Colorado § 18-5-206 - Defrauding a secured creditor or debtor.

§ 18-5-206. Defrauding a secured creditor or debtor.

(1) If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest, the person commits:

(a) (Deleted by amendment, L. 2007, p. 1694, § 9, effective July 1, 2007.)

(b) Repealed.

(b.5) (Deleted by amendment, L. 2014.)

(c) A petty offense if the value of the collateral is less than three hundred dollars;

(d) A class 2 misdemeanor if the value of the collateral is three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the value of the collateral is one thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the value of the collateral is two thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the value of the collateral is five thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the value of the collateral is twenty thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the value of the collateral is one hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the value of the collateral is one million dollars or more.

(2) If a creditor, with intent to defraud a debtor, sells, assigns, transfers, conveys, pledges, buys, or encumbers a promissory note or contract signed by the debtor, the creditor commits:

(a) (Deleted by amendment, L. 2007, p. 1694, § 9, effective July 1, 2007.)

(b) Repealed.

(b.5) (Deleted by amendment, L. 2014.)

(c) A petty offense if the amount owing on the note or contract is less than three hundred dollars;

(d) A class 2 misdemeanor if the amount owing on the note or contract is three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the amount owing on the note or contract is one thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the amount owing on the note or contract is two thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the amount owing on the note or contract is five thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the amount owing on the note or contract is twenty thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the amount owing on the note or contract is one hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the amount owing on the note or contract is one million dollars or more.

Source: L. 71: R&RE, p. 440, § 1. C.R.S. 1963: § 40-5-206. L. 75: Entire section amended, p. 620, § 14, effective July 21. L. 77: Entire section R&RE, p. 975, § 6, effective July 1. L. 84: (1)(b), (1)(c), (2)(b), and (2)(c) amended, p. 538, § 13, effective July 1, 1985. L. 89: (1)(c) and (2)(c) amended, p. 835, § 56, effective July 1. L. 92: Entire section amended, p. 436, § 7, effective April 10. L. 98: (1)(b), (1)(c), (2)(b), and (2)(c) amended, p. 1439, § 16, effective July 1; (1)(b), (1)(c), (2)(b), and (2)(c) amended, p. 796, § 7, effective July 1. L. 2007: Entire section amended, p. 1694, § 9, effective July 1. L. 2014: (1) and (2) amended, (HB 14-1266), ch. 155, p. 536, § 3, effective August 6. L. 2021: (1)(c), (1)(d), (1)(e), (2)(c), (2)(d), and (2)(e) amended, (SB 21-271), ch. 462, p. 3184, § 236, effective March 1, 2022; (1)(b)(II) and (2)(b)(II) added by revision, (SB 21-271), ch. 462, pp. 3184, 3331, §§ 236, 803.

Editor's note: Subsections (1)(b)(II) and (2)(b)(II) provided for the repeal of subsections (1)(b) and (2)(b), respectively, effective March 1, 2022. (See L. 2021 pp. 3184, 3331.)

Cross references: For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 384, Session Laws of Colorado 2007.

ANNOTATION

Law reviews. For article, "One Year Review of Criminal Law and Procedure", see 36 Dicta 34 (1959).

This section applies to any valid security interest, perfected or not. People v. Armijo, 197 Colo. 91, 589 P.2d 935 (1979).

Applied in People v. Brigner, 978 P.2d 163 (Colo. App. 1999).