(1) A person commits offering a false instrument for recording in the first degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee.
(2) Offering a false instrument for recording in the first degree is a class 5 felony.
(3) A person commits offering a false instrument for recording in the second degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee.
(4) Offering a false instrument for recording in the second degree is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 437, § 1. C.R.S. 1963: § 40-5-114. L. 80: Entire section amended, p. 536, § 1, effective April 13. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3183, § 234, effective March 1, 2022.
Notes of Decisions
Cited in
16
cases, 1975–2013 · leading case:
People v. Norman, 703 P.2d 1261 (Colo. 1985).
People v. Norman, 703 P.2d 1261 (Colo. 1985).
· cites it 10× “Defendant was convicted of two counts of offering a false instrument for recording, in violation of § 18-5-114, 8 C.R.S. (1978). [9] The charges were based upon the warranty deeds which defendant filed on September 17, 1979, and September 3, 1980.”
People v. Vigil, 251 P.3d 442 (Colo. Ct. App. 2010).
· cites it 3× “ed or offered a written instrument, namely: DUPLICATE CERTIFICATE OF TITLE # 10R564092 and POWER OF ATTORNEY FOR MOTOR VEHICLE ONLY, relating to or affecting real or personal property or directly affecting contractual relationships, to a public office or a public employee,…”
People v. Bagby, 734 P.2d 1059 (Colo. 1987).
· cites it 6× “The People appeal the judgment of the El Paso County District Court dismissing an information charging the defendant, Insuk Bagby, with the offense of offering a false instrument for recording in violation of section 18-5-114, 8B C.R.S. (1986). We affirm.”
Henson v. Bank of Am., 935 F. Supp. 2d 1128 (D. Colo. 2013).
· cites it 6× “Defendant Castle Stawiarski, LLC allegedly committed the first predicate act in violation of Colo.Rev.Stat. § 18-5-114, by filing on July 15, 2010, a Notice and Election that “contained a material falsehood (i.”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
· cites it 4× “Section 18-5-114(1), C.R.S.2005. Here, the trial court found, “[T]here’s no evidence whatsoever that the defendant offered any instrument for recording.”
People v. Swearingen, 649 P.2d 1102 (Colo. 1982).
· cites it 5× “8) 1 and offering a false instrument for recording, section 18-5-114, C.R.S. 1973 (1981 Supp.”
People v. Warner (two Cases), 930 P.2d 564 (Colo. 1996).
· cites it 4× “§ 18-5-114, 8B C.R.S. (1985). The same conduct was more specifically proscribed by various sections and implementing regulations of the Colorado Liquor Code.”
People v. Cohn, 160 P.3d 336 (Colo. Ct. App. 2007).
· cites it 2× “Section 18-5-114(1), C.R.8.2006. A. First Five Counts Defendant argues there is no evidence establishing he intended to defraud the board members because there was no evidence he intended "to deceive" them.”
People v. Freda, 817 P.2d 588 (Colo. Ct. App. 1991).
· cites it 4× “Section 18-5-114(1), C.R.S. (1986 Repl.Vol.”
People v. Eckley, 775 P.2d 566 (Colo. 1989).
· cites it 4× “The indictment contains allegations that Carroll offered false instruments for recording, in violation of § 18-5-114, 8B C.R.S. (1986) (counts 77, 78, 82 and 83); committed forgery, in violation of § 18-5-103(l)(b), 8B C.”
People v. Kovacs, 284 P.3d 186 (Colo. Ct. App. 2012).
· cites it 2× “, § 18-5-114(1), C.R.S.2011 (offering a false instrument for recording); § 18-8-503(1), C.”
People v. Corley, 698 P.2d 1336 (Colo. 1985).
“§ 18-5-114(1), 8 C.R.S. (1984 Supp.). 3 .”
— Colo. Rev. Stat. § 18-5-114(1) — 6 cases
People v. Vigil, 251 P.3d 442 (Colo. Ct. App. 2010).
“ed or offered a written instrument, namely: DUPLICATE CERTIFICATE OF TITLE # 10R564092 and POWER OF ATTORNEY FOR MOTOR VEHICLE ONLY, relating to or affecting real or personal property or directly affecting contractual relationships, to a public office or a public employee,…”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
“Section 18-5-114(1), C.R.S.2005. Here, the trial court found, “[T]here’s no evidence whatsoever that the defendant offered any instrument for recording.”
People v. Cohn, 160 P.3d 336 (Colo. Ct. App. 2007).
“Section 18-5-114(1), C.R.8.2006. A. First Five Counts Defendant argues there is no evidence establishing he intended to defraud the board members because there was no evidence he intended "to deceive" them.”
People v. Freda, 817 P.2d 588 (Colo. Ct. App. 1991).
“Section 18-5-114(1), C.R.S. (1986 Repl.Vol.”
People v. Kovacs, 284 P.3d 186 (Colo. Ct. App. 2012).
“, § 18-5-114(1), C.R.S.2011 (offering a false instrument for recording); § 18-8-503(1), C.”
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