Colorado § 18-17-103 Definitions

Colorado Statutes

§ 18-17-103 — Definitions

Colorado·Title 18 Criminal·Art. Colorado Organized Crime

As used in this article 17, unless the context otherwise requires:

(1)Documentary material means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other functionally similar tangible item.

(2)Enterprise means any individual, sole proprietorship, partnership, corporation, trust, or other legal entity or any chartered union, association, or group of individuals, associated in fact although not a legal entity, and shall include illicit as well as licit enterprises and governmental as well as other entities.

(3)Pattern of racketeering activity means engaging in at least two acts of racke

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As used in this article 17, unless the context
otherwise requires:

(1) Documentary material means any book, paper, document, writing,
drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout,
other data compilation from which information can be obtained or from which
information can be translated into usable form, or other functionally similar
tangible item.

(2) Enterprise means any individual, sole proprietorship, partnership,
corporation, trust, or other legal entity or any chartered union, association, or group
of individuals, associated in fact although not a legal entity, and shall include illicit
as well as licit enterprises and governmental as well as other entities.

(3) Pattern of racketeering activity means engaging in at least two acts of
racketeering activity which are related to the conduct of the enterprise, if at least
one of such acts occurred in this state after July 1, 1981, and if the last of such acts
occurred within ten years (excluding any period of imprisonment) after a prior act of
racketeering activity.

(4) Person means any individual or entity holding or capable of holding a
legal or beneficial interest in property.

(5) Racketeering activity means to commit, to attempt to commit, to
conspire to commit, or to solicit, coerce, or intimidate another person to commit:

(a) Any conduct defined as racketeering activity under 18 U.S.C. 1961 (1)(A),
(1)(B), (1)(C), and (1)(D); or

(b) Any violation of the following provisions of the Colorado statutes or any
criminal act committed in any jurisdiction of the United States that, if committed in
this state, would be a crime under the following provisions of the Colorado statutes:

(I) Offenses against the person, as defined in sections 18-3-102 (first degree
murder), 18-3-103 (second degree murder), 18-3-104 (manslaughter), 18-3-202 (first
degree assault), 18-3-203 (second degree assault), 18-3-204 (third degree assault),
18-3-206 (menacing), 18-3-207 (criminal extortion), 18-3-301 (first degree
kidnapping), 18-3-302 (second degree kidnapping), 18-3-503 (human trafficking for
involuntary servitude), and 18-3-504 (human trafficking for sexual servitude);

(II) Offenses against property, as defined in sections 18-4-102 (first degree
arson), 18-4-103 (second degree arson), 18-4-104 (third degree arson), 18-4-105
(fourth degree arson), 18-4-202 (first degree burglary), 18-4-203 (second degree
burglary), 18-4-301 (robbery), 18-4-302 (aggravated robbery), 18-4-401 (theft), 18-4-409 (motor vehicle theft), 18-4-409.5 (unauthorized use of a motor vehicle), and 18-4-501 (criminal mischief);

(III) Offenses involving cybercrime, as defined in article 5.5 of this title 18;

(IV) Offenses involving fraud, as defined in sections 18-5-102 (forgery), 18-5-104 (second degree forgery), 18-5-105 (criminal possession of forged instrument),
18-5-109 (criminal possession of forgery devices), 18-5-110.5 (trademark
counterfeiting), 6-16-111, C.R.S., (felony charitable fraud), 18-5-206 (defrauding a
secured creditor or debtor), 18- 5-309 (money laundering), 18-5-403 (bribery in
sports), 18-5-113 (criminal impersonation), 18-5-114 (offering a false document for
recording), 18-5-702 (unauthorized use of a financial transaction device), 18-5-705
(criminal possession or sale of a blank financial transaction device), 18-5-706
(criminal possession of forgery devices), 18-5-707 (unlawful manufacture of a
financial transaction device), 18-5-902 (identity theft), 18-5-903 (criminal
possession of a financial device), 18-5-903.5 (criminal possession of an
identification document), 18-5-904 (gathering identity information by deception),
and 18-5-905 (possession of identity theft tools);

(V) Offenses involving the family relation, as defined in section 18-6-403
(sexual exploitation of children);

(VI) Offenses relating to morals, as defined in sections 18-7-102 (wholesale
promotion of obscenity or promotion of obscenity), 18-7-203 (pandering), 18-7-206
(pimping), 18-7-402 (soliciting for child prostitution), 18-7-403 (pandering of a
child), 18-7-404 (keeping a place of child prostitution), and 18-7-405 (pimping of a
child);

(VII) Offenses involving governmental operations, as defined in sections 18-8-302 (bribery), 18-8-303 (compensation for past official behavior), 18-8-306
(attempt to influence a public servant), 18-8-402 (misuse of official information), 18-8-502 (first degree perjury), 18-8-503 (second degree perjury), 18-8-603 (bribe-receiving by a witness), 18-8-606 (bribing a juror), 18-8-608 (intimidating a juror),
18-8-609 (jury-tampering), 18-8-610 (tampering with physical evidence), 18-8-703
(bribing a witness or victim), 18-8-704 (intimidating a witness or victim), and 18-8-707 (tampering with a witness or victim);

