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

Colo. Rev. Stat. § 18-8-407 (2026)

Embezzlement of public property

✓ current as of July 2026
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(1) Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property of the state or of any political subdivision of the state, and who knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by law is guilty of embezzlement of public property. Every person convicted under the provisions of this section shall be forever thereafter ineligible and disqualified from being a member of the general assembly of this state or from holding any office of trust or profit in this state.

(2) Embezzlement of public property is a class 5 felony.

Source: L. 71: R&RE, p. 462, § 1. C.R.S. 1963: § 40-8-407. L. 77: (1) amended, p. 967, § 45, effective July 1. L. 89: (2) amended, p. 840, § 85, effective July 1.

Notes of Decisions
Cited in 28 cases (1 in the last 5 years), 1977–2021 · leading case: People v. Conyac, 361 P.3d 1005 (Colo. Ct. App. 2014).
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People v. Conyac, 361 P.3d 1005 (Colo. Ct. App. 2014). · cites it 8× “§ 18-8-407, C.R.S.20183. Prior sexual victimization and perpetration is considered "sexual conduct" under the rape shield statute.”
People v. Villa, 240 P.3d 343 (Colo. Ct. App. 2009). · cites it 5× “s knowledge of sexual activity and his ability to relate the specific nature of his contact with defendant.”
People v. Salazar, 272 P.3d 1067 (Colo. 2012). · cites it 5× “'s alleged prior sexual conduct would be admissible pursuant to the rape shield statute, section 18-8-407, C.R.S. (2011). The trial court ruled that the evidence was admissible.”
People v. Orozco, 210 P.3d 472 (Colo. Ct. App. 2009). · cites it 6× “A trial court's determination of whether evidence falls within the purview of section 18-8-407 is a question of law which we review de novo.”
v. Berry, 2020 CO 14 (Colo. 2020). · cites it 31× “First, for the crime of embezzlement of public property, under section 18-8-407, C.R.S. (2019), does “public property” include property that is in the government’s possession but not owned by the government? And second, for the crime of official misconduct, under section…”
People v. Harris, 43 P.3d 221 (Colo. 2002). · cites it 4× “'s prior sexual conduct fell within the exception to the rape shield statute set forth in section 18-8-407(1)(b), and (2) the evidence was material and relevant to the case.”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). · cites it 3× “Rape Shield Statute The first issue is whether the trial court erred in applying the rape shield statute, § 18-8-407, C.R.$.1999, to bar evidence by the defense that D.”
People v. Donachy, 586 P.2d 14 (Colo. 1978). · cites it 8× “Donachy appeals from his conviction of violation of section 18-8-407, C.R.S. 1973, embezzlement of public property.”
People v. Tucker, 631 P.2d 162 (Colo. 1981). · cites it 6× “Tucker, the former district attorney for the Ninth Judicial District, was indicted on twelve counts of embezzlement of public funds, section 18-8-407, C.R.S. 1973 (1978 Repl.”
94 People v. Berry, 2017 COA 65 (Colo. Ct. App. 2017). · cites it 38× “First, he argues that the statute under which he was charged — section 18-8-407, C.R.S. 2016 — requires proof that the property he converted — the four guns — was owned, and not merely possessed, by Lake County, and that there was no evidence that Lake County owned the guns.”
People v. Munsey, 232 P.3d 113 (Colo. Ct. App. 2009). · cites it 3× “2008); • Embezzlement of public property, § 18-8-407, C.R.S.2008; and • Issuing a false certificate, § 18-8-406, C.”
People v. Gallegos, 260 P.3d 15 (Colo. Ct. App. 2010). · cites it 3× “" § 18-8-407(1), C.R.S.2009. The indictment alleged four facts to satisfy the public moneys or public property element of the embezzlement offense: (1) Gallegos used the manual labor of inmates to construct the addition to his home and to cut firewood; (2) Gallegos sold the…”
Show all 28 citing cases →
— Colo. Rev. Stat. § 18-8-407(1) — 7 cases
v. Berry, 2020 CO 14 (Colo. 2020). “First, for the crime of embezzlement of public property, under section 18-8-407, C.R.S. (2019), does “public property” include property that is in the government’s possession but not owned by the government? And second, for the crime of official misconduct, under section…”
People v. Gallegos, 260 P.3d 15 (Colo. Ct. App. 2010). “" § 18-8-407(1), C.R.S.2009. The indictment alleged four facts to satisfy the public moneys or public property element of the embezzlement offense: (1) Gallegos used the manual labor of inmates to construct the addition to his home and to cut firewood; (2) Gallegos sold the…”
People v. Gholston, 26 P.3d 1 (Colo. Ct. App. 2000). “Rape Shield Statute The first issue is whether the trial court erred in applying the rape shield statute, § 18-8-407, C.R.$.1999, to bar evidence by the defense that D.”
People v. Salazar, 272 P.3d 1067 (Colo. 2012). “'s alleged prior sexual conduct would be admissible pursuant to the rape shield statute, section 18-8-407, C.R.S. (2011). The trial court ruled that the evidence was admissible.”
94 People v. Berry, 2017 COA 65 (Colo. Ct. App. 2017). “First, he argues that the statute under which he was charged — section 18-8-407, C.R.S. 2016 — requires proof that the property he converted — the four guns — was owned, and not merely possessed, by Lake County, and that there was no evidence that Lake County owned the guns.”
— Colo. Rev. Stat. § 18-8-407(1)(b) — 3 cases
People v. Villa, 240 P.3d 343 (Colo. Ct. App. 2009). “s knowledge of sexual activity and his ability to relate the specific nature of his contact with defendant.”
People v. Harris, 43 P.3d 221 (Colo. 2002). “'s prior sexual conduct fell within the exception to the rape shield statute set forth in section 18-8-407(1)(b), and (2) the evidence was material and relevant to the case.”
People v. Prentiss, 172 P.3d 917 (Colo. Ct. App. 2007).
— Colo. Rev. Stat. § 18-8-407(2) — 3 cases
People v. Conyac, 361 P.3d 1005 (Colo. Ct. App. 2014). “§ 18-8-407, C.R.S.20183. Prior sexual victimization and perpetration is considered "sexual conduct" under the rape shield statute.”
People v. Salazar, 272 P.3d 1067 (Colo. 2012). “'s alleged prior sexual conduct would be admissible pursuant to the rape shield statute, section 18-8-407, C.R.S. (2011). The trial court ruled that the evidence was admissible.”
People v. Lancaster, 2015 COA 93 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-8-407(2)(b) — 1 case
People v. Lancaster, 2015 COA 93 (Colo. Ct. App. 2015).
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