Colorado § 12-140-108 - Violations and penalties - private civil right of action.
Full text of Colorado Colorado Revised Statutes § 12-140-108 — Violations and penalties - private civil right of action., with citation guidance and answers to common questions.
§ 12-140-108. Violations and penalties - private civil right of action.
(1) A person who violates this article 140 commits a class 1 misdemeanor.
(2) (a) A person who suffers damages as a result of a violation of section 12-140-105 or 12-140-106 has a private civil right of action to recover damages against any person that violates section 12-140-105 or 12-140-106.
(b) If a court determines that a person subject to this article 140 violated section 12-140-105 or 12-140-106, in addition to all other remedies, the court shall award a statutory penalty of the greater of three thousand five hundred dollars or all compensation received by the nontransplant tissue bank for the distribution of the decedent's human remains.
(c) If a court determines that a violation of section 12-140-105 or 12-140-106 was willful or wanton, the amount of the statutory penalty is tripled.
(d) The court shall award a successful plaintiff under this subsection (2) reasonable costs and attorney fees.
(e) There must be only one civil action per decedent whose human remains were donated. If multiple plaintiffs are joined in the action, the court may allocate the penalty among the plaintiffs as it deems just.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 966, § 1, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3155, § 143, effective March 1, 2022. L. 2024: Entire section amended, (HB 24-1254), ch. 241, p. 1595, § 10, effective August 7.
Editor's note: This section is similar to former § 12-54.5-107 as it existed prior to 2019.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 12-140-108
What does Colorado Revised Statutes § 12-140-108 cover?
Section 12-140-108 ("Violations and penalties - private civil right of action.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 12-140-108?
A common citation format is "Colorado Revised Statutes § 12-140-108" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 12-140-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.