C.R.S. Section 13-21-1003
Civil penalty

  • action for recovery
  • distribution of proceeds
  • attorney fees

(1)

A person who is found in a civil action brought under this part 10 to have committed computer dissemination of indecent material to a child in violation of section 13-21-1002 shall forfeit and pay a civil penalty established pursuant to verdict or judgment.

(2)

Intentionally left blank —Ed.

(a)

An action to recover a civil penalty under this part 10 may be brought by any private individual. Venue for the action shall be proper in the district court for the county in which the defendant resides or maintains a principal place of business in this state, or in the county in which the defendant sent the communication, or in the county in which the recipient received the communication.

(b)

The action shall be brought in the name of the person seeking recovery of the civil penalty.

(3)

In determining the liability for or the amount of a civil penalty pursuant to this section, the court or jury shall consider the nature, circumstances, and gravity of the alleged violation and the alleged violator’s degree of culpability, history of prior violations, criminal convictions, and level of cooperation with any investigation of the alleged violation.

(4)

No action may be brought or maintained pursuant to this section without the written consent of the child ’s parent or guardian, which consent may be withdrawn at any time.

(5)

A child alleged to be a victim of computer dissemination of indecent material to a child, or his or her parent or guardian, shall have the right to intervene and assume control of any case brought pursuant to this section.

(6)

In a case in which the court awards a civil penalty pursuant to this section, the court shall order the distribution as follows:

(a)

In a case brought by a child or other recipient of indecent material as described in subsection 13-21-1002 (1), one hundred percent to the plaintiff;

(b)

In a case brought by a plaintiff other than a child or recipient of indecent material, forty percent to the plaintiff and sixty percent to the child or recipient;

(c)

In a case initiated by a plaintiff and in which the child’s parent or guardian has intervened, eighty percent to the child and twenty percent to the plaintiff.

(7)

If a plaintiff is awarded a distribution of the civil penalty pursuant to subsection (6) of this section, the court shall award judgment to the plaintiff for the plaintiff’s reasonable attorney fees and costs.

(8)

Nothing in this part 10 shall be construed to limit or abrogate:

(a)

A criminal action brought to prosecute an act described in the criminal laws of this state;

(b)

Any right or cause of action that a person, on the person’s own behalf or on behalf of another, may have;

(c)

The ability to include in a civil action brought under this part 10 additional claims that are otherwise permitted by law to be brought in a civil action.

