(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
(3) [ Editor's note: This version of subsection (3) is effective until March 1, 2022. ] Compounding is a class 3 misdemeanor.
(3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Compounding is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 456, § 1. C.R.S. 1963: § 40-8-108. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3195, § 276, effective March 1, 2022.
Editor's note: 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.
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
Structure Colorado Code
Article 8 - Offenses - Governmental Operations
Part 1 - Obstruction of Public Justice
§ 18-8-102. Obstructing Government Operations
§ 18-8-105. Accessory to Crime
§ 18-8-106. Refusal to Permit Inspections
§ 18-8-107. Refusing to Aid a Peace Officer - Repeal
§ 18-8-110. False Report of Explosives, Weapons, or Harmful Substances
§ 18-8-111. False Reporting to Authorities - False Reporting of Emergency - Definition - Repeal
§ 18-8-111.5. False Reporting of Identifying Information to Law Enforcement Authorities - Definition
§ 18-8-112. Impersonating a Peace Officer
§ 18-8-113. Impersonating a Public Servant
§ 18-8-114. Abuse of Public Records
§ 18-8-115. Duty to Report a Crime - Liability for Disclosure
§ 18-8-116. Disarming a Peace Officer
§ 18-8-117. Unlawful Sale of Publicly Provided Services or Appointments - Definitions