§ 18-5-206 — Defrauding a secured creditor or debtor

(1) If a person, with
intent to defraud a creditor by defeating, impairing, or rendering worthless or
unenforceable any security interest, sells, assigns, transfers, conveys, pledges,
encumbers, conceals, destroys, or disposes of any collateral subject to a security
interest, the person commits:

(a) (Deleted by amendment, L. 2007, p. 1694, � 9, effective July 1, 2007.)

(b) Repealed.

(b.5) (Deleted by amendment, L. 2014.)

(c) A petty offense if the value of the collateral is less than three hundred
dollars;

(d) A class 2 misdemeanor if the value of the collateral is three hundred
dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the value of the collateral is one thousand
dollars or more but less than two thousand dollars;

(f) A class 6 felony if the value of the collateral is two thousand dollars or
more but less than five thousand dollars;

(g) A class 5 felony if the value of the collateral is five thousand dollars or
more but less than twenty thousand dollars;

(h) A class 4 felony if the value of the collateral is twenty thousand dollars or
more but less than one hundred thousand dollars;

(i) A class 3 felony if the value of the collateral is one hundred thousand
dollars or more but less than one million dollars; and

(j) A class 2 felony if the value of the collateral is one million dollars or more.

(2) If a creditor, with intent to defraud a debtor, sells, assigns, transfers,
conveys, pledges, buys, or encumbers a promissory note or contract signed by the
debtor, the creditor commits:

(a) (Deleted by amendment, L. 2007, p. 1694, � 9, effective July 1, 2007.)

(b) Repealed.

(b.5) (Deleted by amendment, L. 2014.)

(c) A petty offense if the amount owing on the note or contract is less than
three hundred dollars;

(d) A class 2 misdemeanor if the amount owing on the note or contract is
three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the amount owing on the note or contract is one
thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the amount owing on the note or contract is two
thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the amount owing on the note or contract is five
thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the amount owing on the note or contract is twenty
thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the amount owing on the note or contract is one
hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the amount owing on the note or contract is one million
dollars or more.

Legislative History

Source: L. 71: R&RE, p. 440, � 1. C.R.S. 1963: � 40-5-206. L. 75: Entire section amended, p. 620, � 14, effective July 21. L. 77: Entire section R&RE, p. 975, � 6, effective July 1. L. 84: (1)(b), (1)(c), (2)(b), and (2)(c) amended, p. 538, � 13, effective July 1, 1985. L. 89: (1)(c) and (2)(c) amended, p. 835, � 56, effective July 1. L. 92: Entire section amended, p. 436, � 7, effective April 10. L. 98: (1)(b), (1)(c), (2)(b), and (2)(c) amended, p. 1439, � 16, effective July 1; (1)(b), (1)(c), (2)(b), and (2)(c) amended, p. 796, � 7, effective July 1. L. 2007: Entire section amended, p. 1694, � 9, effective July 1. L. 2014: (1) and (2) amended, (HB 14-1266), ch. 155, p. 536, � 3, effective August 6. L. 2021: (1)(c), (1)(d), (1)(e), (2)(c), (2)(d), and (2)(e) amended, (SB 21-271), ch. 462, p. 3184, � 236, effective March 1, 2022; (1)(b)(II) and (2)(b)(II) added by revision, (SB 21-271), ch. 462, pp. 3184, 3331, �� 236, 803.