FY14-CS #1 Harmonize other value-based offense levels with the 2013 amendment to Colorado s theft statute. Recommendation FY14-CS #1: The Comprehensive Sentencing Task Force recommends amending the statutes defining the following value-based crimes, thereby harmonizing their offense levels with the General Assembly s recent revisions to the theft statute: - Criminal Mischief, 18-4-501 - Fraud by Check, 18-5-205 - Defrauding a Secured Creditor, 18-5-206 - Unauthorized Use of a Financial Transaction Device, 18-5-702 - Computer Crime, 18-5.5-102 NOTE! The Commission amended this recommendation by: a) modifying the Class 3 felony for the offenses of - Criminal Mischief, 18-4-501, Defrauding a Secured Creditor, 18-5-206, Unauthorized Use of a Financial Transaction Device, 18-5-702, and Computer Crime, 18-5.5-102, if the value is between $100,000 and $1 million, and b) adding a Class 2 felony for the offenses of - Criminal Mischief, 18-4-501, Defrauding a Secured Creditor, 18-5-206, Unauthorized Use of a Financial Transaction Device, 18-5-702, and Computer Crime, 18-5.5-102, if the value is over $1 million. These amendments are not reflected in the text below. Discussion: In 2013 the General Assembly amended the monetary amounts associated with the various offense levels for the crime of theft. That amendment established a petty offense for crimes involving less than fifty dollars, raised the felony threshold to two thousand dollars, and eliminated previously existing gaps between offense levels. The crime of theft is now punishable as a class 1 petty offense up to a class 2 felony, depending upon the value of the thing involved. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 1 of 16
The Comprehensive Sentencing Task Force set out to evaluate whether other valuebased offenses could and should be amended to reflect the offense levels associated with the new theft statute. It found that four crimes were appropriate for adopting identical monetary offense level delineations: Fraud by Check, Defrauding a Secured Creditor, Unauthorized Use of a Financial Transaction Device, and the value-based components of Computer Crime. Those four crimes like theft are property offenses. It is thus logical to define the punishment level for those offenses in a manner identical to theft. The offense levels for the crime of Criminal Mischief are currently defined by the same monetary amounts as the pre-2013 theft statute. For that offense, however, the Task Force decided not to raise the monetary amount which defines a felony offense. The recommendation for Criminal Mischief adopts many elements of the new theft statute, while leaving in place the one thousand dollar cutoff which elevates the crime to a felony. The Task Force recommends leaving in place the currently existing maximum offense levels for all five crimes in this recommendation. Although the 2013 amendment to the theft statute created a class 2 felony theft, the Task Force decided that was unnecessary for other value-based offenses. The Task Force s exact recommendations are expressed below. Proposed new language in the applicable statues is highlighted. Currently existing language, which would be replaced if this recommendation is adopted, is shown in strikethrough. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 2 of 16
Criminal Mischief: 18-4-501 (1) A PERSON COMMITS CRIMINAL MISCHIEF WHEN HE OR SHE damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode. (2) CRIMINAL MISCHIEF IS: a. A CLASS 1 PETTY OFFENSE WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS LESS THAN FIFTY DOLLARS; b. A CLASS 3 MISDEMEANOR WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS; c. A CLASS 2 MISDEMEANOR WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS; d. A CLASS 1 MISDEMEANOR WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS SEVEN HUNDRED FIFTY DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS; e. A CLASS 6 FELONY WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS ONE THOUSAND DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS; f. A CLASS 5 FELONY WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN TWENTY THOUSAND DOLLARS; g. A CLASS 4 FELONY WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS TWENTY THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS; h. A