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Attorney & Mediator
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How do I find the Colorado state statutes on embezzelment

Resolved Question:

How do I find the Colorado state statutes on embezzelment
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 4 years ago.
The only reference of Embezzlement in the Colorado Statutes is with regards XXXXX XXXXX banking code.

11-107-107. Embezzlement or misapplication of funds.


Otherwise, conduct involving embezzlement is typically part of the theft statute.



http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=





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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.



Customer: replied 4 years ago.
Thanks, XXXXX XXXXX the theft code say about embezzelment
Expert:  Attorney & Mediator replied 4 years ago.
In a nutshell it says that embezzelment is considered theft as it is a taking (larceny) without a trespass. So essentially it is classified as theft.


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18-4-401. Theft.

(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:

(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or

(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or

(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or

(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.

(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein.

(2) Theft is:

(a) (Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)

(b) A class 2 misdemeanor if the value of the thing involved is less than five hundred dollars;

(b.5) A class 1 misdemeanor if the value of the thing involved is five hundred dollars or more but less than one thousand dollars;

(c) A class 4 felony if the value of the thing involved is one thousand dollars or more but less than twenty thousand dollars;

(d) A class 3 felony if the value of the thing involved is twenty thousand dollars or more.

(3) and (3.1) Repealed.

(4) (a) When a person commits theft twice or more within a period of six months, two or more of the thefts may be aggregated and charged in a single count, in which event the thefts so aggregated and charged shall constitute a single offense, and, if the aggregate value of the things involved is one thousand dollars or more but less than twenty thousand dollars, it is a class 4 felony; however, if the aggregate value of the things involved is twenty thousand dollars or more, it is a class 3 felony.

(b) When a person commits theft twice or more against the same person pursuant to one scheme or course of conduct, the thefts may be aggregated and charged in a single count, in which event they shall constitute a single offense, and, if the aggregate value of the things involved is one thousand dollars or more but less than twenty thousand dollars, it is a class 4 felony; however, if the aggregate value of the things involved is twenty thousand dollars or more, it is a class 3 felony.

(5) Theft from the person of another by means other than the use of force, threat, or intimidation is a class 5 felony without regard to the value of the thing taken.

(6) In every indictment or information charging a violation of this section, it shall be sufficient to allege that, on or about a day certain, the defendant committed the crime of theft by unlawfully taking a thing or things of value of a person or persons named in the indictment or information. The prosecuting attorney shall at the request of the defendant provide a bill of particulars.

(7) Repealed.

(8) A municipality shall have concurrent power to prohibit theft, by ordinance, where the value of the thing involved is less than one thousand dollars.

(9) (a) If a person is convicted of or pleads guilty or nolo contendere to theft by deception and the underlying factual basis of the case involves the mortgage lending process, a minimum fine of the amount of pecuniary harm resulting from the theft shall be mandatory, in addition to any other penalty the court may impose.

(b) A court shall not accept a plea of guilty or nolo contendere to another offense from a person charged with a violation of this section that involves the mortgage lending process unless the plea agreement contains an order of restitution in accordance with part 6 of article 1.3 of this title that compensates the victim for any costs to the victim caused by the offense.

(c) The district attorneys and the attorney general have concurrent jurisdiction to investigate and prosecute a violation of this section that involves making false statements or filing or facilitating the use of a document known to contain a false statement or material omission relied upon by another person in the mortgage lending process.

(d) Documents involved in the mortgage lending process include, but are not limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures.

(e) For the purposes of this subsection (9):

(I) "Mortgage lending process" means the process through which a person seeks or obtains a residential mortgage loan, including, without limitation, solicitation, application, or origination; negotiation of terms; third-party provider services; underwriting; signing and closing; funding of the loan; and perfecting and releasing the mortgage.

(II) "Residential mortgage loan" means a loan or agreement to extend credit, made to a person and secured by a mortgage or lien on residential real property, including, but not limited to, the refinancing or renewal of a loan secured by residential real property.

(III) "Residential real property" means real property used as a residence and containing no more than four families housed separately.




Also:


PART 4 THEFT
18-4-401. Theft.
18-4-402. Theft of rental property.
18-4-403. Statutory intent.
18-4-404. Obtaining control over any stolen thing of value - conviction.
18-4-405. Rights in stolen property.
18-4-406. Concealment of goods.
18-4-407. Questioning of person suspected of theft without liability.
18-4-408. Theft of trade secrets - penalty.
18-4-409. Aggravated motor vehicle theft.
18-4-410. Theft by receiving.
18-4-411. Transactions for profit in stolen goods.
18-4-411.5. Interagency task force on organized retail theft - legislative declaration - repeal. (Repealed)
18-4-412. Theft of medical records or medical information - penalty.
18-4-413. Mandatory sentencing for repeated felony theft from a store - store defined.
18-4-414. Evidence of value.
18-4-415. Use of photographs, video tapes, or films of property.
18-4-416. Theft by resale of a lift ticket or coupon.
18-4-417. Unlawful acts - theft detection devices.
18-4-418. Fuel piracy.
18-4-419. Newspaper theft.





_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Criminal Law
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