Colorado § 18-13-109 Firing woods or prairie

Colorado Statutes

§ 18-13-109 — Firing woods or prairie

Colorado § 18-13-109

Title 18Criminal

Art.Miscellaneous Offenses

This text of Colorado § 18-13-109 (Firing woods or prairie) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 18-13-109 (2026).

Text

(1)(a) Except as otherwise provided in subsection (2) of this section, any person who, without lawful authority and knowingly, recklessly, or with criminal negligence, sets on fire, or causes to be set on fire, any woods, prairie, or grounds of any description, other than his or her own, or who, knowingly, recklessly, or with criminal negligence, permits a fire, set or caused to be set by such person, to pass from his or her own grounds to the injury of any other person commits a petty offense.

(b)Any person convicted under paragraph (a) of this subsection (1) shall be assessed a fine of not less than two hundred fifty dollars and not greater than one thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and not subject to suspension. Nothing in this parag

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(1) (a) Except as otherwise provided in
subsection (2) of this section, any person who, without lawful authority and
knowingly, recklessly, or with criminal negligence, sets on fire, or causes to be set
on fire, any woods, prairie, or grounds of any description, other than his or her own,
or who, knowingly, recklessly, or with criminal negligence, permits a fire, set or
caused to be set by such person, to pass from his or her own grounds to the injury
of any other person commits a petty offense.

(b) Any person convicted under paragraph (a) of this subsection (1) shall be
assessed a fine of not less than two hundred fifty dollars and not greater than one
thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and
not subject to suspension. Nothing in this paragraph (b) shall be construed to limit
the court's discretion in exercising other available sentencing alternatives in
addition to the mandatory fine.

(2) (a) Any person who knowingly violates paragraph (a) of subsection (1) of
this section and who knows or reasonably should know that he or she violates any
applicable order, rule, or regulation lawfully issued by a governmental authority
that prohibits, bans, restricts, or otherwise regulates fires during periods of
extreme fire hazard and that is designed to promote the safety of persons and
property, commits a class 6 felony.

(b) The following activities do not constitute offenses under this subsection
(2):

(I) Open burning lawfully conducted in the course of agricultural operations;

(II) State, municipality, or county fire management operations;

(III) Lawfully conducted prescribed or controlled burns;

(IV) Lawful activities conducted pursuant to rules, regulations, or policies
adopted by the relevant state, tribal, or federal regulatory agency or agencies.

Legislative History

Source: L. 71: R&RE, p. 484, � 1. C.R.S. 1963: � 40-13-109. L. 75: Entire section amended, p. 211, � 29, effective July 16. L. 77: Entire section amended, p. 971, � 66, effective July 1. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 37, � 2, effective July 17. L. 2013: IP(2)(b) and (2)(b)(III) amended, (SB 13-083), ch. 249, p. 1308, � 9, effective May 23. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3214, � 361, effective March 1, 2022.