Colorado § 35-43-128 - Theft of certain animals - penalty.

§ 35-43-128. Theft of certain animals - penalty.

Any person who commits theft of, or knowingly kills, sells, drives, leads, transports, or rides away, or in any manner deprives the owner of the immediate possession of any cattle, horses, mules, sheep, goats, swine, or asses, either live or slaughtered, or any portion of the slaughtered carcass thereof, or any person who commits theft of, or knowingly kills, sells, drives, leads, transports, or rides away, or in any manner applies to the person's own use any cattle, horses, mules, goats, sheep, asses, or swine, either live or slaughtered, or any portion of the slaughtered carcass thereof, the owner of which is unknown, or any person who knowingly purchases from anyone not having the lawful right to sell and dispose of the same any cattle, horses, mules, sheep, goats, swine, or asses, either live or slaughtered, or any portion of the slaughtered carcass thereof, commits a class 4 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

Source: L. 68: p. 41, § 1. C.R.S. 1963: § 8-2-39. L. 77: Entire section amended, p. 883, § 61, effective July 1, 1979. L. 89: Entire section amended, p. 848, § 128, effective July 1. L. 94: Entire section amended, p. 1724, § 26, effective July 1. L. 2002: Entire section amended, p. 1550, § 321, 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

Culpable mental state is essential element of the crime defined by this section. People v. Burns, 197 Colo. 284, 593 P.2d 351 (1979).

But elements of common-law theft not necessarily required. The fact that the crime is entitled theft of animals does not require that the elements of common-law theft be included in the crime. People v. Burns, 197 Colo. 284, 593 P.2d 351 (1979).

Distinction from general theft constitutional. The distinction made by the general assembly, in enacting this section, between a general theft and theft of animals is not arbitrary or unreasonable, rather, it displays a legitimate legislative judgment; thus, there is no violation of equal protection in providing different penalties for the two different thefts. People v. Burns, 197 Colo. 284, 593 P.2d 351 (1979).

Applied in Spann v. People, 193 Colo. 53, 561 P.2d 1268 (1977).