- [ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant, or offensive-smelling substance with the intent to interfere with another’s use or enjoyment of the land, building, or vehicle commits a class 3 misdemeanor.
(1) [ Editor’s note: This version of subsection (1) is effective March 1, 2022. ] Any person who deposits on the land or in the building or vehicle of another, without the other person’s consent, any stink bomb or device, irritant, or offensive-smelling substance with the intent to interfere with another’s use or enjoyment of the land, building, or vehicle commits a civil infraction.
- It shall be an affirmative defense that a peace officer in the performance of his duties reasonably used a noxious substance.
Source: L. 71: R&RE, p. 433, § 1. C.R.S. 1963: § 40-4-513. L. 73: p. 538, § 2. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3180, § 220, 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.