Colorado criminal charge
Unlawful activity concerning the selling of land in Colorado
Unlawful activity concerning the selling of land is a criminal offense under Colorado law, defined by C.R.S. § 18-5-302. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-5-302.
What is the penalty for unlawful activity concerning the selling of land in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Selling land twice — A person who, after once selling, bartering, or disposing of land or executing a bond/agreement for its sale, again sells, barters, disposes, or executes a bond/agreement to sell the same land or part thereof to another person with intent to defraud.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Selling land twice — A person who, after once selling, bartering, or disposing of land or executing a bond/agreement for its sale, again sells, barters, disposes, or executes a bond/agreement to sell the same land or part thereof to another person with intent to defraud.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Selling land twice — A person who, after once selling, bartering, or disposing of land or executing a bond/agreement for its sale, again sells, barters, disposes, or executes a bond/agreement to sell the same land or part thereof to another person with intent to defraud.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (False representation of ownership interest in land — A person who knowingly makes a false representation as to the existence of an ownership interest in land held by himself or his principal as seller, which is relied upon.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (False representation of ownership interest in land — A person who knowingly makes a false representation as to the existence of an ownership interest in land held by himself or his principal as seller, which is relied upon.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (False representation of ownership interest in land — A person who knowingly makes a false representation as to the existence of an ownership interest in land held by himself or his principal as seller, which is relied upon.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Failure to pay debts after signing construction lien waiver — A person who signs a lien waiver for a construction loan and knowingly fails to timely pay debts resulting from the covered construction agreement, unless there is a bona fide dispute as to the debt's existence or amount.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Failure to pay debts after signing construction lien waiver — A person who signs a lien waiver for a construction loan and knowingly fails to timely pay debts resulting from the covered construction agreement, unless there is a bona fide dispute as to the debt's existence or amount.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is unlawful activity concerning the selling of land classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Selling land twice | class 5 felony | A person who, after once selling, bartering, or disposing of land or executing a bond/agreement for its sale, again sells, barters, disposes, or executes a bond/agreement to sell the same land or part thereof to another person with intent to defraud. | 18-5-302(1) |
| False representation of ownership interest in land | class 6 felony | A person who knowingly makes a false representation as to the existence of an ownership interest in land held by himself or his principal as seller, which is relied upon. | 18-5-302(2) |
| Failure to pay debts after signing construction lien waiver | class 2 misdemeanor | A person who signs a lien waiver for a construction loan and knowingly fails to timely pay debts resulting from the covered construction agreement, unless there is a bona fide dispute as to the debt's existence or amount. | 18-5-302(3) |
Common questions about unlawful activity concerning the selling of land in Colorado
Is unlawful activity concerning the selling of land a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful activity concerning the selling of land ranges from a class 2 misdemeanor to a class 5 felony in Colorado under C.R.S. § 18-5-302.
Selling land twice: class 5 felony (C.R.S. § 18-5-302(1)) · False representation of ownership interest in land: class 6 felony (C.R.S. § 18-5-302(2)) · Failure to pay debts after signing construction lien waiver: class 2 misdemeanor (C.R.S. § 18-5-302(3))
What are the penalties for unlawful activity concerning the selling of land in Colorado?
Penalties for unlawful activity concerning the selling of land in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 5 felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers unlawful activity concerning the selling of land?
Unlawful activity concerning the selling of land is governed by C.R.S. § 18-5-302 (Unlawful activity concerning the selling of land).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.