Colorado § 34-53-104 - Failure to account - penalty.
Full text of Colorado Colorado Revised Statutes § 34-53-104 — Failure to account - penalty., with citation guidance and answers to common questions.
§ 34-53-104. Failure to account - penalty.
The owner, manager, or agent of any species of quartz mill, arrastra mill, furnace, or cupel, employed in extracting gold from quartz, pyrites, or other minerals, who neglects or refuses to account for, or pay over and deliver, all the proceeds thereof to the owner of such quartz, pyrites, or other mineral, excepting such portion of said proceeds as he or she is entitled to in return for his or her services, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Source: R.S. p. 232, § 165. G.L. § 765. G.S. § 887. R.S. 08: § 4242. C.L. § 3356. CSA: C. 110, § 249. CRS 53: § 92-30-4. C.R.S. 1963: § 92-30-4. L. 77: Entire section amended, p. 882, § 60, effective July 1, 1979. L. 89: Entire section amended, p. 848, § 125, effective July 1. L. 2002: Entire section amended, p. 1547, § 303, effective October 1.
Editor's note: The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 54 (1980).
Cross references: For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
This section does not cover failure to pay price of ore purchased at agreed price, as such a construction would bring the section into conflict with § 12 of art. II, Colo. Const, relating to imprisonment for debt. Robinson v. Aetna Cas. & Sur. Co., 99 Colo. 150, 60 P.2d 927 (1936).
Operation of this section is confined to failure to account for and pay over to owner proceeds of ore delivered for treatment. Robinson v. Aetna Cas. & Sur. Co., 99 Colo. 150, 60 P.2d 927 (1936).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 34-53-104
What does Colorado Revised Statutes § 34-53-104 cover?
Section 34-53-104 ("Failure to account - penalty.") 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 § 34-53-104?
A common citation format is "Colorado Revised Statutes § 34-53-104" (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 § 34-53-104 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.