Statute text
(1) A person commits compounding if he accepts or agrees to accept any pecuniary benefit as consideration for:
(a) Refraining from seeking prosecution of an offender; or
(b) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime.
(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
(3) Compounding is a class 2 misdemeanor.
History
Source: L. 71: R&RE, p. 456, 1. C.R.S. 1963: 40-8-108. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3195, 276, effective March 1, 2022.
Annotations
Cross references: For affirmative defenses generally, see 18-1-407, 18-1-710, and 18-1-805.
Annotations
ANNOTATION
Annotations
Annotator's note. Since 18-8-108 is similar to former G.S. 810, relevant cases construing that provision have been included in the annotations to this section.
A promise to compound any criminal offense is itself a crime and affords no valid consideration for a contract. Lomax v. Colo. Nat'l Bank, 46 Colo. 229, 104 P. 85 (1909).
Thief or third person may recompense owner for loss resulting from theft. A thief is under a legal, as well as a moral, duty to repay the person whose property he has stolen, and it is not in itself an illegal contract for him to give his own obligation therefor, or for a third party to agree to recompense the owner for the loss. Giles v. De Cow, 30 Colo. 412, 70 P. 681 (1902); Lomax v. Colo. Nat'l Bank, 46 Colo. 229, 104 P. 85 (1909).