[ Editor's note: This version of this section is effective until March 1, 2022. ] Where, under the terms of an instrument creating a security interest in personal property, as security interest is defined in section 4-1-201 (b)(35), C.R.S., the person giving the security interest and retaining possession of the encumbered property and having liberty of sale or other disposition, is required to account to the secured creditor for the proceeds of the sale or other disposition, and willfully and wrongfully fails to pay to the secured creditor the amounts due on account thereof, the person giving the security interest commits a class 5 felony where the amount of the proceeds withheld is one thousand dollars or more. If the amount of the proceeds withheld is less than one thousand dollars, the person commits a class 1 misdemeanor.
Structure Colorado Code
Article 5 - Offenses Involving Fraud
Part 5 - Offenses Relating to the Uniform Commercial Code
§ 18-5-502. Failure to Pay Over Assigned Accounts
§ 18-5-502. Failure to Pay Over Assigned Accounts
§ 18-5-504. Concealment or Removal of Secured Property
§ 18-5-504. Concealment or Removal of Secured Property
§ 18-5-505. Failure to Pay Over Proceeds Unlawful
§ 18-5-505. Failure to Pay Over Proceeds Unlawful
§ 18-5-506. Fraudulent Receipt - Penalty
§ 18-5-507. False Statement in Receipt - Penalty
§ 18-5-508. Duplicate Receipt Not Marked - Penalty
§ 18-5-508. Duplicate Receipt Not Marked - Penalty
§ 18-5-509. Warehouse's Goods Mingled - Receipts - Penalty
§ 18-5-510. Delivery of Goods Without Receipt - Penalty