Where, under the terms of an instrument creating a security interest in personal property, as security interest is defined in section 4-1-201 (b)(35), C.R.S., the person giving the security interest and retaining possession of the encumbered property and having liberty of sale or other disposition, is required to account to the secured creditor for the proceeds of the sale or other disposition, and willfully and wrongfully fails to pay to the secured creditor the amounts due on account thereof, the person giving the security interest commits a class 5 felony where the amount of the proceeds withheld is one thousand dollars or more. If the amount of the proceeds withheld is less than one thousand dollars, the person commits a class 1 misdemeanor.
Source: L. 71: R&RE, p. 445, § 1. C.R.S. 1963: § 40-5-505. L. 89: Entire section amended, p. 836, § 64, effective July 1. L. 98: Entire section amended, p. 797, § 10, effective July 1. L. 2006: Entire section amended, p. 503, § 47, effective September 1. L. 2007: Entire section amended, p. 1695, § 12, effective July 1.
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.