Colorado § 18-15-104 Engaging in criminal usury

Colorado Statutes

§ 18-15-104 — Engaging in criminal usury

Colorado·Title 18 Criminal·Art. Offenses - Making, Financing,

(1)Any person who knowingly charges, takes, or receives any money or other property as a loan finance charge where the charge exceeds an annual percentage rate of forty-five percent or the equivalent for a longer or shorter period commits the crime of criminal usury, which is a class 6 felony.

(2)It is an affirmative defense to criminal usury for a person, or his agent or assignee, who charges, takes, or receives money or property as a loan finance charge in excess of an annual percentage rate of forty-five percent in either of the following circumstances:

(a)That at the time of making the loan finance charge it could not have been determined by a mathematical computation that the annual percentage rate would exceed an annual percentage rate of forty-five percent;

(b)That t

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(1) Any person who knowingly
charges, takes, or receives any money or other property as a loan finance charge
where the charge exceeds an annual percentage rate of forty-five percent or the
equivalent for a longer or shorter period commits the crime of criminal usury, which
is a class 6 felony.

(2) It is an affirmative defense to criminal usury for a person, or his agent or
assignee, who charges, takes, or receives money or property as a loan finance
charge in excess of an annual percentage rate of forty-five percent in either of the
following circumstances:

(a) That at the time of making the loan finance charge it could not have been
determined by a mathematical computation that the annual percentage rate would
exceed an annual percentage rate of forty-five percent;

(b) That the loan finance charge was not in excess of an annual percentage
rate of forty-five percent when the rate of the finance charge was calculated on the
unpaid balance of the debt on the assumption that the debt is to be paid according
to its terms and is not paid before the end of the agreed term.

(3) The affirmative defenses referred to in subsection (2) of this section shall
only apply when the provisions relating to the loan finance charge are set forth in a
written agreement signed by all the parties and such written agreement is
submitted to the court and the district attorney at least ten days prior to trial.

(4) This section shall not apply to:

(a) Charges and fees permitted by articles 1 to 6 of title 5, C.R.S., or charges
and fees that are similar to such charges and fees and are specifically authorized
by law;

(b) Credit card charges and fees not exceeding those permitted for
consumer transactions under articles 1 to 6 of title 5, C.R.S., when imposed upon or
collected from a person or in a transaction not subject to said provisions;

(c) A reverse mortgage as defined in section 11-38-102, C.R.S.; and

(d) Additional interest charges permitted by section 5-12-107 (3), C.R.S.

Colorado § 18-15-104 (Engaging in criminal usury) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: p. 290, � 3. C.R.S. 1963: � 40-15-104. L. 89: (1) amended, p. 843, � 103, effective July 1. L. 92: (4) amended, p. 944, � 3, effective April 23. L. 94: (4)(a) amended, p. 1613, � 15, effective July 1. L. 96: (4)(b) and (4)(c) amended and (4)(d) added, p. 412, � 15, effective July 1.