Section 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.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.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.Amended by 2021 Ch. 462, § 236, eff. 3/1/2022.Amended by 2014 Ch. 155, § 3, eff. 8/6/2014.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. 536, 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. 3184, 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.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 384, Session Laws of Colorado 2007.