CLASS 3 FELONY WHERE THE AGGREGATE DAMAGE TO THE REAL OR PERSONAL PROPERTY IS ONE HUNDRED THOUSAND DOLLARS OR MORE. (1) A person who knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits a class 2 misdemeanor where the aggregate damage to the real or personal property is less than five hundred dollars. Where the aggregate damage to the real or personal property is five hundred dollars or more but less than one thousand dollars, the person commits a class 1 misdemeanor. Where the aggregate damage to the real or personal property is one thousand dollars or more but less than twenty thousand dollars, the person commits a class 4 felony. Where the aggregate damage to the real or personal property is twenty thousand dollars or more, the person commits a class 3 felony. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 3 of 16
Fraud by Check Definitions Penalties: 18-5-205 (1) As used in this section, unless the context otherwise requires: (a) Check means a written, unconditional order to pay a sum certain in money, drawn on a bank, payable on demand, and signed by the drawer. Check, for the purposes of this section only, also includes a negotiable order of withdrawal and a share draft. (b) Drawee means the bank upon which a check is drawn or a bank, savings and loan association, industrial bank, or credit union on which a negotiable order of withdrawal or a share draft is drawn. (c) Drawer means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature be that of himself or of a person authorized to draw the check on himself. (d) Insufficient funds means a drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account, negotiable order of withdrawal account, or share draft account with the drawee or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for no account shall also be deemed to be dishonored for insufficient funds. (e) Issue. A person issues a check when he makes, draws, delivers, or passes it or causes it to be made, drawn, delivered, or passed. (f) Negotiable order of withdrawal and share draft mean negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or otherwise. (g) Negotiable order of withdrawal account means an account in a bank, savings and loan association, or industrial bank, and share draft account means an account in a credit union, on which payment of interest or dividends may be made on a deposit with respect to which the bank, savings and loan association, or industrial bank or the credit union, as the case may be, may require the depositor to give notice of an intended withdrawal not less than thirty days before the withdrawal is made, even though in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft. (2) Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check. (3) Fraud by check is: (A) A CLASS 1 PETTY OFFENSE IF THE FRAUDULENT CHECK WAS FOR THE SUM OF LESS THAN FIFTY DOLLARS OR IF THE OFFENDER IS CONVICTED OF FRAUD BY CHECK INVOLVING THE ISSUANCE OF TWO OR MORE CHECKS WITHIN A SIXTY-DAY PERIOD IN THE STATE OF COLORADO TOTALING LESS THAN FIFTY DOLLARS IN THE AGGREGATE; Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 4 of 16
Fraud by Check Definitions Penalties: 18-5-205 (continued) (B) A CLASS 3 MISDEMEANOR IF THE FRAUDULENT CHECK WAS FOR THE SUM OF FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS OR IF THE OFFENDER IS CONVICTED OF FRAUD BY CHECK INVOLVING THE ISSUANCE OF TWO OR MORE CHECKS WITHIN A SIXTY-DAY PERIOD IN THE STATE OF COLORADO TOTALING FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS IN THE AGGREGATE; (C) A CLASS 2 MISDEMEANOR IF THE FRAUDULENT CHECK WAS FOR THE SUM OF THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS OR IF THE OFFENDER IS CONVICTED OF FRAUD BY CHECK INVOLVING THE ISSUANCE OF TWO OR MORE CHECKS WITHIN A SIXTY-DAY PERIOD IN THE STATE OF COLORADO TOTALING THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS IN THE AGGREGATE; (D) A CLASS 1 MISDEMEANOR IF THE FRAUDULENT CHECK WAS FOR THE SUM OF SEVEN HUNDRED FIFTY DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS OR IF THE OFFENDER IS CONVICTED OF FRAUD BY CHECK INVOLVING THE ISSUANCE OF TWO OR MORE CHECKS WITHIN A SIXTY-DAY PERIOD IN THE STATE OF COLORADO TOTALING SEVEN HUNDRED FIFTY DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS IN THE AGGREGATE; (E) A CLASS 6 