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

Colo. Rev. Stat. § 18-8-406 (2024)

Issuing a false certificate

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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A person commits a class 6 felony, if, being a public servant authorized by law to make and issue official certificates or other official written instruments, he makes and issues such an instrument containing a statement which he knows to be false.

Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-406. L. 89: Entire section amended, p. 840, § 84, effective July 1.

Notes of Decisions
Cited in 6 cases, 1985–2013 · leading case: People v. Buckallew, 848 P.2d 904 (Colo. 1993).
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People v. Buckallew, 848 P.2d 904 (Colo. 1993). · cites it 17× “Larry Eugene Buckal-lew, knowing that said certification was false, submitted the false certificate to the Director of Alcohol, Tobacco and Firearms, a federal agency, so that weapons could be purchased by Gary Perko, the issuance of said false certification being an unlawful,…”
People v. Munsey, 232 P.3d 113 (Colo. Ct. App. 2009). · cites it 2× “2008; and • Issuing a false certificate, § 18-8-406, C.R.S.2008. The attempted theft charge related to defendant’s 2002-2003 contract only — in that year the Board discovered the discrepancy in defendant’s salary figures.”
Gorman v. People, 19 P.3d 662 (Colo. 2000). · cites it 2× “Thus, in accordance with section 18-8-406(2), the affirmative defense as to reasonable belief of age was not available to Hastings.”
People v. Houser, 2013 COA 11, 337 P.3d 1238. “5, § 18-8-406, 2001 Colo. Sess. Laws 859 . The legislature also added a see-ond sentence in 2007, saying that the affirmative defense permitted by the section "shall not be available if the criminality of conduct depends on the defendant being in a position of trust.”
People v. Koverman, 38 P.3d 85 (Colo. 2002). “§ 18-8-406, 6 C.R.S. (2001). . § 18-18-415(1)(a) 6 CR.”
People v. Simon, 698 P.2d 228 (Colo. 1985). · cites it 2× “Lynn Sunahara entered a plea of guilty to issuing a false certificate, section 18-8-406, 8 C.R.S. (1978) (a class 5 felony), was granted a 2-year deferred judgment and sentence, and was placed under the supervision of the probation department.”
Colo. Rev. Stat. § 18-8-406(2): 1 case
Gorman v. People, 19 P.3d 662 (Colo. 2000). “Thus, in accordance with section 18-8-406(2), the affirmative defense as to reasonable belief of age was not available to Hastings.”
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