

(1) It is unlawful for any person to provide any false or misleading information under the provisions of article 30 of title 44.
(2) Any person violating any of the provisions of this section commits a class 5 felony.

Nothing contained in this article shall be construed to modify, amend, or otherwise affect the validity of any provisions contained in article 10 of this title.