2021 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 4 - Abuse of Public Office
§ 18-8-406. Issuing a False Certificate
A person commits a class 6 felony, if, being a public servant authorized by law to make and issue official certificates or other official written instruments, he makes and issues such an instrument containing a statement which he knows to be false.
History. Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-406 . L. 89: Entire section amended, p. 840, § 84, effective July 1.
ANNOTATION
The language “authorized by law” is not unconstitutionally vague. People v. Buckallew, 848 P.2d 904 (Colo. 1993).
The statute is not overbroad where defendant has failed to show that it infringes any fundamental freedom, and it is “self-evident” that the statute is reasonably related to the legitimate governmental interest in protecting the public from the issuance of false documents by public officials. People v. Buckallew, 848 P.2d 904 (Colo. 1993).
The county sheriff falls within the ambit of the statute where it is clear that a sheriff cannot fully perform his functions without the implied power to make official certificates. People v. Buckallew, 848 P.2d 904 (Colo. 1993).
Indictment need not set forth the source of county sheriff's authority to issue official certificates as long as the duty to refrain from engaging in the prohibited conduct is clear from the count. The indictment clearly stated defendant sheriff was alleged to have breached the duty not to make and issue false official certificates. People v. Buckallew, 848 P.2d 904 (Colo. 1993).
