C.R.S. Section 18-9-208
Forfeiture of animals

(1)

Upon the motion of the prosecuting attorney or upon the court’s own motion, after the conviction of a defendant for cruelty to animals as described in section 18-9-202, or for animal fighting as described in section 18-9-204, the court may order the forfeiture of any animal owned by or in the custody of the defendant that:

(a)

Was abused, neglected, mistreated, injured, or used by the defendant during the course of the criminal episode that gave rise to such conviction;

(b)

Participated in or was affected by any act set forth in section 18-9-204 (1).

(2)

Intentionally left blank —Ed.

(a)

If an animal is the subject of a motion made under subsection (1) of this section and is not owned by the defendant, the court may nevertheless enter an order of forfeiture of the animal if the court finds that:

(I)

The animal was abandoned prior to the criminal episode described in subsection (1) of this section;

(II)

The owner of the animal is unknown; or

(III)

The owner of the animal is known but cannot be located.

(b)

Any person who contests a motion brought under this section shall establish such person’s standing as a true owner of the animal. The factors to be considered by the court in determining whether such person is a true owner shall include, but shall not be limited to, the following:

(I)

Whether the person was the primary user, custodian, or possessor of the animal;

(II)

Whether there is evidence that ownership of the animal is vested in the person;

(III)

Whether consideration was paid for the purchase of the animal, and, if so, how much of the consideration was furnished by the person.

(c)

If the court determines that a person other than the defendant is the true owner of the animal, the court may not enter an order forfeiting the animal under this section unless the court finds:

(I)

The true owner was involved in the criminal episode described in subsection (1) of this section;

(II)

The true owner knew or reasonably should have known of the criminal episode described in subsection (1) of this section and failed to take all reasonable steps available to him or her to prevent it; or

(III)

Ownership of the animal was conveyed to the true owner in order to avoid a forfeiture.

(3)

An order of forfeiture entered pursuant to this section shall provide for the immediate disposition of the forfeited animal by any means described in section 18-9-201 (2.5) other than return to the owner. If, in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.

(4)

The owner or custodian of an animal that is the subject of a motion brought under this section shall be liable for the cost of the care, keeping, transport, or disposal of the animal. In no event shall the prosecuting attorney or the office of the prosecuting attorney be liable for such cost.

(5)

The court in its discretion may order a forfeiture authorized by this section as an element of sentencing, as a condition of probation, or as a condition of a deferred sentence.

Source: Section 18-9-208 — Forfeiture of animals, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑9‑101
Definitions 18‑9‑102
Inciting riot 18‑9‑103
Arming rioters 18‑9‑104
Engaging in a riot 18‑9‑105
Disobedience of public safety orders under riot conditions 18‑9‑106
Disorderly conduct 18‑9‑107
Obstructing highway or other passageway 18‑9‑108
Disrupting lawful assembly 18‑9‑108.5
Residential picketing - legislative declaration 18‑9‑109
Interference with staff, faculty, or students of educational institutions 18‑9‑110
Public buildings - trespass, interference - penalty 18‑9‑111
Harassment - Kiana Arellano’s Law 18‑9‑112
Loitering - definition - legislative declaration 18‑9‑113
Desecration of venerated objects 18‑9‑114
Hindering transportation 18‑9‑115
Endangering public transportation and utility transmission 18‑9‑115.5
Violation of a restraining order related to public conveyances 18‑9‑116
Throwing missiles at vehicles - harassment of bicyclists 18‑9‑116.5
Vehicular eluding 18‑9‑117
Unlawful conduct on public property 18‑9‑118
Firearms, explosives, or incendiary devices in facilities of public transportation 18‑9‑119
Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs 18‑9‑120
Terrorist training activities - penalties - exemptions 18‑9‑121
Bias-motivated crimes 18‑9‑122
Preventing passage to and from a health-care facility - engaging in prohibited activities near facility 18‑9‑123
Bringing alcohol beverages, bottles, or cans into the major league baseball stadium 18‑9‑124
Hazing - penalties - legislative declaration 18‑9‑125
Interference with a funeral 18‑9‑201
Definitions 18‑9‑201.5
Scope of part 2 18‑9‑202
Cruelty to animals - aggravated cruelty to animals - service animals - short title 18‑9‑202.5
Impounded animals - costs of impoundment, provision, and care - disposition - procedures - application - definition 18‑9‑204
Animal fighting - penalty 18‑9‑204.5
Unlawful ownership of dangerous dog - legislative declaration - definitions 18‑9‑205
Disposition of fines 18‑9‑206
Unauthorized release of an animal - penalty - restitution 18‑9‑207
Tampering or drugging of livestock 18‑9‑208
Forfeiture of animals 18‑9‑209
Immunity for reporting cruelty to animals - false report - penalty 18‑9‑301
Definitions 18‑9‑302
Wiretapping and eavesdropping devices prohibited - penalty 18‑9‑303
Wiretapping prohibited - penalty 18‑9‑304
Eavesdropping prohibited - penalty 18‑9‑305
Exceptions 18‑9‑306
Abuse of telephone and telegraph service 18‑9‑306.5
Obstruction of telephone or telegraph service 18‑9‑309
Telecommunications crime 18‑9‑309.5
Civil remedies - injunctions - forfeiture 18‑9‑310
Unlawful use of information - penalty 18‑9‑310.5
False statement to the CBI for sex offender registry information 18‑9‑311
Automated dialing systems prohibited 18‑9‑312
Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications 18‑9‑313
Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions 18‑9‑313.5
Personal information on the internet - election officials - definitions 18‑9‑314
Interference with lawful distribution of newspapers - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 18-9-208’s source at colorado​.gov