FELONY IF THE FRAUDULENT CHECK WAS FOR THE SUM OF TWO THOUSAND DOLLARS OR MORE OR IF THE OFFENDER IS CONVICTED OF FRAUD BY CHECK INVOLVING THE ISSUANCE OF TWO OR MORE CHECKS WITHIN A SIXTY-DAY PERIOD IN THE STATE OF COLORADO TOTALING TWO THOUSAND DOLLARS OR MORE IN THE AGGREGATE; (a) Deleted by Laws 2007, Ch. 384, 8, eff. July 1, 2007. (b) A class 2 misdemeanor if the fraudulent check was for the sum of less than five hundred dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling less than five hundred dollars in the aggregate; (b.5) A class 1 misdemeanor if the fraudulent check was for the sum of five hundred dollars or more but less than one thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling five hundred dollars or more but less than one thousand dollars in the aggregate; (c) A class 6 felony if the fraudulent check was for the sum of one thousand dollars or more, or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling one thousand dollars or more in the aggregate, or if the offender has been twice previously convicted under this section or a former statute of this state of similar content and purport; Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 5 of 16
Fraud by Check Definitions Penalties: 18-5-205 (continued) (D F) A class 6 felony if the fraudulent check was drawn on an account which did not exist or which has been closed for a period of thirty days or more prior to the issuance of said check. (4) Any person having acquired rights with respect to a check which is not paid because the drawer has insufficient funds shall have standing to file a complaint under this section, whether or not he is the payee, holder, or bearer of the check. (5) Any person who opens a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks commits a class 2 misdemeanor. (6) If deferred prosecution is ordered, the court as a condition of supervision shall require the defendant to make restitution on all checks issued by the defendant that are unpaid as of the date of commencement of the supervision in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant. (7) A bank, a savings and loan association, an industrial bank, or a credit union shall not be civilly or criminally liable for releasing information relating to the drawer's account to a sheriff, deputy sheriff, undersheriff, police officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney or the attorney general investigating or prosecuting a charge under this section. (8) This section does not relieve the prosecution from the necessity of establishing the required culpable mental state. However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if: (a) He has no account upon which the check or order is drawn with the bank or other drawee at the time he issues the check or order; or (b) He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue. (9) Restitution for offenses described in this section may be collected as a condition of pretrial diversion by a district attorney, an employee of a district attorney's office, or a person under contract with a district attorney's office. Such collection is governed by the provisions of article 18.5 of title 16, C.R.S., and is not the collection of a debt. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 6 of 16
Defrauding a Secured Creditor or Debtor: 18-5-206 (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: (a) Deleted by Laws 2007, Ch. 384, 9, eff. July 1, 2007. (B) THE PERSON COMMITS A CLASS 1 PETTY OFFENSE IF THE VALUE OF THE COLLATERAL IS LESS THAN FIFTY DOLLARS; (C) THE PERSON COMMITS A CLASS 3 MISDEMEANOR IF THE VALUE OF THE COLLATERAL IS FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS; (D) THE PERSON COMMITS A CLASS 2 MISDEMEANOR IF THE VALUE OF THE COLLATERAL IS THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS; (E) THE PERSON COMMITS A CLASS 1 MISDEMEANOR IF THE VALUE OF THE COLLATERAL IS SEVEN HUNDRED FIFTY DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; (F) THE PERSON COMMITS A CLASS 6 FELONY IF THE VALUE OF THE COLLATERAL IS TWO THOUSAND DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS; (G) THE PERSON COMMITS A CLASS 5 FELONY IF THE VALUE OF THE COLLATERAL IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN TWENTY THOUSAND DOLLARS; (H) THE PERSON COMMITS A CLASS 4 FELONY