Colorado criminal charge
Sale of secondhand property in Colorado
Sale of secondhand property is a criminal offense under Colorado law, defined by C.R.S. § 18-13-114. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-13-114.
What is the penalty for sale of secondhand property in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Secondhand dealer failure to record or report sale — A secondhand dealer who violates the recordkeeping requirements of subsection (1) or the record content requirements of subsection (2) commits this offense.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Secondhand dealer failure to record or report sale — A secondhand dealer who violates the recordkeeping requirements of subsection (1) or the record content requirements of subsection (2) commits this offense.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (False information regarding secondhand property sale record — A buyer, trader, or secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) commits this offense.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (False information regarding secondhand property sale record — A buyer, trader, or secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) commits this offense.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 10 days (no statutory minimum) (Flea market operator failure to inform/provide forms — The operator of a flea market or similar facility who fails to inform secondhand dealers of the section's requirements or fails to provide the required recording forms commits this offense.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Flea market operator failure to inform/provide forms — The operator of a flea market or similar facility who fails to inform secondhand dealers of the section's requirements or fails to provide the required recording forms commits this offense.) | discretionary | C.R.S. § 18-1.3-503 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is sale of secondhand property classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Secondhand dealer failure to record or report sale | petty offense | A secondhand dealer who violates the recordkeeping requirements of subsection (1) or the record content requirements of subsection (2) commits this offense. | 18-13-114(6)(a) |
| False information regarding secondhand property sale record | class 2 misdemeanor | A buyer, trader, or secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) commits this offense. | 18-13-114(6)(b) |
| Flea market operator failure to inform/provide forms | petty offense | The operator of a flea market or similar facility who fails to inform secondhand dealers of the section's requirements or fails to provide the required recording forms commits this offense. | 18-13-114(8) |
Common questions about sale of secondhand property in Colorado
Is sale of secondhand property a felony or a misdemeanor in Colorado?
It depends on the circumstances: sale of secondhand property ranges from a petty offense to a class 2 misdemeanor in Colorado under C.R.S. § 18-13-114.
Secondhand dealer failure to record or report sale: petty offense (C.R.S. § 18-13-114(6)(a)) · False information regarding secondhand property sale record: class 2 misdemeanor (C.R.S. § 18-13-114(6)(b)) · Flea market operator failure to inform/provide forms: petty offense (C.R.S. § 18-13-114(8))
What are the penalties for sale of secondhand property in Colorado?
Penalties for sale of secondhand property in Colorado depend on how it is classified — from a petty offense up to a class 2 misdemeanor — with the ranges set by C.R.S. § 18-1.3-503 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers sale of secondhand property?
Sale of secondhand property is governed by C.R.S. § 18-13-114 (Sale of secondhand property - record - inspection - false information - penalties - definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.