18-8-115. Duty to report a crime - liability for disclosure.

Statute text

It is the duty of every corporation or person who has reasonable grounds to believe that a crime has been committed to report promptly the suspected crime to law enforcement authorities. Notwithstanding any other provision of the law to the contrary, a corporation or person may disclose information concerning a suspected crime to other persons or corporations for the purpose of giving notice of the possibility that other such criminal conduct may be attempted which may affect the persons or corporations notified. When acting in good faith, such corporation or person shall be immune from any civil liability for such reporting or disclosure. This duty shall exist notwithstanding any other provision of the law to the contrary; except that this section shall not require disclosure of any communication privileged by law.

History

Source: L. 79: Entire section added, p. 729, 9, effective July 1. L. 81: Entire section amended, p. 976, 15, effective July 1.

Annotations

 

ANNOTATION

Annotations

The Tenth Circuit held no general duty exists under this section to stop or report a crime being committed, in context of defending a charge of conspiracy to commit fraud against the government. U.S. v. Zimmermann, 943 F.2d 1204 (10th Cir. 1991).

This section does not require the degree of certainty on the part of a citizen reporting the commission of a crime as does the probable cause standard that police officers are held to in making warrantless arrests. Lunsford v. Western States Life Ins., 919 P.2d 899 (Colo. App. 1996).