Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-17-108 (2026)

Construction of article

✓ current as of July 2026
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To effectuate the intent and purpose of this article, the provisions of this article shall be liberally construed.

Source: L. 81: Entire article added, p. 1025, § 1, effective July 1.

Notes of Decisions
Cited in 21 cases, 1985–2013 · leading case: In Re the Marriage of Ensminger, 209 P.3d 1163 (Colo. Ct. App. 2008).
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In Re the Marriage of Ensminger, 209 P.3d 1163 (Colo. Ct. App. 2008). · cites it 3× “Wife's attorney contends the trial court abused its discretion in upholding the award of fees and particularly the amount of fees, asserting that the court did not properly consider the pertinent factors set forth in section 18-17-108(1), C.”
People v. Randell, 297 P.3d 989 (Colo. Ct. App. 2012). · cites it 6× “§ 18-17-108, C.R.S.2011. "Racketeering activity" is defined broadly to include theft, theft by receiving, forgery, computer crime, and other offenses not at issue here.”
Munoz v. Measner, 247 P.3d 1031 (Colo. 2011). · cites it 8× “As the court of appeals observed, seetion 13-17-102(4) must also be read in conjunction with section 18-17-108(1), which further assists the court in determining when an award of attorney fees is appropriate.”
People v. Davis, 296 P.3d 219 (Colo. Ct. App. 2012). · cites it 5× “" § 18-17-108(2), C.R.S.2011. "Pattern of racketeering activity" is defined as "engaging in at least two acts of racketeering activity which are related to the conduct of the enterprise .”
Coats v. Dish Network, L.L.C., 303 P.3d 147 (Colo. Ct. App. 2013). · cites it 3× “For example, in section 18-17-108(6), C.R.S.2013, "'Unlawful debt' means a debt incurred or contracted in an illegal gambling activity or business or which is unenforceable under state or federal law in whole or in part as to principal or interest because of the law relating to…”
In re the Marriage of Tognoni, 313 P.3d 655 (Colo. Ct. App. 2011). · cites it 4× “1989) ("Section 18-17-108 contains a nonexclusive list of factors that a court must consider in determining whether to assess attorney fees.”
People v. James, 40 P.3d 36 (Colo. Ct. App. 2001). · cites it 3× “Substantially following the language of §§ 18-17-108(2), 18-17-1038), and 18-17-104(8), C.”
People v. Hoover, 165 P.3d 784 (Colo. Ct. App. 2006). · cites it 3× “" Section 18-17-108, C.R.8.2006. This legislative declaration closely parallels the Statement of Findings and Purpose that introduces the Federal Organized Crime Control Act of 1970, of which RICO is a part.”
Ryder v. Mitchell, 54 P.3d 885 (Colo. 2002). · cites it 2× “It instructed that, if the trial court determined that an attorney fees award was appropriate, the trial court should make express findings pertaining to the relevant factors identified in section 18-17-108. Id. Neither party sought certiorari on the issue of the trial court's…”
People v. McGlotten, 166 P.3d 182 (Colo. Ct. App. 2007). · cites it 3× “Section 18-17-108(2), C.R.S.2006. This definition is similar to the one set forth in the federal Racketeer Influenced and Corrupt Organizations Act (RICO).”
J.D. Padilla & JDP, LLC v. Ghuman, 183 P.3d 653 (Colo. Ct. App. 2007). · cites it 3× “Where the trial court awards attorney fees without holding a hearing and without making specific findings pursuant to section 18-17-108(1), C.R.S.2007, the court abuses its discretion.”
People v. Pollard, 3 P.3d 473 (Colo. Ct. App. 2000). · cites it 4× “Section 18-17-108(2), C.R.S.1999. "Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property.”
Show all 21 citing cases →
Colo. Rev. Stat. § 18-17-108(1): 7 cases
In Re the Marriage of Ensminger, 209 P.3d 1163 (Colo. Ct. App. 2008). “Wife's attorney contends the trial court abused its discretion in upholding the award of fees and particularly the amount of fees, asserting that the court did not properly consider the pertinent factors set forth in section 18-17-108(1), C.”
