First Regular Session
Sixty-second General Assembly
LLS NO. 99-0252.01 Duane Gall SENATE BILL 99-056
STATE OF COLORADO
BY SENATOR Perlmutter;
also REPRESENTATIVE Windels.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING PROHIBITIONS AGAINST THE PERPETRATION OF FRAUD
102 THROUGH THE USE OF ELECTRONIC MEDIA.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Adds a specific prohibition against wire fraud to the criminal
statutes and to the existing list of activities considered deceptive trade
practices under the "Consumer Protection Act". Amends criminal statutes
regarding theft from at-risk persons to state that theft by deception is
considered committed in the presence of the victim if the deception is
accomplished, wholly or in part, by the transmission of writings, signs,
signals, pictures, or sounds via wire, radio, telephone, or television.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 6-1-304 (1), Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW PARAGRAPH to read:
4 6-1-304. Unlawful telemarketing practices. (1) A commercial
5 telephone seller engages in an unlawful telemarketing practice when, in
6 the course of any commercial telephone solicitation, the seller:
7 (i) COMMITS WIRE FRAUD AS SET FORTH IN SECTION 18-5-206.5,
8 C.R.S.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 SECTION 2. Part 2 of article 5 of title 18, Colorado Revised
2 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
3 read:
4 18-5-206.5. Wire fraud. (1) A PERSON COMMITS WIRE FRAUD IF
5 THE PERSON, HAVING DEVISED OR INTENDING TO DEVISE ANY SCHEME OR
6 ARTIFICE TO DEFRAUD, OR FOR OBTAINING MONEY OR PROPERTY BY MEANS
7 OF FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS, OR PROMISES,
8 TRANSMITS OR CAUSES TO BE TRANSMITTED BY MEANS OF WIRE, RADIO,
9 TELEPHONE, OR TELEVISION COMMUNICATION ANY WRITINGS, SIGNS,
10 SIGNALS, PICTURES, OR SOUNDS FOR THE PURPOSE OF EXECUTING SUCH
11 SCHEME OR ARTIFICE.
12 (2) WIRE FRAUD IS A CLASS 1 MISDEMEANOR.
13 SECTION 3. 18-6.5-103 (5), Colorado Revised Statutes, is
14 amended to read:
15 18-6.5-103. Crimes against at-risk adults and at-risk juveniles
16 - classifications. (5) (a) Any person who commits theft, and commits
17 any element or portion of the offense in the presence of the victim, as
18 such crime is described in section 18-4-401 (1), and the victim is an
19 at-risk adult or an at-risk juvenile, commits a class 5 felony if the value
20 of the thing involved is less than five hundred dollars or a class 3 felony
21 if the value of the thing involved is five hundred dollars or more. Theft
22 from the person of an at-risk adult or an at-risk juvenile by means other
23 than the use of force, threat, or intimidation is a class 4 felony without
24 regard to the value of the thing taken.
25 (b) FOR PURPOSES OF THIS SUBSECTION (5), THEFT BY DECEPTION
26 SHALL BE CONSIDERED COMMITTED IN THE PRESENCE OF THE VICTIM IF THE
Page 3
1 DECEPTION IS ACCOMPLISHED, WHOLLY OR IN PART, BY THE TRANSMISSION
2 OF WRITINGS, SIGNS, SIGNALS, PICTURES, OR SOUNDS VIA WIRE, RADIO,
3 TELEPHONE, OR TELEVISION.
4 SECTION 4. Effective date - applicability. This act shall take
5 effect July 1, 1999, and shall apply to offenses committed on or after said
6 date.
7 SECTION 5. Safety clause. The general assembly hereby finds,
8 determines, and declares that this act is necessary for the immediate
9 preservation of the public peace, health, and safety.