Colorado § 18-8-501 Definitions

Colorado Statutes

§ 18-8-501 — Definitions

Colorado·Title 18 Criminal·Art. Offenses - Governmental Operations

The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:

(1)Materially false statement means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.

(2)(a) Oath includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:

(I)The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; o

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The definitions in sections 18-8-101 and 18-8-301 are
applicable to this part 5, and, in addition to those definitions:

(1) Materially false statement means any false statement, regardless of its
admissibility under the rules of evidence, which could have affected the course or
outcome of an official proceeding, or the action or decision of a public servant, or
the performance of a governmental function.

(2) (a) Oath includes an affirmation and every other mode authorized by law
of attesting to the truth of that which is stated. For the purposes of this section,
written statements shall also be treated as if made under oath if:

(I) The statement was made on or pursuant to a form bearing notice,
authorized by law, to the effect that false statements made therein are punishable;
or

(II) The statement recites that it was made under oath, the declarant was
aware of such recitation at the time he made the statement and intended that the
statement should be represented as a sworn statement, and the statement was in
fact so represented by its delivery or utterance with the signed jurat of an officer
authorized to administer oaths appended thereto; or

(III) The statement is made, used, or offered with the intent that it be
accepted as compliance with a statute, rule, or regulation which requires a
statement under oath or other like form of attestation to the truth of the matter
contained in the statement; or

(IV) The statement meets the requirements for an unsworn declaration under
the Uniform Unsworn Declarations Act, article 27 of title 13.

(b) An oath is required or authorized by law when the use of the oath is
specifically provided for by statute, court rule, or appropriate regulatory provision.

(3) Official proceeding means a proceeding heard before any legislative,
judicial, administrative, or other government agency, or official authorized to hear
evidence under oath, including any magistrate, hearing examiner, commissioner,
notary, or other person taking testimony or depositions in any such proceedings.

Colorado § 18-8-501 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 71: R&RE, p. 462, � 1. C.R.S. 1963: � 40-8-501. L. 91: (3) amended, p. 360, � 23, effective April 9. L. 96: (1) amended, p. 738, � 11, effective July 1. L. 2009: (2) amended, (HB 09-1190), ch. 115, p. 485, � 2, effective August 5. L. 2017: (2)(a)(IV) amended, (SB 17-154), ch. 130, p. 442, � 5, effective August 9. L. 2018: (2)(a)(IV) amended, (SB 18-032), ch. 8, p. 156, � 10, effective October 1.