2021 Colorado Code
Title 18 - Criminal Code
Article 16 - Purchasers of Valuable Articles
§ 18-16-108. Penalty
Any person who violates any of the provisions of this article commits a class 6 felony. Any person who knowingly gives false information with respect to the information required by sections 18-16-103 and 18-16-105 commits a class 6 felony.
History. Source: L. 81: Entire article added, p. 1014, § 1, effective May 22. L. 89: Entire section amended, p. 843, § 107, effective July 1.
ANNOTATION
Act does not create a strict liability crime. The second sentence of this provision requires a “knowing” violation. This mental state applies to the first sentence as well. Exotic Coins, Inc. v. Beacom, 699 P.2d 930 (Colo. 1985), 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 under § 18-16-107 does not constitute defense to criminal charge under this section and the prosecution's failure to introduce proof of jeweler's compliance with § 18-16-107 was not fatal to defendant's conviction. People v. Chavez, 764 P.2d 371 (Colo. App. 1988).
Evidence sufficient to sustain defendant's conviction for giving false information. People v. Chavez, 764 P.2d 371 (Colo. App. 1988).
