Colo. Rev. Stat. » Title 35
Colorado Revised Statutes

Colo. Rev. Stat. § 35-54-105 (2026)

Selling without bill of sale - theft

✓ current as of July 2026
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(1) Any person who sells or offers for sale or trades any livestock upon which such person has not his recorded mark or brand, or for which the person so offering has neither bill of sale nor power of attorney from the owner of such livestock authorizing such sale, is guilty of theft, unless such person upon trial shall establish and prove that he was at the time the actual owner of the livestock so sold or traded, or offered for sale or trade, or that he acted by the direction of one proven to be the actual owner of such livestock.

(2) In prosecutions for a violation of this section, it shall not be necessary, in order to warrant a conviction for the people, to prove motive, intent, or purpose on the part of the accused, or that the accused knew that the livestock sold or traded, or offered for sale or trade, was so sold, traded, or offered in violation of this section, but the fact of such selling, trading, or offering for sale or trade contrary to the provisions of this section, when proved, shall be sufficient to authorize a conviction, unless the accused shall by testimony explain the case made by the people in a manner consistent with good faith and an innocent purpose.

Source: G.L. § 2600. G.S. § 3192. R.S. 08: § 6450. C.L. § 3274. CSA: C. 160, § 204. CRS 53: § 8-10-4. C.R.S. 1963: § 8-10-4. L. 67: pp. 255, 574, §§ 3, 3.

Cross references: For theft generally, see § 18-4-401; for theft of livestock, see § 35-43- 128.

Notes of Decisions
Cited in 3 cases, 1984–2017 · leading case: Cugnini v. Reynolds Cattle Co., 687 P.2d 962 (Colo. 1984).
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Cugnini v. Reynolds Cattle Co., 687 P.2d 962 (Colo. 1984). · cites it 2× “Section 35-54-105(1), 14 C.R.S. (1973), states: “Any person who sells or offers for sale or trades any livestock upon which such person has not his recorded mark or brand, or for which the person so offering has neither bill of sale nor power of attorney from the owner of such…”
Sweetwater Cattle Co. v. Leigh Murphy, etc. (8th Cir. BAP 2017). “12 Thus, if Murphy had sold the cattle to Leonard without complying with this statute, and had not been able to prove that he actually owned them prior to the sale, he 10 Colo. Rev. Stat. § 35-54-101 . 11 Colo. Rev.”
Sweetwater Cattle Co., L.L.C. v. Murphy (In re Leonard), 565 B.R. 137 (8th Cir. BAP 2017). “Colo. Rev. Stat. § 35-54-101 . . Colo. Rev.”
— Colo. Rev. Stat. § 35-54-105(1) — 1 case
Cugnini v. Reynolds Cattle Co., 687 P.2d 962 (Colo. 1984). “Section 35-54-105(1), 14 C.R.S. (1973), states: “Any person who sells or offers for sale or trades any livestock upon which such person has not his recorded mark or brand, or for which the person so offering has neither bill of sale nor power of attorney from the owner of such…”
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