Defrauding a secured creditor or debtor.

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(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:

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

  2. A class 1 petty offense if the value of the collateral is less than fifty dollars;

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

  1. A class 3 misdemeanor if the value of the collateral is fifty dollars or more but lessthan three hundred dollars;

  2. A class 2 misdemeanor if the value of the collateral is three hundred dollars or morebut less than seven hundred fifty dollars;

  3. A class 1 misdemeanor if the value of the collateral is seven hundred fifty dollars ormore but less than two thousand dollars;

  4. A class 6 felony if the value of the collateral is two thousand dollars or more but lessthan five thousand dollars;

  5. A class 5 felony if the value of the collateral is five thousand dollars or more but lessthan twenty thousand dollars;

  6. A class 4 felony if the value of the collateral is twenty thousand dollars or more butless than one hundred thousand dollars;

  7. A class 3 felony if the value of the collateral is one hundred thousand dollars or morebut less than one million dollars; and

  8. 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:

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

  2. A class 1 petty offense if the amount owing on the note or contract is less than fiftydollars;

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

  1. A class 3 misdemeanor if the amount owing on the note or contract is fifty dollars ormore but less than three hundred dollars;

  2. A class 2 misdemeanor if the amount owing on the note or contract is three hundreddollars or more but less than seven hundred fifty dollars;

  3. A class 1 misdemeanor if the amount owing on the note or contract is seven hundredfifty dollars or more but less than two thousand dollars;

  4. A class 6 felony if the amount owing on the note or contract is two thousand dollarsor more but less than five thousand dollars;

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

  6. A class 4 felony if the amount owing on the note or contract is twenty thousanddollars or more but less than one hundred thousand dollars;

  7. A class 3 felony if the amount owing on the note or contract is one hundred thousanddollars or more but less than one million dollars; and

  8. A class 2 felony if the amount owing on the note or contract is one million dollars ormore.

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.

Cross references: For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 384, Session Laws of Colorado 2007.


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