C.R.S. Section 18-13-107.3
Intentional misrepresentation of entitlement to an assistance animal

  • penalty
  • definitions

(1)

A person commits intentional misrepresentation of entitlement to an assistance animal if:

(a)

The person intentionally misrepresents entitlement to an animal in his or her possession as an assistance animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for an individual with a disability as a reasonable accommodation in housing;

(b)

The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent entitlement to an assistance animal; and

(c)

The person knows that:

(I)

The animal is not an assistance animal with regard to that person; or

(II)

The person does not have a disability.

(2)

A person who violates subsection (1) of this section commits a civil infraction and, upon conviction, notwithstanding the provisions of section 18-1.3-503, shall be punished as follows:

(a)

For a first offense, a fine of twenty-five dollars;

(b)

For a second offense, a fine of not less than fifty dollars but not more than two hundred dollars; and

(c)

For a third or subsequent offense, a fine of not less than one hundred dollars but not more than five hundred dollars.

(3)

Repealed.

(4)

A written finding made pursuant to section 12-240-144 (1)(a), 12-245-229 (1)(a), or 12-255-133 (1)(a) is an affirmative defense to the offense established by this section. The lack of such a finding is not proof of the offense established by this section, and nothing in this section or in section 12-240-144, 12-245-229, or 12-255-133 limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

(5)

As used in this section, unless the context otherwise requires:

(a)

“Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended or section 504 of the federal “Rehabilitation Act of 1973”, 29 U.S.C. sec. 794, as amended.

(b)

“Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(c)

“Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq.

(d)

“State and federal law” includes section 24-34-803, C.R.S., the federal laws specified in paragraph (a) of this subsection (5), and rules and regulations implementing those laws.

Source: Section 18-13-107.3 — Intentional misrepresentation of entitlement to an assistance animal - penalty - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑13‑101
Abuse of a corpse 18‑13‑104
Fighting by agreement - dueling 18‑13‑106
Unlawful to discard or abandon iceboxes or motor vehicles and similar items 18‑13‑107
Interference with persons with disabilities 18‑13‑107.3
Intentional misrepresentation of entitlement to an assistance animal - penalty - definitions 18‑13‑107.7
Intentional misrepresentation of a service animal for a person with a disability - penalty - definitions 18‑13‑108
Removal of timber from state lands 18‑13‑109
Firing woods or prairie 18‑13‑109.5
Intentionally setting wildfire 18‑13‑111
Purchases of commodity metals or detached catalytic converters - violations - commodity metals theft task force - creation - composition - reports - legislative declaration - definitions - repeal 18‑13‑112
Hazardous waste violations 18‑13‑113
Unlawful to sell metal beverage containers with detachable opening devices 18‑13‑114
Sale of secondhand property - record - inspection - crime - definitions 18‑13‑114.5
Proof of ownership required - penalty - definitions 18‑13‑115
Notice - penalties 18‑13‑116
Sales tax license 18‑13‑117
Record of sales 18‑13‑118
Regulation of secondhand dealers 18‑13‑119
Health-care providers - abuse of health insurance 18‑13‑119.5
Abuse of property insurance 18‑13‑120
Use, transportation, and storage of drip gasoline 18‑13‑121
Furnishing cigarettes, tobacco products, or nicotine products to persons under twenty-one years of age 18‑13‑122
Illegal possession or consumption of ethyl alcohol or marijuana by an underage person - illegal possession of marijuana paraphernalia by an underage person - adolescent substance abuse prevention and treatment fund - legislative declaration - definitions 18‑13‑123
Unlawful administration of gamma hydroxybutyrate (GHB) or ketamine 18‑13‑124
Dissemination of false information to obtain hospital admittance or care 18‑13‑125
Telephone records - sale or purchase 18‑13‑126
Locating protected persons 18‑13‑130
Bail bond - prohibited activities - penalties 18‑13‑131
Misuse of gametes - definitions 18‑13‑132
Furnishing kratom products to persons under twenty-one years of age 18‑13‑133
Prohibition on prosecuting health-care providers - patient ingests abortifacient in another state
Green check means up to date. Up to date

Current through Fall 2024

§ 18-13-107.3’s source at colorado​.gov