(1) A person commits trading in public office if:
(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant or party officer upon an agreement or understanding that he or a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office; or
(b) While a public servant or party officer, he solicits, accepts, or agrees to accept any pecuniary benefit from another upon an agreement or understanding that a particular person will or may be appointed to a public office or designated or nominated as a candidate for public office.
(2) It shall be an affirmative defense that the pecuniary benefit was a customary contribution to political campaign funds solicited and received by lawfully constituted political parties.
(3) Trading in public office is a class 1 misdemeanor. Source: L. 71: R&RE, p. 460, § 1. C.R.S. 1963: § 40-8-305. L. 72: p. 275, § 7. L. 73: p. 539, § 6.
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805.
Notes of Decisions
Cited in
3
cases, 2003–2014 · leading case:
People v. Oglethorpe, 87 P.3d 129 (Colo. Ct. App. 2003).
People v. Oglethorpe, 87 P.3d 129 (Colo. Ct. App. 2003).
· cites it 2× “Defendant pleaded guilty to enticement of a child in violation of § 18-8-305(1), C.R.S. 2002, a class four felony.”
People v. Pifer, 350 P.3d 936 (Colo. Ct. App. 2014).
“§ 18-8-305(1). . We fail to see how asking the three girls if they would like to come inside the apartment was not an invitation to do just that.”
People v. Loveall, 203 P.3d 540 (Colo. Ct. App. 2008).
· cites it 2× “See § 18-8-305(8), C.R.S. 2007 (court must report a violation of enticement of a child when a school district employee "is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section" {emphasis added)).”
Colo. Rev. Stat. § 18-8-305(1): 2 cases
People v. Oglethorpe, 87 P.3d 129 (Colo. Ct. App. 2003).
“Defendant pleaded guilty to enticement of a child in violation of § 18-8-305(1), C.R.S. 2002, a class four felony.”
People v. Pifer, 350 P.3d 936 (Colo. Ct. App. 2014).
“§ 18-8-305(1). . We fail to see how asking the three girls if they would like to come inside the apartment was not an invitation to do just that.”
Colo. Rev. Stat. § 18-8-305(8): 1 case
People v. Loveall, 203 P.3d 540 (Colo. Ct. App. 2008).
“See § 18-8-305(8), C.R.S. 2007 (court must report a violation of enticement of a child when a school district employee "is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this section" {emphasis added)).”
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