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

Colo. Rev. Stat. § 18-8-402 (2026)

Misuse of official information

✓ current as of July 2026
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(1) Any public servant, in contemplation of official action by himself or by a governmental unit with which he is associated or in reliance on information to which he has access in his official capacity and which has not been made public, commits misuse of official information if he:

(a) Acquires a pecuniary interest in any property, transaction, or enterprise which may be affected by such information or official action; or

(b) Speculates or wagers on the basis of such information or official action; or

(c) Aids, advises, or encourages another to do any of the foregoing with intent to confer on any person a special pecuniary benefit.

(2) Misuse of official information is a class 5 felony.

Source: L. 71: R&RE, p. 461, § 1. C.R.S. 1963: § 40-8-402. L. 89: (2) amended, p. 840, § 83, effective July 1. L. 2023: (2) amended, (HB 23-1293), ch. 298, p. 1789, § 31, effective October 1.

Notes of Decisions
Cited in 38 cases, 2000–2016 · leading case: People v. Keene, 226 P.3d 1140 (Colo. Ct. App. 2009).
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People v. Keene, 226 P.3d 1140 (Colo. Ct. App. 2009). · cites it 11× “because the prosecution failed to show probable cause for the "sexual intrusion or penetration" element of sexual assault under section 18-8-402(1), C.R.S.2008. We agree.”
People v. Everett, 250 P.3d 649 (Colo. Ct. App. 2010). · cites it 5× “The jury convicted defendant of the class three felony of sexual assault in violation of *664 section 18-8-402(1) and (4)(a). However, these subsections do not establish per se crimes of violence in this case because J.”
People v. Clark, 214 P.3d 531 (Colo. Ct. App. 2009). · cites it 3× “§ 18-8-402(1l)(a), (4), C.R.S.2008. The presumptive sentencing range for a class three felony is four to twelve years of imprisonment.”
People v. Garcia, 296 P.3d 285 (Colo. Ct. App. 2012). · cites it 3× “§ 18-8-402(1)(b), (2), (4), CRS. 2011. One such cirenmstance is the defendant substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing…”
People v. McAfee, 160 P.3d 277 (Colo. Ct. App. 2007). · cites it 2× “2006 (criminal attempt); § 18-8-402(1)(a), C.R.S.2006 {elements of sexual assault).”
People v. Harris, 43 P.3d 221 (Colo. 2002). · cites it 2× “At the close of the interview, Harris was charged with one count of first degree sexual assault, a class three felony, in violation of section 18-8-402(1)(a), 6 C.R.S. (1998) and with seven counts of habitual eriminal based on prior felony property crimes, in violation of…”
People v. Cooper, 27 P.3d 348 (Colo. 2001). · cites it 2× “Defendant Alfred Rodrigues (Rodriguez) pleaded guilty in May 1998, to one count of attempted first degree sexual assault in violation of section 18-8-402(1)(b), 6 CRS. (2000), an offense committed on January 19, 1998.”
People v. Morales, 356 P.3d 972 (Colo. Ct. App. 2014). · cites it 7× “T5 Morales was charged with two counts of sexual assault under section 18-8-402, C.R.S.2014. The charging document specified that these counts related to the act of performing cunnilingus on B.”
People v. Hicks, 262 P.3d 916 (Colo. Ct. App. 2011). · cites it 2× “within ten years after the commission of the offense, there shall be no limit on the period of time during which a person may be prosecuted after the commission of the offense as to any offense charged: (I) Under section 18-8-402. ... This exeeption applies to offenses committed…”