IF THE VALUE OF THE COLLATERAL IS TWENTY THOUSAND OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS; (I) THE PERSON COMMITS A CLASS 3 FELONY IF THE VALUE OF THE COLLATERAL IS ONE HUNDRED THOUSAND DOLLARS OF MORE. (b) The person commits a class 2 misdemeanor if the value of the collateral is less than five hundred dollars; (b.5) The person commits a class 1 misdemeanor if the value of the collateral is five hundred dollars or more but less than one thousand dollars; (c) The person commits a class 5 felony if the value of the collateral is one thousand dollars or more but less than twenty thousand dollars; and (d) The person commits a class 3 felony if the value of the collateral is twenty thousand 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: (a) Deleted by Laws 2007, Ch. 384, 9, eff. July 1, 2007. (B) THE CREDITOR COMMITS A CLASS 1 PETTY OFFENSE IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS LESS THAN FIFTY DOLLARS; (C) THE CREDITOR COMMITS A CLASS 3 MISDEMEANOR IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS; Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 7 of 16
Defrauding a Secured Creditor or Debtor: 18-5-206 (continued) (D) THE CREDITOR COMMITS A CLASS 2 MISDEMEANOR IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS; (E) THE CREDITOR COMMITS A CLASS 1 MISDEMEANOR IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS SEVEN HUNDRED FIFTY DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; (F) THE CREDITOR COMMITS A CLASS 6 FELONY IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS TWO THOUSAND DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS; (G) THE CREDITOR COMMITS A CLASS 5 FELONY IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN TWENTY THOUSAND DOLLARS; (H) THE CREDITOR COMMITS A CLASS 4 FELONY IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS TWENTY THOUSAND OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS; (I) THE CREDITOR COMMITS A CLASS 3 FELONY IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS ONE HUNDRED THOUSAND DOLLARS OF MORE. (b) The creditor commits a class 2 misdemeanor if the amount owing on the note or contract is less than five hundred dollars; (b.5) The creditor commits a class 1 misdemeanor if the amount owing on the note or contract is five hundred dollars or more but less than one thousand dollars; (c) The creditor commits a class 5 felony if the amount owing on the note or contract is one thousand dollars or more but less than twenty thousand dollars; and (d) The creditor commits a class 3 felony if the amount owing on the note or contract is twenty thousand dollars or more. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 8 of 16
Unauthorized Use of a Financial Transaction Device: 18-5-702 (1) A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to defraud, and with notice that either: (a) The financial transaction device has expired, has been revoked, or has been cancelled; or (b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder. (2) For purposes of paragraphs (a) and (b) of subsection (1) of this section, notice includes either notice given in person or notice given in writing to the account holder. The sending of a notice in writing by registered or certified mail, return receipt requested, duly stamped and addressed to such account holder at his last address known to the issuer, evidenced by a signed returned receipt signed by the account holder, is prima facie evidence that the notice was received. (3) Unauthorized use of a financial transaction device is: (a) Deleted by Laws 2007, Ch. 384, 13, eff. July 1, 2007. (B) A CLASS 1 PETTY OFFENSE IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS LESS THAN FIFTY DOLLARS; (C) A CLASS 3 MISDEMEANOR IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS; (D) A CLASS 2 MISDEMEANOR IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS; (E) A CLASS 1 MISDEMEANOR IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE BUT LESS THAN TWO THOUSAND DOLLARS; (F) A CLASS 6 FELONY IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS TWO THOUSAND DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS; (G) A CLASS 5 FELONY IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN TWENTY THOUSAND DOLLARS; (H) A CLASS 4 FELONY IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS TWENTY THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS; Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 9 of 16
