2021 Colorado Code
Title 18 - Criminal Code
Article 16 - Purchasers of Valuable Articles
§ 18-16-107. Reports Required
- Every purchaser of valuable articles shall provide the local law enforcement agency, on a weekly basis, with two records, on a form to be provided by the local law enforcement agency, of all valuable articles purchased during the preceding week and one copy of the seller's declaration of ownership. The form for recording such purchases shall contain the information required to be recorded in the purchaser's register pursuant to section 18-16-105 and shall also include a physical description of the seller and the dollar amount of the purchase. Said form shall be signed, at the time of the purchase, by the seller and by the individual purchaser or his agent who participated in the purchase. The local law enforcement agency shall designate the day of the week on which the records and declarations shall be submitted.
- A copy of such record and the seller's declaration of ownership shall also be forwarded to the local law enforcement agency having jurisdiction in the area where the seller resides.
- The local law enforcement agency shall forward copies of such records and declarations of sellers' ownership, upon request, to any other law enforcement agency.
History. Source: L. 81: Entire article added, p. 1013, § 1, effective May 22. L. 83: (1) amended, p. 668, § 13, effective July 1.
ANNOTATION
Constitutionality of reporting requirements. The requirement that purchasers provide the local law enforcement agency on a weekly basis, two records regarding valuable articles purchased does not constitute a violation of the purchaser's fifth amendment privilege against self-incrimination. Exotic Coins, Inc. v. Beacom, 699 P.2d 930 (Colo.), cert. denied, 474 U.S. 892, 106 S. Ct. 214, 88 L. Ed. 2d 214 (1985).
Jeweler's failure to comply with record-keeping requirement does not constitute defense to criminal charge under § 18-16-108 , and the prosecution's failure to introduce proof of jeweler's compliance with this section was not fatal to defendant's conviction. People v. Chavez, 764 P.2d 371 (Colo. App. 1988).
Applied in Rathke v. MacFarlane, 648 P.2d 648 (Colo. 1982).
