Section 29-11.9-104 - Prohibited acts - penalties(1) No pawnbroker shall enter into a contract for purchase or purchase transaction with any individual under the age of eighteen years.(2) With respect to a contract for purchase, no pawnbroker may permit any customer to become obligated on the same day in any way under more than one contract for purchase agreement with the pawnbroker that would result in the pawnbroker obtaining a greater amount of money than would be permitted if the pawnbroker and customer had entered into only one contract for purchase covering the same tangible personal property.(3)(a) No pawnbroker shall violate the terms of the contract for purchase.(b) A pawnbroker who violates the terms of a contract for purchase involving a fixed price as set forth in section 29-11.9-101 (2) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.(4) Except as otherwise provided in this section, any pawnbroker who violates any of the provisions of this article 11.9 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.(5) Any customer who knowingly gives false information with respect to the information required by section 29-11.9-103 (1) commits:(a) A petty offense if the fair market value of the item or items is less than three hundred dollars;(b) A class 2 misdemeanor if the fair market value of the item or items is three hundred dollars or more but less than one thousand dollars;(c) A class 1 misdemeanor if the fair market value of the item or items is one thousand dollars or more but less than two thousand dollars;(d) A class 6 felony if the fair market value of the item or items is more than two thousand dollars but less than five thousand dollars;(e) A class 5 felony if the fair market value of the item or items is five thousand dollars or more but less than twenty thousand dollars;(f) A class 4 felony if the fair market value of the item or items is twenty thousand dollars or more but less than one hundred thousand dollars;(g) A class 3 felony if the fair market value of the item or items is one hundred thousand dollars or more but less than one million dollars; and(h) A class 2 felony if the fair market value of the item or items is one million dollars or more.(6) When a customer violates subsection (5) of this section twice or more within the statute of limitations of the earliest offense, two or more of the violations may be aggregated and charged in a single count, in which event the violations aggregated and charged constitute a single offense, the penalty for which is based on the aggregate value of the item or items involved, pursuant to subsection (5) of this section.Amended by 2021 Ch. 462, § 496, eff. 3/1/2022.Renumbered from C.R.S. § 12-56-104 and amended by 2017 Ch. 246, § 3, eff. 8/9/2017.L. 2017: Entire article added with relocated provisions, (SB 17-228), ch. 1040, p. 1040, § 3, effective August 9. L. 2021: (4) and (5) amended and (6) added, (SB 21-271), ch. 462, p. 3246, § 496, effective 3/1/2022.(1) This section is similar to former § 12-56-104 as it existed prior to 2017.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).