Statute text
Any person who violates any of the provisions of this article commits a class 6 felony. Any person who knowingly gives false information with respect to the information required by sections 18-16-103 and 18-16-105 commits a class 6 felony.
History
Source: L. 81: Entire article added, p. 1014, 1, effective May 22. L. 89: Entire section amended, p. 843, 107, effective July 1.
Annotations
ANNOTATION
Annotations
Act does not create a strict liability crime. The second sentence of this provision requires a "knowing" violation. This mental state applies to the first sentence as well. Exotic Coins, Inc. v. Beacom, 699 P.2d 930 (Colo. 1985), cert. denied, 474 U.S. 892, 106 S. Ct. 214, 88 L. Ed. 2d 214 (1985).
Jeweler's failure to comply with record-keeping requirement under 18-16-107 does not constitute defense to criminal charge under this section and the prosecution's failure to introduce proof of jeweler's compliance with 18-16-107 was not fatal to defendant's conviction. People v. Chavez, 764 P.2d 371 (Colo. App. 1988).
Evidence sufficient to sustain defendant's conviction for giving false information. People v. Chavez, 764 P.2d 371 (Colo. App. 1988).