C.R.S. Section 18-4-702
Civil action

  • damages

(1)

Intentionally left blank —Ed.

(a)

A licensed or duly permitted cable operator may bring a civil action for damages against any person who commits civil theft of cable service.

(b)

Civil theft of cable service is the willful or intentional commission of any act described in section 18-4-701 (2).

(c)

No plaintiff that files an action pursuant to this section for theft of cable services shall be required to plead damages with particularity as a condition precedent for maintaining such an action.

(d)

There is a rebuttable presumption that a violation of section 18-4-701 (2)(a) has occurred if there exists in the actual possession of the person a device that permits the reception of unauthorized cable services for which no payment has been made to a cable operator and no legitimate purpose exists.

(e)

There is a rebuttable presumption that a violation of section 18-4-701 (2)(b) has occurred if cable service to the person’s business or residential property was disconnected by a cable operator, notification of such action by certified mail was provided to such person, and a connection of such service exists at such person’s business or residential property after the date of the disconnection.

(f)

There is a rebuttable presumption that a violation of section 18-4-701 (2)(c) has occurred if the cable operator, as a matter of standard procedure:

(I)

Places written warning labels on its converters or decoders explaining that tampering with such devices is a violation of law and a converter or decoder is found to have been tampered with, altered, or modified so as to allow the reception or interception of cable services without authority from or payment to a cable operator; or

(II)

Seals its converters or decoders with a label or mechanical device and the label or device has been removed or broken.

(g)

There is a rebuttable presumption that a violation of section 18-4-701 (2)(d) has occurred if a person possesses ten or more devices or printed circuit boards. If such rebuttable presumption is not overcome, the court shall find that such person committed civil theft of cable service willfully and for purposes of commercial advantage and shall increase the damages award in accordance with paragraph (a) of subsection (3) of this section.

(h)

There is a rebuttable presumption that a violation of section 18-4-701 (2)(e) has occurred if the person, while engaging in any of the prohibited acts, made apparent to the buyer that the product would enable the buyer to obtain cable service without payment to a cable operator. If such rebuttable presumption is not overcome, the court shall find that such person committed civil theft of cable service willfully and for purposes of commercial advantage and shall increase the damages award in accordance with paragraph (a) of subsection (3) of this section.

(i)

There is a rebuttable presumption that a violation of section 18-4-701 (2)(f) has occurred if a cable operator mailed by certified mail to the person, at the provided address, a written demand requesting the return of an operator-owned converter, decoder, or other device and the person failed to return said device or to make reasonable arrangements to do so within fifteen days after the date of such notice. Such reasonable arrangements may include requesting that the cable operator collect the equipment, subject to the cable operator’s policies.

(2)

In any civil action brought pursuant to this section, a cable operator shall be entitled, upon proof of civil theft of cable service, to recover the greater of the following amounts as damages:

(a)

Four thousand dollars; or

(b)

Three times the amount of any actual damages sustained.

(3)

Intentionally left blank —Ed.

(a)

Notwithstanding any provision of subsection (2) of this section to the contrary, a court may increase the award of damages in any civil action brought pursuant to this section by an amount of not more than fifty thousand dollars if such court finds that civil theft of cable service was committed willfully and for the purpose of commercial advantage.

(b)

In any civil action described in paragraph (a) of this subsection (3), a cable operator need not prove that the final purchaser actually used the device, plan, kit, or printed circuit board without authorization from or payment to a cable operator.

(c)

No attempt by a person to limit or shift legal liability in an action described in this subsection (3) by requiring purchasers to sign a disclaimer acknowledging their responsibility to report use of a device, plan, kit, or printed circuit board to a cable operator shall be effective, and any such disclaimer shall be void.
(d)(Deleted by amendment, L. 98, p. 830, § 57, effective August 5, 1998.)(4) In any action for civil theft of cable service, the prevailing party shall be awarded reasonable attorney fees and direct costs incurred as a result of such theft, including, but not limited to, the costs of any investigation, disconnection or reconnection, service calls, employees, equipment, and expert witnesses and costs of the civil action.

(5)

A cable operator may seek an injunction to enjoin or restrain a violation of this section and damages arising from such violation in the same action.

Source: Section 18-4-702 — Civil action - damages, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑4‑101
Definitions 18‑4‑102
First degree arson 18‑4‑103
Second degree arson 18‑4‑104
Third degree arson 18‑4‑105
Fourth degree arson 18‑4‑201
Definitions 18‑4‑202
First degree burglary 18‑4‑203
Second degree burglary 18‑4‑204
Third degree burglary 18‑4‑205
Possession of burglary tools 18‑4‑301
Robbery 18‑4‑302
Aggravated robbery 18‑4‑305
Use of photographs, video tapes, or films of property 18‑4‑401
Theft 18‑4‑403
Statutory intent 18‑4‑404
Obtaining control over any stolen thing of value - conviction 18‑4‑405
Rights in stolen property 18‑4‑406
Concealment of goods 18‑4‑407
Questioning of person suspected of theft without liability 18‑4‑408
Theft of trade secrets - penalty 18‑4‑409
Motor vehicle theft - definitions 18‑4‑409.5
Unauthorized use of a motor vehicle - definition 18‑4‑411
Transactions for profit in stolen goods 18‑4‑412
Theft of medical records or medical information - penalty - definitions 18‑4‑413
Mandatory sentencing for repeated felony theft from a store - store defined 18‑4‑414
Evidence of value 18‑4‑415
Use of photographs, video tapes, or films of property 18‑4‑416
Theft by resale of a lift ticket or coupon 18‑4‑417
Unlawful acts - theft detection devices 18‑4‑420
Chop shop activity - ownership or operation of a chop shop - altered or removed identification number - penalties - definitions 18‑4‑501
Criminal mischief 18‑4‑502
First degree criminal trespass 18‑4‑503
Second degree criminal trespass 18‑4‑504
Third degree criminal trespass 18‑4‑504.5
Definition of premises 18‑4‑505
First degree criminal tampering 18‑4‑506
Second degree criminal tampering 18‑4‑506.3
Tampering with equipment associated with oil or gas gathering operations - penalty 18‑4‑506.5
Tampering with a utility meter - penalty 18‑4‑507
Defacing or destruction of written instruments 18‑4‑508
Defacing, destroying, or removing landmarks, monuments, or accessories 18‑4‑509
Defacing a cave - definitions 18‑4‑510
Defacing posted notice 18‑4‑511
Littering of public or private property - repeal 18‑4‑512
Abandonment of a motor vehicle 18‑4‑513
Criminal use of a noxious substance 18‑4‑514
Use of photographs, video tapes, or films of property 18‑4‑515
Entry to survey property - exception to criminal trespass 18‑4‑516
Criminal operation of a device in motion picture theater 18‑4‑601
Definitions 18‑4‑602
Unlawful transfer for sale 18‑4‑603
Unlawful trafficking in unlawfully transferred articles 18‑4‑604
Dealing in unlawfully packaged recorded articles 18‑4‑604.3
Unlawful recording of a live performance 18‑4‑604.7
Trafficking in unlawfully recorded live performance 18‑4‑605
Applicability 18‑4‑606
Confiscation and disposition of items 18‑4‑607
Restitution 18‑4‑701
Theft of cable service - definitions 18‑4‑702
Civil action - damages 18‑4‑703
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 18-4-702’s source at colorado​.gov