(1) A person commits a class 2 misdemeanor if:
(a) The person knowingly makes a false entry in or falsely alters any public record; or
(b) Knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs the availability of any public record; or
(c) Knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person's possession upon proper request of any person lawfully entitled to receive such record; or
(d) Knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record.
(2) As used in this section, the term "public record" includes all official books, papers, or records created, received, or used by or in any governmental office or agency.
Source: L. 71: R&RE, p. 457, § 1. C.R.S. 1963: § 40-8-114. L. 77: (1)(b) amended, p. 966, § 40, effective July 1. L. 96: (1) amended, p. 1561, § 15, effective July 1. L. 2021: IP(1) amended, (SB 21-271), ch. 462, p. 3196, § 280, effective March 1, 2022.
Notes of Decisions
Cited in
4
cases, 1975–2000 · leading case:
State v. Brantner, 758 A.2d 84 (Md. 2000).
State v. Brantner, 758 A.2d 84 (Md. 2000).
“8 The Colorado statute that is similar to § 45A is Colo.Rev. Stat. Ann. § 18-8-114. Captioned “Abuse of public records,” it provides: “(1) A person commits a class 1 misdemeanor if: “(a) The person knowingly makes a false entry in or falsely alters any public record; or “(b)…”
People v. Sheffer, 35 P.3d 466 (Colo. 1999).
· cites it 3× “Through a plea bargain, Sheffer pled guilty to a fourth charge of abuse of public records, § 18-8-114(1)(c), 6 C.R.S. (1998) a class 1 misdemeanor, and received eighteen months probation, a fine of $500.”
People v. Trujillo, 536 P.2d 46 (Colo. 1975).
· cites it 3× “Now section 18-8-114, C.R.S. 1973. Now section 18-5-114, C.”
People v. Trujillo, 536 P.2d 46 (Colo. 1975).
· cites it 3× “Now section 18-8-114, C.R.S. 1973. Now section 18-5-114, C.”
— Colo. Rev. Stat. § 18-8-114(1)(c) — 1 case
People v. Sheffer, 35 P.3d 466 (Colo. 1999).
“Through a plea bargain, Sheffer pled guilty to a fourth charge of abuse of public records, § 18-8-114(1)(c), 6 C.R.S. (1998) a class 1 misdemeanor, and received eighteen months probation, a fine of $500.”
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