People v. Durapau, 280 P.3d 42 (Colo. Ct. App. 2011). · cites it 2× “2010 (an offense involving unlawful sexual behavior includes sexual assault in violation of section 18-8-402, as it existed prior to July 1, 2000).”
People v. Tuffo, 209 P.3d 1226 (Colo. Ct. App. 2009). · cites it 4× “Defendant's offense was sexual assault in violation of section 18-8-402(1)(e). There is no basis for concluding the legislature intended to exclude section 18-8-402(1)(e) misdemeanor sexual assaults from the SVP statute.”
People v. Santana-Medrano, 165 P.3d 804 (Colo. Ct. App. 2006). · cites it 10× “Defendant does not dispute the sufficiency of the evidence supporting this verdict, and either finding is sufficient for a conviction under § 18-8-402(1). Cf. People v. Dunaway, 88 P.”
Show all 38 citing cases →
— Colo. Rev. Stat. § 18-8-402(1) — 7 cases
People v. Everett, 250 P.3d 649 (Colo. Ct. App. 2010). “The jury convicted defendant of the class three felony of sexual assault in violation of *664 section 18-8-402(1) and (4)(a). However, these subsections do not establish per se crimes of violence in this case because J.”
People v. Keene, 226 P.3d 1140 (Colo. Ct. App. 2009). “because the prosecution failed to show probable cause for the "sexual intrusion or penetration" element of sexual assault under section 18-8-402(1), C.R.S.2008. We agree.”
People v. Morales, 356 P.3d 972 (Colo. Ct. App. 2014). “T5 Morales was charged with two counts of sexual assault under section 18-8-402, C.R.S.2014. The charging document specified that these counts related to the act of performing cunnilingus on B.”
People v. Bertrand, 342 P.3d 582 (Colo. Ct. App. 2014).
People v. Santana-Medrano, 165 P.3d 804 (Colo. Ct. App. 2006). “Defendant does not dispute the sufficiency of the evidence supporting this verdict, and either finding is sufficient for a conviction under § 18-8-402(1). Cf. People v. Dunaway, 88 P.”
— Colo. Rev. Stat. § 18-8-402(1)(a) — 11 cases
People v. Everett, 250 P.3d 649 (Colo. Ct. App. 2010). “The jury convicted defendant of the class three felony of sexual assault in violation of *664 section 18-8-402(1) and (4)(a). However, these subsections do not establish per se crimes of violence in this case because J.”
People v. McAfee, 160 P.3d 277 (Colo. Ct. App. 2007). “2006 (criminal attempt); § 18-8-402(1)(a), C.R.S.2006 {elements of sexual assault).”
People v. Harris, 43 P.3d 221 (Colo. 2002). “At the close of the interview, Harris was charged with one count of first degree sexual assault, a class three felony, in violation of section 18-8-402(1)(a), 6 C.R.S. (1998) and with seven counts of habitual eriminal based on prior felony property crimes, in violation of…”
People v. Keene, 226 P.3d 1140 (Colo. Ct. App. 2009). “because the prosecution failed to show probable cause for the "sexual intrusion or penetration" element of sexual assault under section 18-8-402(1), C.R.S.2008. We agree.”
People v. Santana-Medrano, 165 P.3d 804 (Colo. Ct. App. 2006). “Defendant does not dispute the sufficiency of the evidence supporting this verdict, and either finding is sufficient for a conviction under § 18-8-402(1). Cf. People v. Dunaway, 88 P.”
— Colo. Rev. Stat. § 18-8-402(1)(b) — 4 cases
People v. Cooper, 27 P.3d 348 (Colo. 2001). “Defendant Alfred Rodrigues (Rodriguez) pleaded guilty in May 1998, to one count of attempted first degree sexual assault in violation of section 18-8-402(1)(b), 6 CRS. (2000), an offense committed on January 19, 1998.”
People v. Platt, 170 P.3d 802 (Colo. Ct. App. 2007).
People v. Garcia, 296 P.3d 285 (Colo. Ct. App. 2012). “§ 18-8-402(1)(b), (2), (4), CRS. 2011. One such cirenmstance is the defendant substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing…”
