§ 11-59-115 — Criminal and civil penalties and damages

(1) Any person who
willfully violates the provisions of section 11-59-112 commits a class 3 felony and
shall be punished as provided in section 18-1.3-401, C.R.S.

(2) Any person who willfully violates any of the provisions of this article 59,
other than section 11-59-112, or any rule or order under this article 59 commits a
petty offense and shall be punished as provided in section 18-1.3-503, and any
second violation of this section shall be punishable by a civil penalty of fifty dollars
per day to a maximum penalty of one thousand dollars.

(3) Conviction of violation of any provision of this article under this section
shall also establish a prima facie case for liability for civil damages by any person
injured thereby.

(4) The securities commissioner may refer such evidence as is available to
the securities commissioner under authority of this article concerning any violation
which constitutes the commission of any felony or misdemeanor to the attorney
general or the appropriate district attorney, who may, with or without such a
reference, prosecute the appropriate criminal proceedings under this article or
otherwise as authorized by law, or the securities commissioner may refer such
evidence to the United States attorney.

(5) Nothing in this article limits the power of the state to punish any person
for any conduct which constitutes a crime by statute.

(6) No person shall be prosecuted, tried, or punished for any criminal
violation of this article unless the indictment, information, complaint, or action for
the same is found or instituted within five years after the commission of the
offense.

Legislative History

Source: L. 91: Entire article added, p. 2419, � 1, effective January 1, 1992. L. 2002: (1) and (2) amended, p. 1472, � 45, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3152, � 130, effective March 1, 2022.