Colorado Revised Statutes

Colo. Rev. Stat. § 18-5-401 (2026)

Commercial bribery and breach of duty to act disinterestedly

✓ current as of July 2026

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(1) A person commits a class 6 felony if he solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as: (a) Agent or employee; or (b) Trustee, guardian, or other fiduciary; or (c) Lawyer, physician, accountant, appraiser, or other professional adviser; or (d) Officer, director, partner, manager, or other participant in the direction of the affairs of an incorporated or unincorporated association; or (e) Duly elected or appointed representative or trustee of a labor organization or employee welfare trust fund; or (f) Arbitrator or other purportedly disinterested adjudicator or referee. (2) A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, property, or services commits a class 6 felony if he knowingly solicits, accepts, or agrees to accept any benefit to alter, modify, or change his selection, appraisal, or criticism. (3) A person commits a class 6 felony if he confers or offers or agrees to confer any benefit the acceptance of which would be a felony under subsections (1) and (2) of this section.

Source: L. 71: R&RE, p. 443, § 1. C.R.S. 1963: § 40-5-401. L. 77: (2) amended, p. 964, § 32, effective July 1. L. 89: IP(1), (2), and (3) amended, p. 835, § 60, effective July 1.

Cross references: For bribery of a public servant, see § 18-8-302.

Notes of Decisions

Cited in 8 cases, 1980–2020 · leading case: People v. Lee, 717 P.2d 493 (Colo. 1986).

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People v. Lee, 717 P.2d 493 (Colo. 1986). · cites it 18× “Defendants were charged with violating the commercial bribery statute, § 18-5-401, 8 C.R.S. (1978). Defendant Lee moved to dismiss the charge on the ground that the statute is unconstitutional on its face.”

United States v. Lee, 667 F. Supp. 1404 (D. Colo. 1987). · cites it 19× “Tabor, a vendor of services to Public Service, as consideration for knowingly violating and agreeing to violate his (LEE’s) duty of fidelity to his superiors, Public Service, its shareholders and customers to which he was subject by reason of being an employee and officer of…”

Cont'l 332 Fund, LLC v. Albertelli, 317 F. Supp. 3d 1124 (M.D. Fla. 2018). “See Colo. Rev. Stat. § 18-5-401 ; see also Tex.”

United States v. Lewis M. Dischner, United States of Am. v. Carl W. Mathisen, 974 F.2d 1502 (9th Cir. 1992). “Colo.Rev.Stat. § 18-5-401(1) (emphasis added).”

Bailey v. People, 617 P.2d 549 (Colo. 1980). · cites it 3× “” 5 The petitioners were not charged under section 18-5-401, C.R.S. 1973 (1978 Repl.”

In Re the Extradition of Chan Seong-I, 346 F. Supp. 2d 1149 (D.N.M. 2004). “3 ( felony punishable by a term of im *1160 prisonment for more than a year if the amount of the bribe exceeds one thousand dollars); Colo Rev. Stat. Ann. § 18-5-401 (felony); Conn.”

United States v. Welch, 198 F.R.D. 545 (D. Utah 2001). “§ 76-6-508 and Colo.Rev.Stat. § 18-5-401. Counts 2 through 5 charging Travel Act violations allege bribery as an object in violation of Utah Code Ann.”

Cont'l 332 Fund, LLC v. Kozlowski (M.D. Fla. 2020). “43 and Colo. Rev. Stat. § 18-5-401 . Plaintiffs accuse Hilz of four acts of wire fraud.”

— Colo. Rev. Stat. § 18-5-401(1) — 1 case

United States v. Lewis M. Dischner, United States of Am. v. Carl W. Mathisen, 974 F.2d 1502 (9th Cir. 1992). “Colo.Rev.Stat. § 18-5-401(1) (emphasis added).”

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