(VIII) Offenses against public peace, order, and decency, as defined in
sections 18-9-303 (prohibited wiretapping) and 18-9-304 (prohibited
eavesdropping);

(IX) Gambling, as defined in sections 18-10-103 (2) (professional gambling),
18-10-105 (possession of a gambling device or record), 18-10-106 (transmission of
receipt of gambling information), and 18-10-107 (maintaining gambling premises);

(X) Offenses relating to firearms and weapons, as defined in sections 18-12-102 (possessing an illegal weapon or a dangerous weapon), 18-12-107.5 (illegal
discharge of a firearm), and 18-12-109 (possession, use, or removal of explosives or
incendiary devices or the possession of components thereof);

(XI) Offenses involving the making, financing, or collection of loans, as
defined in sections 18-15-102 (extortionate extension of credit), 18-15-104
(engaging in criminal usury), 18-15-105 (financing extortionate extensions of credit),
18-15-106 (financing criminal usury), 18-15-107 (collection of extensions of credit by
extortionate means), and 18-15-108 (possession or concealment of records of
criminal usury);

(XII) Fraud upon the department of revenue, as defined in section 39-21-118,
C.R.S.;

(XIII) Securities offenses, as defined in sections 11-51-401 and 11-51-603
(registration of brokers and dealers), 11-51-301 and 11-51-603 (registration of
securities), and 11-51-501 and 11-51-603 (fraud and other prohibited practices),
C.R.S.;

(XIV) Offenses relating to controlled substances (part 1 of article 280 of title
12, part 2 of article 80 of title 27, and article 18 of this title 18);

(XV) Offenses relating to taxation, as defined in section 39-22-621, C.R.S.;

(XVI) Offenses relating to limited gaming, as defined in article 20 of this title
18 or article 30 of title 44; and

(XVII) Offenses relating to telecommunications crime as set forth in section
18-9-309.

(6) Unlawful debt means a debt incurred or contracted in an illegal
gambling activity or business or which is unenforceable under state or federal law
in whole or in part as to principal or interest because of the law relating to usury.

Colorado § 18-17-103 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 81: Entire article added, p. 1015, � 1, effective July 1; (5)(b)(XIV) amended, p. 2032, � 48, effective July 14. L. 82: (5)(b)(XIII) amended, p. 623, � 19, effective April 2; (5)(b)(II) amended, p. 254, � 11, effective May 3. L. 83: (5)(b)(VI) and (5)(b)(X) amended, p. 2048, ��5, 6, effective October 14. L. 84: (5)(b)(VII) amended, p. 503, � 6, effective July 1. L. 88: (5)(b)(IV) amended, p. 358, � 2, effective July 1. L. 90: (5)(b)(II) amended, p. 987, � 12, effective April 24; (5)(b)(XIII) amended, p. 740, � 4, effective July 1. L. 91: (5)(b)(XVI) added, p. 1582, � 10, effective June 4. L. 93: (5)(b)(X) amended, p. 969, � 3, effective July 1. L. 95: (5)(b)(IV) amended, p. 1256, � 21, effective July 1. L. 97: (5)(b)(XVII) added, p. 991, � 3, effective July 1. L. 2000: (5)(b)(IV) amended, p. 692, � 2, effective July 1. L. 2001: (5)(b)(IV) amended, p. 769, � 4, effective August 8. L. 2006: (5)(b)(IV) amended, p. 1323, � 9, effective July 1. L. 2009: (5)(b)(IV) amended, (SB 09-093), ch. 326, p. 1738, � 4, effective July 1, 2011. L. 2010: (5)(b)(I) amended, (SB 10-140), ch. 156, p. 536, � 2, effective April 21; (5)(b)(IV) amended, (HB 10-1081), ch. 256, p. 1140, �� 2, 3, effective August 11. L. 2012: (5)(b)(XIV) amended, (HB 12-1311), ch. 281, p. 1620, � 50, effective July 1. L. 2013: (5)(b)(II), (HB 13-1160), ch. 373, p. 2200, � 11, effective June 5. L. 2014: (5)(b)(I) amended, (HB 14-1273), ch. 282, p. 1156, � 19, effective July 1. L. 2018: IP and (5)(b)(III) amended, (HB 18-1200), ch. 379, p. 2293, � 6, effective August 8; IP and (5)(b)(XVI) amended, (SB 18-034), ch. 14, p. 240, � 14, effective October 1. L. 2019: (5)(b)(XIV) amended, (HB 19-1172), ch. 136, p. 1677, � 101, effective October 1. L. 2023: (5)(b)(II) amended, (SB 23-097), ch. 309, p. 1888, � 3, effective July 1; IP(5)(b) and (5)(b)(II) amended, (HB 23-1293), ch. 298, p. 1794, � 54, effective October 1.