- [ Editor’s note: This version of subsection (1) is effective until March 1, 2022.] Any person who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article 8 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article 8 is guilty of a class 5 felony and, upon conviction thereof, shall be punished as specified in section 18-1.3-401.
(1) [ Editor’s note: This version of subsection (1) is effective March 1, 2022. ] Any person who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this article 8 or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article 8 commits a class 2 misdemeanor.
- Prosecution under this section shall be commenced upon request by the division or a peace officer, who must present evidence based on reasonable suspicion to either the attorney general or a district attorney for the district in which an alleged violation occurs. No criminal violation will be charged without probable cause.
- [ Editor’s note: This version of subsection (3) is effective until March 1, 2022.] If two separate offenses under this section occur in two separate occurrences during a period of two years, notwithstanding section 18-1.3-401, the maximum fine and period of imprisonment for the second offense are double the amounts specified in section 18-1.3-401.
(3) [ Editor’s note: This version of subsection (3) is effective March 1, 2022. ] If two separate offenses under this section occur in two separate occurrences during a period of two years, notwithstanding section 18-1.3-501, the maximum fine and period of imprisonment for the second offense are double the amounts specified in section 18-1.3-501.
- Any penalty collected under this section shall be credited to the general fund.
Source: L. 81: Entire article R&RE, p. 1335, § 1, effective July 1. L. 83: (2) amended, p. 1080, § 7, effective July 1. L. 2020: Entire section amended, (HB 20-1143), ch. 219, p. 1083, § 4, effective July 2. L. 2021: (1) and (3) amended, (SB 21-271), ch. 462, p. 3238, § 467, 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.