Colorado Code
Part 3 - Abatement of Public Nuisance
§ 16-13-303. Class 1 Public Nuisance

(1.5) All equipment, mechanical systems, or machinery, or parts thereof, shall be deemed to be a class 1 public nuisance at the location of the automatic dialing system when used for soliciting with an automatic dialing system containing a prerecorded message in violation of section 18-9-311 (1), C.R.S.

(6.5) Notwithstanding any other provision of this part 3 to the contrary, the plaintiff shall have the burden of proving, by clear and convincing evidence, only the facts that give rise to the presumption that currency is property subject to forfeiture pursuant to subsection (6) of this section. However, when a preponderance of credible evidence is adduced to rebut a presumption that has arisen pursuant to subsection (6) of this section, the burden of proof shall revert to the plaintiff to prove, by clear and convincing evidence, the elements of the plaintiff's case with respect to the currency.

Source: L. 72: R&RE, p. 260, § 1. C.R.S. 1963: § 39-13-303. L. 77: (1)(b), (1)(c), (1)(d), and (2) amended and (1)(e) added, p. 889, § 1, effective July 1. L. 80: (1)(f) added, p. 472, § 2, effective July 1. L. 81: IP(1), (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (1)(g) to (1)(i) and (3) added, pp. 954, 956, §§ 2, 3, effective July 1; (1)(c) amended, p. 737, § 17, effective July 1. L. 83: IP(3) amended, p. 686, § 1, effective April 21; IP(1), (1)(c), and (2) amended, p. 683, § 2, effective July 1; (1)(c) amended, p. 704, § 2, effective July 1. L. 87: (1)(b), (1)(c), (1)(e), (1)(h), (2), and (3)(a) to (3)(c) amended and (1)(j), (1)(k), and (4) to (8) added, p. 631, §§ 3, 4, effective July 1. L. 88: (1)(h.5) added, p. 1354, § 1, effective July 1; (1.5) added and (2) amended, p. 346, § 11, effective July 1; (1)(h.6) added, p. 1090, § 2, effective January 1, 1989. L. 89: (1)(h.5) repealed, p. 1645, § 18, effective June 5; (1)(l) added, p. 875, § 8, effective June 5. L. 91: (1)(m) added, p. 1581, § 5, effective June 4; (1)(h.6) amended, p. 1057, § 12, effective July 1. L. 92: (1)(m) amended, p. 2171, § 20, effective June 2; (1)(c)(I) and (1)(f) amended, p. 391, § 16, effective July 1; (5) amended and (5.1) and (5.2) added, p. 447, § 2, effective July 1. L. 94: (1)(k) amended, p. 2551, § 38, effective January 1, 1995. L. 95: (1)(m)(I) and (1)(m)(II) amended, p. 1110, § 62, effective May 31; (1)(c)(II) amended, p. 463, § 5, effective July 1. L. 99: (3)(d) added, p. 799, § 18, effective July 1. L. 2000: (1)(n) added, p. 1108, § 6, effective August 2. L. 2002: (5.1) and (5.2) amended, p. 917, § 2, effective July 1. L. 2003: (5), (5.1)(a), (5.1)(a.5), (5.1)(b)(II), (5.2)(a)(I), IP(5.2)(b), (5.2)(c), and IP(6) amended and (5.2)(d) and (6.5) added, pp. 898, 889, 902, 896, §§ 10, 1, 12, 6, effective July 1. L. 2010: (1)(c)(II) amended, (HB 10-1352), ch. 259, p. 1172, § 14, effective August 11. L. 2012: (1)(a) amended, (HB 12-1151), ch. 174, p. 621, § 3, effective August 8. L. 2013: (1)(e)(I) and (1)(e)(II) amended, (HB 13-1160), ch. 373, p. 2200, § 8, effective June 5. L. 2014: (1)(a) amended, (HB 14-1273), ch. 282, p. 1153, § 12, effective July 1. L. 2018: (2) amended, (HB 18-1234), ch. 381, p. 2298, § 2, effective June 6; (3)(d) amended, (HB 18-1200), ch. 379, p. 2292, § 4, effective August 8; (1)(m) amended, (SB 18-034), ch. 14, p. 238, § 11, October 1.
Editor's note: Subsections (5.1)(b)(II)(A) and (5.1)(b)(II)(B) were numbered as (5.1)(b)(II) and (5.1)(b)(III), respectively, in HB 02-1404 but were renumbered on revision in 2010 to conform to statutory format.