Source: Section 13-21-1003 — Civil penalty - action for recovery - distribution of proceeds - attorney fees, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑21‑101
Interest on damages 13‑21‑102
Exemplary damages 13‑21‑102.5
Limitations on damages for noneconomic loss or injury 13‑21‑103
Damages for selling liquor to an intoxicated person 13‑21‑104
Damages for using animal left for keeping 13‑21‑105
Damages from fire set in woods or prairie - treble damages during drought conditions 13‑21‑105.5
Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages 13‑21‑106
Broadcasting defamatory statements 13‑21‑106.5
Civil damages for destruction or bodily injury caused by a bias-motivated crime 13‑21‑106.7
Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility 13‑21‑107
Damages for destruction or bodily injury caused by minors 13‑21‑107.5
Civil damages for loss caused by theft 13‑21‑108
Persons rendering emergency assistance exempt from civil liability 13‑21‑108.1
Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity 13‑21‑108.2
Persons rendering emergency assistance - competitive sports - exemption from civil liability 13‑21‑108.3
Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability 13‑21‑108.4
Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions 13‑21‑108.5
Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability 13‑21‑108.7
Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions 13‑21‑108.8
Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition 13‑21‑109
Recovery of damages for checks, drafts, or orders not paid upon presentment 13‑21‑109.5
Recovery of damages for fraudulent use of social security numbers 13‑21‑110
Medical committee - privileged communication - limitation on liability 13‑21‑111
Negligence cases - comparative negligence as measure of damages 13‑21‑111.5
Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration 13‑21‑111.6
Civil actions - reduction of damages for payment from collateral source 13‑21‑111.7
Assumption of risk - consideration by trier of fact 13‑21‑111.8
Assumption of risk - shooting ranges 13‑21‑112
Ad damnum clauses in professional liability actions 13‑21‑113
Donation of items of food - exemption from civil and criminal liability - definitions 13‑21‑113.3
Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration 13‑21‑113.5
Use of school or nonprofit organization kitchen - exemption from civil and criminal liability 13‑21‑113.7
Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration 13‑21‑114
Immunity of mine rescue participants and their employers or organizations 13‑21‑115
Actions against landowners - short title - legislative declaration - definitions 13‑21‑115.5
Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions 13‑21‑115.6
Immunity from civil liability for school crossing guards and sponsors 13‑21‑115.7
Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations 13‑21‑116
Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons 13‑21‑117
Civil liability - mental health providers - duty to warn - definitions 13‑21‑117.5
Civil liability - intellectual and developmental disability service providers - definitions - repeal 13‑21‑117.7
Civil actions against family foster care providers - limited liability 13‑21‑118
Actions based on flight in aircraft 13‑21‑119
Equine activities - llama activities - legislative declaration - exemption from civil liability 13‑21‑120
Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice 13‑21‑121
Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions 13‑21‑122
Civil liability for unlawful use of personal identifying information 13‑21‑122.5
Civil liability for trading in telephone records 13‑21‑124
Civil actions against dog owners 13‑21‑125
Civil actions for theft in the mortgage lending process 13‑21‑126
Funeral picketing - legislative declaration - definitions - damages 13‑21‑127
Civil damages for human trafficking and involuntary servitude 13‑21‑128
Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions 13‑21‑129
Snow removal service liability limitation - exceptions - short title - definitions 13‑21‑130
Civil liability for false statement to recover possession of real property 13‑21‑131
Civil action for deprivation of rights 13‑21‑132
Civil liability for misuse of gametes - definitions 13‑21‑133
Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment 13‑21‑201
Damages for death 13‑21‑202
Action notwithstanding death 13‑21‑203
Limitation on damages 13‑21‑203.5
Alternative means of establishing damages - solatium amount 13‑21‑203.7
Adjustments of dollar limitations for effects of inflation 13‑21‑204
Limitation of actions 13‑21‑301
Settlements, releases, and statements of injured persons 13‑21‑401
Definitions 13‑21‑402
Innocent seller 13‑21‑402.5
Product misuse 13‑21‑403
Presumptions 13‑21‑404
Inadmissible evidence 13‑21‑406
Comparative fault as measure of damages 13‑21‑801
Short title 13‑21‑802
Legislative declaration 13‑21‑803
Definitions 13‑21‑804
Damages - persons injured by an individual illegal drug user 13‑21‑805
Nonexclusiveness - exceptions to liability - joinder 13‑21‑806
Comparative negligence 13‑21‑807
Contribution among and recovery from multiple defendants 13‑21‑808
Effect of criminal drug conviction 13‑21‑809
Prejudgment attachment and execution on judgments 13‑21‑810
Statute of limitations 13‑21‑811
Stay of action 13‑21‑812
Nonretroactive 13‑21‑813
Severability 13‑21‑1001
Definitions 13‑21‑1002
Computer dissemination of indecent material to a child - prohibition 13‑21‑1003
Civil penalty - action for recovery - distribution of proceeds - attorney fees 13‑21‑1101
Short title 13‑21‑1102
Legislative declaration 13‑21‑1103
Definitions 13‑21‑1104
Actions against food providers that comply with applicable state and federal laws - exemptions 13‑21‑1105
Pleading requirements 13‑21‑1106
Stay of proceedings pending motion to dismiss 13‑21‑1201
Short title 13‑21‑1202
Legislative declaration 13‑21‑1203
Definitions 13‑21‑1204
Construction 13‑21‑1205
Damages - woman injured by the unlawful termination of a pregnancy 13‑21‑1206
Exceptions to liability 13‑21‑1207
Limitation of actions - three years 13‑21‑1301
Legislative declaration 13‑21‑1302
Jurisdiction over nonresident representatives 13‑21‑1303
Damages 13‑21‑1304
Liquor licensees excepted 13‑21‑1401
Short title 13‑21‑1402
Definitions 13‑21‑1403
Civil action - definitions 13‑21‑1404
Exceptions to liability - definitions 13‑21‑1405
Plaintiff’s privacy 13‑21‑1406
Remedies 13‑21‑1407
Statute of limitations 13‑21‑1408
Construction 13‑21‑1409
Uniformity of application and construction
Green check means up to date. Up to date

Current through Fall 2024

§ 13-21-1003’s source at colorado​.gov