Unauthorized Use of a Financial Transaction Device: 18-5-702 (continued) (I) A CLASS 3 FELONY IF THE VALUE OF THE CASH, CREDIT, PROPERTY, OR SERVICES OBTAINED OR OF THE FINANCIAL PAYMENTS MADE IS ONE HUNDRED THOUSAND DOLLARS OR MORE. (b) A class 1 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is less than one thousand dollars; (c) A class 5 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one thousand dollars or more but less than twenty thousand dollars; (d) A class 3 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is twenty thousand dollars or more. (4) The value of the cash, credit, property, or services obtained and the financial payments made shall be the total value of the cash, credit, property, or services obtained or financial payments made by unauthorized use of a single financial transaction device within a six-month period from the date of the first unauthorized use. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 10 of 16
Computer Crime: 18-5.5-102 (1) A person commits computer crime if the person knowingly: (a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access; or (b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or (c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value; or (d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or (e) Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software, program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or (f) Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof; or (g) Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, that circumvents or disables any electronic queues, waiting periods, or other technological measure intended by the seller to limit the number of event tickets that may be purchased by any single person in an on-line event ticket sale as defined in section 6-1-720, C.R.S. (2) Deleted by Laws 2000, Ch. 171, 8, eff. July 1, 2000. (3)(a) Except as provided in paragraphs (b) and (c) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is less than FIFTY DOLLARS, COMPUTER CRIME IS A CLASS 1 PETTY OFFENSE; IF FIFTY DOLLARS OR MORE BUT LESS THAN THREE HUNDRED DOLLARS, COMPUTER CRIME IS A CLASS 3 MISDEMEANOR; IF THREE HUNDRED DOLLARS OR MORE BUT LESS THAN SEVEN HUNDRED FIFTY DOLLARS, COMPUTER CRIME IS A CLASS 2 MISDEMEANOR; IF SEVEN HUNDRED FIFTY DOLLARS OR MORE, BUT LESS THAN TWO THOUSAND DOLLARS, COMPUTER Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 11 of 16
Computer Crime: 18-5.5-102 (continued) CRIME IS A CLASS 1 MISDEMEANOR; IF TWO THOUSAND DOLLARS OR MORE, BUT LESS THAN FIVE THOUSAND DOLLARS, COMPUTER CRIME IS A CLASS 6 FELONY; IF FIVE THOUSAND DOLLARS OR MORE, BUT LESS THAN TWENTY THOUSAND DOLLARS, COMPUTER CRIME IS A CLASS 5 FELONY; IF TWENTY THOUSAND DOLLARS OR MORE, BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, COMPUTER CRIME IS A CLASS FOUR FELONY; IF ONE HUNDRED THOUSAND DOLLARS OR MORE, COMPUTER CRIME IS A CLASS 3 FELONY. five hundred dollars, computer crime is a class 2 misdemeanor; if five hundred dollars or more but less than one thousand dollars, computer crime is a class 1 misdemeanor; if one thousand dollars or more but less than twenty thousand dollars, computer crime is a class 4 felony; if twenty thousand dollars or more, computer crime is a class 3 felony. (b) Computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 2 misdemeanor; except that, if the person has previously been convicted under this section, a previous version of this section, or a statute of another state of similar content and purport, computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 6 felony. (c)(i) Computer crime committed in violation of paragraph (g) of subsection (1) of this section is a class 1 misdemeanor. (II) If computer crime is committed to obtain event tickets, each ticket purchased shall constitute a separate offense. (III) Paragraph (g) of subsection (1) of this section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter. (d) Consistent with section 18-1-202, a prosecution for a violation of paragraph (g) of subsection (1) of this section may be tried in the county where the event has been, or will be, held. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 12 of 16
