Colorado § 16-13-301 Definitions

Colorado Statutes

§ 16-13-301 — Definitions

Colorado·Title 16 Criminal·Art. Special Proceedings

As used in this part 3, unless the context otherwise requires:

(1)Action to abate a public nuisance means any action authorized by this part 3 to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public nuisance.

(2)Building means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, including any house, office building, store, warehouse, or structure of any kind, whether or not such building is permanently affixed to the ground upon which it is situate, and any trailer, semitrailer, trailer coach, mobile home, or other vehicle designed or used for occupancy by persons for any purpose. (2.1) Conviction means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted

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As used in this part 3, unless the context otherwise
requires:

(1) Action to abate a public nuisance means any action authorized by this
part 3 to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public
nuisance.

(2) Building means a structure which has the capacity to contain, and is
designed for the shelter of, man, animals, or property, including any house, office
building, store, warehouse, or structure of any kind, whether or not such building is
permanently affixed to the ground upon which it is situate, and any trailer,
semitrailer, trailer coach, mobile home, or other vehicle designed or used for
occupancy by persons for any purpose.

(2.1) Conviction means a verdict of guilty by a judge or jury or a plea of
guilty or nolo contendere that is accepted by the court or adjudication for an
offense that would constitute a criminal offense if committed by an adult.

(2.2) Drive-by crime means a first degree assault as defined in section 18-3-202, C.R.S., second degree assault as defined in section 18-3-203, C.R.S.,
attempted first degree or second degree assault, felony menacing as defined in
section 18-3-206, C.R.S., or illegal discharge of a firearm as defined in section 18-12-107.5, C.R.S., any of which is committed while utilizing a vehicle for means of
concealment or transportation.

(2.3) Instrumental means a substantial connection exists between the
property and the public nuisance act.

(2.4) Proceeds traceable or traceable proceeds means all property, real
and personal, corporeal and incorporeal, which is proceeds attributable to, derived
from, or realized through, directly or indirectly, a public nuisance act, whether
proved by direct, circumstantial, or documentary evidence. There shall be no
requirement of showing a trail of documentary evidence to trace proceeds provided
that the standard of proof by clear and convincing evidence is met.

(2.5) Public nuisance act means any of the crimes, offenses, or violations
set forth in section 16-13-303 (1)(a) to (1)(n), regardless of the location where the act
occurred.

(2.6) Real property means all lands and franchises and interests in land
located within this state, including water rights, mineral rights, oil and gas rights,
space rights, condominium rights, and air rights, and any and all other things
usually included within said term. Real property includes any and all interests in
such property less than full title, such as easements, incorporeal hereditaments,
and every estate, interest, or right, legal or equitable.

(2.7) Seizing agency means any agency that is charged with the
enforcement of the laws of this state, of any other state, or of the United States and
that has participated in a seizure or has been substantially involved in effecting a
forfeiture through the development of evidence underlying the claim for forfeiture
or through legal representation pursuant to this part 3. The department of
corrections, the division of parks and wildlife in the department of natural
resources, and a multijurisdictional law enforcement task force shall be deemed to
be included under this definition.

(3) Vehicle means any device of conveyance capable of moving itself or of
being moved from place to place upon wheels or track or by water or air, whether or
not intended for the transport of persons or property, and includes any place
therein adapted for overnight accommodation of persons or animals or for the
carrying on of business.

Colorado § 16-13-301 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 259, � 1. C.R.S. 1963: � 39-13-301. L. 73: p. 236, � 12. L. 75: (2) amended, p. 1466, � 7, effective July 18. L. 81: (2) amended and (3) added, p. 954, � 1, effective July 1. L. 83: (2.5) added, p. 683, � 1, effective July 1. L. 87: (2.3) and (2.7) added, p. 630, � 1, effective July 1. L. 89: (2.2) added, p. 875, � 7, effective June 5. L. 92: (2.3) amended, p. 2171, � 19, effective June 2. L. 93: (2.2) amended, p. 969, � 4, effective July 1. L. 95: (2.7) amended, p. 872, � 4, effective May 24. L. 96: (2.7) amended, p. 375, � 1, effective April 17. L. 2000: (2.3) amended, p. 1108, � 5, effective August 2. L. 2002: (2.1) and (2.4) added and (2.3) and (2.7) amended, p. 916, � 1, effective July 1. L. 2003: (2.4) and (2.5) amended and (2.6) added, p. 903, � 14, effective July 1.