Colorado § 16-13-301 - Definitions.

§ 16-13-301. Definitions.

As used in this part 3, unless the context otherwise requires:

(1) "Action to abate a public nuisance" means any action authorized by this part 3 to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public nuisance.

(2) "Building" means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, including any house, office building, store, warehouse, or structure of any kind, whether or not such building is permanently affixed to the ground upon which it is situate, and any trailer, semitrailer, trailer coach, mobile home, or other vehicle designed or used for occupancy by persons for any purpose.

(2.1) "Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or adjudication for an offense that would constitute a criminal offense if committed by an adult.

(2.2) "Drive-by crime" means a first degree assault as defined in section 18-3-202, C.R.S., second degree assault as defined in section 18-3-203, C.R.S., attempted first degree or second degree assault, felony menacing as defined in section 18-3-206, C.R.S., or illegal discharge of a firearm as defined in section 18-12-107.5, C.R.S., any of which is committed while utilizing a vehicle for means of concealment or transportation.

(2.3) "Instrumental" means a substantial connection exists between the property and the public nuisance act.

(2.4) "Proceeds traceable" or "traceable proceeds" means all property, real and personal, corporeal and incorporeal, which is proceeds attributable to, derived from, or realized through, directly or indirectly, a public nuisance act, whether proved by direct, circumstantial, or documentary evidence. There shall be no requirement of showing a trail of documentary evidence to trace proceeds provided that the standard of proof by clear and convincing evidence is met.

(2.5) "Public nuisance act" means any of the crimes, offenses, or violations set forth in section 16-13-303 (1)(a) to (1)(n), regardless of the location where the act occurred.

(2.6) "Real property" means all lands and franchises and interests in land located within this state, including water rights, mineral rights, oil and gas rights, space rights, condominium rights, and air rights, and any and all other things usually included within said term. "Real property" includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable.

(2.7) "Seizing agency" means any agency that is charged with the enforcement of the laws of this state, of any other state, or of the United States and that has participated in a seizure or has been substantially involved in effecting a forfeiture through the development of evidence underlying the claim for forfeiture or through legal representation pursuant to this part 3. The department of corrections, the division of parks and wildlife in the department of natural resources, and a multijurisdictional law enforcement task force shall be deemed to be included under this definition.

(3) "Vehicle" means any device of conveyance capable of moving itself or of being moved from place to place upon wheels or track or by water or air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business.

Source: L. 72: R&RE, p. 259, § 1. C.R.S. 1963: § 39-13-301. L. 73: p. 236, § 12. L. 75: (2) amended, p. 1466, § 7, effective July 18. L. 81: (2) amended and (3) added, p. 954, § 1, effective July 1. L. 83: (2.5) added, p. 683, § 1, effective July 1. L. 87: (2.3) and (2.7) added, p. 630, § 1, effective July 1. L. 89: (2.2) added, p. 875, § 7, effective June 5. L. 92: (2.3) amended, p. 2171, § 19, effective June 2. L. 93: (2.2) amended, p. 969, § 4, effective July 1. L. 95: (2.7) amended, p. 872, § 4, effective May 24. L. 96: (2.7) amended, p. 375, § 1, effective April 17. L. 2000: (2.3) amended, p. 1108, § 5, effective August 2. L. 2002: (2.1) and (2.4) added and (2.3) and (2.7) amended, p. 916, § 1, effective July 1. L. 2003: (2.4) and (2.5) amended and (2.6) added, p. 903, § 14, effective July 1.

Editor's note: Subsection (2.3) was amended by section 1 of chapter 244, Session Laws of Colorado 2002, resulting in a new definition being added as subsection (2.3). The former subsection (2.3) was relocated by the same act to subsection (2.4).

ANNOTATION

To the extent § 42-6-108 and this article are inconsistent in the context of civil forfeiture proceedings, the specific provisions contained in the forfeiture statute prevail and the timing of the delivery of the certificate of title was not dispositive. People v. One 1968 Chevrolet 2-Door, 895 P.2d 1177 (Colo. App. 1995).

Applied in Barker v. District Court, 199 Colo. 416, 609 P.2d 628 (1980); People v. Taube, 843 P.2d 79 (Colo. App. 1992).