People v. Platt, 81 P.3d 1060 (Colo. 2004).
— Colo. Rev. Stat. § 18-8-402(1)(e) — 2 cases
People v. Tuffo, 209 P.3d 1226 (Colo. Ct. App. 2009). “Defendant's offense was sexual assault in violation of section 18-8-402(1)(e). There is no basis for concluding the legislature intended to exclude section 18-8-402(1)(e) misdemeanor sexual assaults from the SVP statute.”
J.S. v. Chambers, 226 P.3d 1193 (Colo. Ct. App. 2009).
— Colo. Rev. Stat. § 18-8-402(1)(h) — 2 cases
People v. Keene, 226 P.3d 1140 (Colo. Ct. App. 2009). “because the prosecution failed to show probable cause for the "sexual intrusion or penetration" element of sexual assault under section 18-8-402(1), C.R.S.2008. We agree.”
Platt v. People, 201 P.3d 545 (Colo. 2009).
— Colo. Rev. Stat. § 18-8-402(1l)(a) — 1 case
People v. Clark, 214 P.3d 531 (Colo. Ct. App. 2009). “§ 18-8-402(1l)(a), (4), C.R.S.2008. The presumptive sentencing range for a class three felony is four to twelve years of imprisonment.”
— Colo. Rev. Stat. § 18-8-402(4) — 3 cases
People v. Greer, 262 P.3d 920 (Colo. Ct. App. 2011).
People v. LOYAS, 259 P.3d 505 (Colo. Ct. App. 2010).
People v. Santana-Medrano, 165 P.3d 804 (Colo. Ct. App. 2006). “Defendant does not dispute the sufficiency of the evidence supporting this verdict, and either finding is sufficient for a conviction under § 18-8-402(1). Cf. People v. Dunaway, 88 P.”
— Colo. Rev. Stat. § 18-8-402(4)(a) — 5 cases
People v. Clark, 214 P.3d 531 (Colo. Ct. App. 2009). “§ 18-8-402(1l)(a), (4), C.R.S.2008. The presumptive sentencing range for a class three felony is four to twelve years of imprisonment.”
People v. Keene, 226 P.3d 1140 (Colo. Ct. App. 2009). “because the prosecution failed to show probable cause for the "sexual intrusion or penetration" element of sexual assault under section 18-8-402(1), C.R.S.2008. We agree.”
People v. Holwuttle, 155 P.3d 447 (Colo. Ct. App. 2006).
People v. Bryant, 316 P.3d 18 (Colo. Ct. App. 2013).
People v. Santana-Medrano, 165 P.3d 804 (Colo. Ct. App. 2006). “Defendant does not dispute the sufficiency of the evidence supporting this verdict, and either finding is sufficient for a conviction under § 18-8-402(1). Cf. People v. Dunaway, 88 P.”
— Colo. Rev. Stat. § 18-8-402(4)(d) — 1 case
People v. Garcia, 296 P.3d 285 (Colo. Ct. App. 2012). “§ 18-8-402(1)(b), (2), (4), CRS. 2011. One such cirenmstance is the defendant substantially impaired the victim's power to appraise or control the victim's conduct by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing…”
— Colo. Rev. Stat. § 18-8-402(5)(a)(D) — 1 case
Perez v. People, 302 P.3d 222 (Colo. 2013).
— Colo. Rev. Stat. § 18-8-402(5)(a)(I) — 1 case
Tumentsereg v. People, 247 P.3d 1015 (Colo. 2011).
— Colo. Rev. Stat. § 18-8-402(5)(a)(II1) — 1 case
People v. Lancaster, 2015 COA 93 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-8-402(5)(a)(III) — 1 case
People v. Herdman, 310 P.3d 170 (Colo. Ct. App. 2012).
— Colo. Rev. Stat. § 18-8-402(5)(b) — 1 case
People v. Lancaster, 2015 COA 93 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-8-402(6) — 2 cases
People v. Lancaster, 2015 COA 93 (Colo. Ct. App. 2015).
People v. Becker, 55 P.3d 246 (Colo. Ct. App. 2002).
— Colo. Rev. Stat. § 18-8-402(6)(a) — 1 case
People v. Santana-Medrano, 165 P.3d 804 (Colo. Ct. App. 2006). “Defendant does not dispute the sufficiency of the evidence supporting this verdict, and either finding is sufficient for a conviction under § 18-8-402(1). Cf. People v. Dunaway, 88 P.”
— Colo. Rev. Stat. § 18-8-402(l)(e) — 1 case
People v. Anderson, 183 P.3d 649 (Colo. Ct. App. 2007).
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