§ 18-9-208 — Forfeiture of animals

Colorado § 18-9-208

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against Public Peace,

Text

(1) Upon the motion of the prosecuting
attorney or upon the court's own motion, after the conviction of a defendant for
cruelty to animals as described in section 18-9-202, or for animal fighting as
described in section 18-9-204, the court may order the forfeiture of any animal
owned by or in the custody of the defendant that:

(a) Was abused, neglected, mistreated, injured, or used by the defendant
during the course of the criminal episode that gave rise to such conviction;

(b) Participated in or was affected by any act set forth in section 18-9-204
(1).

(2) (a) If an animal is the subject of a motion made under subsection (1) of this
section and is not owned by the defendant, the court may nevertheless enter an
order of forfeiture of the animal if the court finds that:

(I) The animal was abandoned prior to the criminal episode described in
subsection (1) of this section;

(II) The owner of the animal is unknown; or

(III) The owner of the animal is known but cannot be located.

(b) Any person who contests a motion brought under this section shall
establish such person's standing as a true owner of the animal. The factors to be
considered by the court in determining whether such person is a true owner shall
include, but shall not be limited to, the following:

(I) Whether the person was the primary user, custodian, or possessor of the
animal;

(II) Whether there is evidence that ownership of the animal is vested in the
person;

(III) Whether consideration was paid for the purchase of the animal, and, if
so, how much of the consideration was furnished by the person.

(c) If the court determines that a person other than the defendant is the true
owner of the animal, the court may not enter an order forfeiting the animal under
this section unless the court finds:

(I) The true owner was involved in the criminal episode described in
subsection (1) of this section;

(II) The true owner knew or reasonably should have known of the criminal
episode described in subsection (1) of this section and failed to take all reasonable
steps available to him or her to prevent it; or

(III) Ownership of the animal was conveyed to the true owner in order to
avoid a forfeiture.

(3) An order of forfeiture entered pursuant to this section shall provide for
the immediate disposition of the forfeited animal by any means described in section
18-9-201 (2.5) other than return to the owner. If, in the opinion of a licensed
veterinarian, the animal is experiencing extreme pain or suffering, or is severely
injured past recovery, severely disabled past recovery, or severely diseased past
recovery, the animal may be euthanized without a court order.

(4) The owner or custodian of an animal that is the subject of a motion
brought under this section shall be liable for the cost of the care, keeping,
transport, or disposal of the animal. In no event shall the prosecuting attorney or
the office of the prosecuting attorney be liable for such cost.

(5) The court in its discretion may order a forfeiture authorized by this
section as an element of sentencing, as a condition of probation, or as a condition of
a deferred sentence.

Legislative History

Source: L. 2001: Entire section added, p. 87, � 2, effective July 1. L. 2007: (3) amended, p. 724, � 3, effective July 1.