CCJJ Recommendation FY13 CS#1 HB13-1160: To modify and expand CRS 18-4-401, theft offenses Previous Theft Offense Levels Offense Level F4 F5 Value $20K and up $1K -$20K $1K -$20K (rental property) F6 M1 $500 - $1K M2 Less than $500 M3 PO1 Revised Theft Offense Levels F2 $1M and up $100K - $1M F4 $20K - $100K F5 $5K - $20K F6 $2K - $5K M1 $750 - $2K M2 $300 - $750 M3 $50-$300 PO1 Less than $50 NOTE! The Commission amended this recommendation by a) modifying the Class 3 felony for the offenses of Criminal Mischief, 18-4-501, Defrauding a Secured Creditor or Debtor, 18-5-206, Unauthorized Use of a Financial Transaction Device, 18-5-702, and Computer Crime, 18-5.5-102, if the value is between $100,000 and $1 million, and b) adding a Class 2 felony for the offenses of Criminal Mischief, 18-4-501, Defrauding a Secured Creditor or Debtor, 18-5-206, Unauthorized Use of a Financial Transaction Device, 18-5-702, and Computer Crime, 18-5.5-102, if the value is over $1 million. These amendments are not reflected in the tables below. FY14 Current and Proposed Criminal Mischief Levels 18-4-501 Current Offense Levels $20K and up F4 $1K -$20K F5 F6 M1 $500 - $1K M2 Less than $500 M3 PO1 Proposed Offense Levels $100K and up F4 $20K - $100K F5 $5K - $20K F6 $1K - $5K M1 $750 - $1K M2 $300 - $750 M3 $50-$300 PO1 Less than $50 Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 13 of 16
These tables do not reflect Commission amendments (see page 13). FY14 Current and Proposed Fraud By Check Levels 18-5-204 Current Offense Levels F4 F5 F6 $1K and up M1 $500 - $1K M2 Less than $500 M3 PO1 Proposed Offense Levels F4 F5 F6 $2K and up M1 $750 - $2K M2 $300 - $750 M3 $50 - $300 PO1 Less than $50 FY14 Current and Proposed Defrauding a Secured Creditor or Debtor Levels 18-5-206 Current Offense Levels $20K and up F4 F5 $1K -$20K F6 M1 $500 - $1K M2 Less than $500 M3 PO1 Proposed Offense Levels $100K and up F4 $20K - $100K F5 $5K - $20K F6 $2K - $5K M1 $750 - $2K M2 $300 - $750 M3 $50-$300 PO1 Less than $50 Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 14 of 16
These tables do not reflect Commission amendments (see page 13). FY14 Current and Proposed Unauthorized Use of A Financial Device Levels 18-5-702 Current Offense Levels $20K and up F4 F5 $1K -$20K F6 M1 Less than $1K M2 M3 PO1 Proposed Offense Levels $100K and up F4 $20K - $100K F5 $5K - $20K F6 $2K - $5K M1 $750 - $2K M2 $300 - $750 M3 $50-$300 PO1 Less than $50 FY14 Current and Proposed Computer Crime Levels 18-5.5-102 Current Offense Levels $20K and up F4 $1K -$20K F5 F6 M1 $500 - $1K M2 Less than $500 M3 PO1 Proposed Offense Levels $100K and up F4 $20K - $100K F5 $5K - $20K F6 $2K - $5K M1 $750 - $2K M2 $300 - $750 M3 $50-$300 PO1 Less than $50 Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 15 of 16
Criminal Mischief and Domestic Violence - Domestic violence (DV) is alleged in approximately 40% of criminal mischief cases.* - Of criminal mischief cases where DV is alleged, criminal mischief is the only charge approximately 18% of the time.* - Typically there is another misdemeanor or felony charged. Those are most frequently assault, public peace offenses, DV offenses, communications offenses, or wrongs to children.* - The habitual DV offender provision in 18-6-801(7), which elevates what would otherwise be a DV misdemeanor to a class five felony if the defendant has three prior DV offenses, is seldom employed. 90 Habitual Domestic Violence C.R.S. 18-6-801(7) Case Outcomes N=585** 80 70 Count of cases 60 50 40 30 20 10 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Not convicted 16 14 20 14 20 30 29 51 42 48 49 49 39 Convicted 5 10 9 3 4 13 8 15 14 20 21 29 13 Total 21 24 29 17 24 43 37 66 56 68 70 78 52 * Based on data from FY 08 to FY 12, as provided for the Comprehensive Sentencing Task Force by DCJ/ORS. ** There were 24 additional cases with no outcome listed in the court record. This graph was prepared for the Comprehensive Sentencing Task Force by DCJ/ORS. Data source: Court records were extracted from Judicial Branch s Integrated Colorado Online Network (ICON) information management system via the Colorado Justice Analytics Support System (CJASS) and analyzed by DCJ/ORS. Colorado Commission on Criminal and Juvenile Justice FY14-CS#1 Page 16 of 16