§ 36-20-126. Penalties

1. 1. Any person responsible for conducting a weather modification operation without first having procured the required permit and any person who contracts with or pays another person known to be without a permit to conduct a weather modification operation commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
   2. Any person operating an aircraft conducting a weather modification operation, which operation has not received the required permit, shall have this violation reported to the United States department of transportation, federal aviation administration, by the director.
2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Any person who makes a false statement in the application for a permit, who fails to file any report as required by this article, or who violates any other provisions of this article, except as otherwise provided in section 36-20-123 and subsection (1) of this section, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each such violation shall be a separate offense.

   (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] Any person who makes a false statement in the application for a permit, who fails to file any report as required by this article 20, or who violates any other provisions of this article 20, except as otherwise provided in section 36-20-123 and subsection (1) of this section, commits a class 2 misdemeanor. Each such violation shall be a separate offense.

Source: L. 72: R&RE, p. 642, § 1. C.R.S. 1963: § 151-1-26. L. 79: Entire section amended, p. 1349, § 2, effective July 1. L. 89: (1)(a) amended, p. 850, § 132, effective July 1. L. 96: (1)(a) and (2) amended, p. 973, § 19, effective July 1. L. 2002: (1)(a) amended, p. 1552, § 332, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3289, § 671, 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 the legislative declaration contained in the 2002 act amending subsection (1)(a), see section 1 chapter 318, Session Laws of Colorado 2002.