Munoz v. Measner, 247 P.3d 1031 (Colo. 2011). “As the court of appeals observed, seetion 13-17-102(4) must also be read in conjunction with section 18-17-108(1), which further assists the court in determining when an award of attorney fees is appropriate.”
J.D. Padilla & JDP, LLC v. Ghuman, 183 P.3d 653 (Colo. Ct. App. 2007). “Where the trial court awards attorney fees without holding a hearing and without making specific findings pursuant to section 18-17-108(1), C.R.S.2007, the court abuses its discretion.”
Ranta Constr., Inc. v. Anderson, 190 P.3d 835 (Colo. Ct. App. 2008).
Munoz v. Measner, 214 P.3d 510 (Colo. Ct. App. 2009).
Colo. Rev. Stat. § 18-17-108(1)(e): 1 case
Munoz v. Measner, 247 P.3d 1031 (Colo. 2011). “As the court of appeals observed, seetion 13-17-102(4) must also be read in conjunction with section 18-17-108(1), which further assists the court in determining when an award of attorney fees is appropriate.”
Colo. Rev. Stat. § 18-17-108(2): 5 cases
People v. James, 40 P.3d 36 (Colo. Ct. App. 2001). “Substantially following the language of §§ 18-17-108(2), 18-17-1038), and 18-17-104(8), C.”
People v. McGlotten, 166 P.3d 182 (Colo. Ct. App. 2007). “Section 18-17-108(2), C.R.S.2006. This definition is similar to the one set forth in the federal Racketeer Influenced and Corrupt Organizations Act (RICO).”
People v. Davis, 296 P.3d 219 (Colo. Ct. App. 2012). “" § 18-17-108(2), C.R.S.2011. "Pattern of racketeering activity" is defined as "engaging in at least two acts of racketeering activity which are related to the conduct of the enterprise .”
People v. Randell, 297 P.3d 989 (Colo. Ct. App. 2012). “§ 18-17-108, C.R.S.2011. "Racketeering activity" is defined broadly to include theft, theft by receiving, forgery, computer crime, and other offenses not at issue here.”
People v. Pollard, 3 P.3d 473 (Colo. Ct. App. 2000). “Section 18-17-108(2), C.R.S.1999. "Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property.”
Colo. Rev. Stat. § 18-17-108(4): 1 case
People v. Pollard, 3 P.3d 473 (Colo. Ct. App. 2000). “Section 18-17-108(2), C.R.S.1999. "Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property.”
Colo. Rev. Stat. § 18-17-108(5)(b): 1 case
People v. Randell, 297 P.3d 989 (Colo. Ct. App. 2012). “§ 18-17-108, C.R.S.2011. "Racketeering activity" is defined broadly to include theft, theft by receiving, forgery, computer crime, and other offenses not at issue here.”
Colo. Rev. Stat. § 18-17-108(5)(b)(I): 1 case
People v. Davis, 296 P.3d 219 (Colo. Ct. App. 2012). “" § 18-17-108(2), C.R.S.2011. "Pattern of racketeering activity" is defined as "engaging in at least two acts of racketeering activity which are related to the conduct of the enterprise .”
Colo. Rev. Stat. § 18-17-108(6): 1 case
Coats v. Dish Network, L.L.C., 303 P.3d 147 (Colo. Ct. App. 2013). “For example, in section 18-17-108(6), C.R.S.2013, "'Unlawful debt' means a debt incurred or contracted in an illegal gambling activity or business or which is unenforceable under state or federal law in whole or in part as to principal or interest because of the law relating to…”
Colo. Rev. Stat. § 18-17-108(8): 3 cases
People v. Randell, 297 P.3d 989 (Colo. Ct. App. 2012). “§ 18-17-108, C.R.S.2011. "Racketeering activity" is defined broadly to include theft, theft by receiving, forgery, computer crime, and other offenses not at issue here.”
People v. Davis, 296 P.3d 219 (Colo. Ct. App. 2012). “" § 18-17-108(2), C.R.S.2011. "Pattern of racketeering activity" is defined as "engaging in at least two acts of racketeering activity which are related to the conduct of the enterprise .”
People v. Hoover, 165 P.3d 784 (Colo. Ct. App. 2006). “" Section 18-17-108, C.R.8.2006. This legislative declaration closely parallels the Statement of Findings and Purpose that introduces the Federal Organized Crime Control Act of 1970, of which RICO is a part.”
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