2022 Colorado Code
Title 18 - Criminal Code
Article 8 - Offenses - Governmental Operations
Part 1 - Obstruction of Public Justice
§ 18-8-117. Unlawful Sale of Publicly Provided Services or Appointments - Definitions

Universal Citation: CO Code § 18-8-117 (2022)
  1. A person commits an unlawful sale of public services if the person does any of the following with respect to a government service or an appointment to receive a government service and if a government entity makes the service or appointment publicly available without charge:
    1. The person reserves or obtains the service or appointment, and the person sells the service or appointment;
    2. The person reserves or obtains, with the intent to sell, the service or appointment;
    3. The person reserves or obtains the service or appointment, and the person appends the service or appointment to another good or service the person offers for sale; or
    4. The person falsely represents to the potential customer that the person has obtained or secured the service or appointment, and the person attempts to sell the service or appointment.
  2. This section does not apply when the person:
    1. Has consent from the government entity to sell the specific service or appointment obtained or reserved; or
    2. Is obtaining and selling or offering to sell only information.
  3. [ Editor's note: This version of subsection (3) is effective until March 1, 2022.] Unlawful sale of public services is a class 1 misdemeanor, as defined in section 18-1.3-501.

    (3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Unlawful sale of public services is a class 2 misdemeanor, as defined in section 18-1.3-501.

  4. As used in this section, "government entity" means the state of Colorado, a political subdivision of Colorado, or an agency of either the state of Colorado or a political subdivision of Colorado.

Source: L. 2016: Entire section added, (HB 16-1335), ch. 246, p. 1014, § 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3196, § 281, effective March 1, 2022.

Editor's note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

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