§ 29-11.9-104 — Prohibited acts - penalties

Colorado § 29-11.9-104

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Pawnbrokers

Text

(1) No pawnbroker shall enter into
a contract for purchase or purchase transaction with any individual under the age of
eighteen years.

(2) With respect to a contract for purchase, no pawnbroker may permit any
customer to become obligated on the same day in any way under more than one
contract for purchase agreement with the pawnbroker that would result in the
pawnbroker obtaining a greater amount of money than would be permitted if the
pawnbroker and customer had entered into only one contract for purchase covering
the same tangible personal property.

(3) (a) No pawnbroker shall violate the terms of the contract for purchase.

(b) A pawnbroker who violates the terms of a contract for purchase involving
a fixed price as set forth in section 29-11.9-101 (2) commits a class 2 misdemeanor
and shall be punished as provided in section 18-1.3-501.

(4) Except as otherwise provided in this section, any pawnbroker who
violates any of the provisions of this article 11.9 commits a class 2 misdemeanor and
shall be punished as provided in section 18-1.3-501.

(5) Any customer who knowingly gives false information with respect to the
information required by section 29-11.9-103 (1) commits:

(a) A petty offense if the fair market value of the item or items is less than
three hundred dollars;

(b) A class 2 misdemeanor if the fair market value of the item or items is
three hundred dollars or more but less than one thousand dollars;

(c) A class 1 misdemeanor if the fair market value of the item or items is one
thousand dollars or more but less than two thousand dollars;

(d) A class 6 felony if the fair market value of the item or items is more than
two thousand dollars but less than five thousand dollars;

(e) A class 5 felony if the fair market value of the item or items is five
thousand dollars or more but less than twenty thousand dollars;

(f) A class 4 felony if the fair market value of the item or items is twenty
thousand dollars or more but less than one hundred thousand dollars;

(g) A class 3 felony if the fair market value of the item or items is one
hundred thousand dollars or more but less than one million dollars; and

(h) A class 2 felony if the fair market value of the item or items is one million
dollars or more.

(6) When a customer violates subsection (5) of this section twice or more
within the statute of limitations of the earliest offense, two or more of the violations
may be aggregated and charged in a single count, in which event the violations
aggregated and charged constitute a single offense, the penalty for which is based
on the aggregate value of the item or items involved, pursuant to subsection (5) of
this section.

Legislative History

Source: L. 2017: Entire article added with relocated provisions, (SB 17-228), ch. 246, p. 1040, � 3, effective August 9. L. 2021: (4) and (5) amended and (6) added, (SB 21-271), ch. 462, p. 3246, � 496, effective March 1, 2022.