C.R.S. Section 18-9-309.5
Civil remedies

  • injunctions
  • forfeiture

(1)

Whenever it appears that any person is engaged in or about to engage in any act which constitutes or will constitute a violation of section 18-9-309 (2) or (3), the attorney general, the district attorney, a representative of a telecommunications provider, or any person or company harmed by such alleged violation may initiate a civil proceeding in a district court to enjoin such violation and may petition the court to issue an order for the discontinuance of telecommunications service, used in violation of section 18-9-309 (2) or (3).

(2)

An action under this section shall be brought in the county in which the subject matter of the action, or some part thereof, is located or found and shall be commenced by the filing of a complaint, which shall be verified by affidavit.

(3)

If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person is engaged in or about to engage in any act which constitutes a violation of section 18-9-309 (2) or (3), the court shall issue a temporary restraining order to abate and prevent the continuance or recurrence of such act. The court shall direct the sheriff to seize and retain until further order of the court any device which is being used in violation of section 18-9-309 (2) or (3). While the temporary restraining order remains in effect, all property seized pursuant to the order of the court shall remain in the custody of the court. Within fourteen days following the filing of a motion of any person adversely affected by a temporary restraining order, the court shall conduct a hearing and determine whether such temporary restraining order shall be continued pending final determination of the action. Until such hearing takes place, the temporary restraining order shall remain in full force and effect.

(4)

The court may issue a permanent injunction to restrain, abate, or prevent the continuance or recurrence of the violation of section 18-9-309 (2) or (3). The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction. The court may retain jurisdiction of the case for the purpose of enforcing its orders.

(5)

If it is shown to the satisfaction of the court, either by verified complaint or affidavit, that a person is engaged in or is about to engage in any act which constitutes a violation of section 18-9-309 (2) or (3), the court may issue an order which shall be promptly served upon the person in whose name the illegal telecommunications equipment is listed, requiring the party, within a reasonable time to be fixed by the court but not exceeding forty-eight hours from the time of service of the petition on said party, to show cause before the judge why telecommunications service should not promptly be discontinued. At the hearing the burden of proof shall be on the complainant.

(6)

Upon a finding by the court that the illegal telecommunications equipment is being used or has been used in violation of section 18-9-309 (2) or (3), the court shall issue an order requiring the telephone company which is rendering service over the device to disconnect such service. Upon receipt of such order, which shall be served upon an officer of the telephone company by the sheriff of the county in which the illegal telecommunications equipment is installed or by a duly authorized deputy, the telephone company shall proceed promptly to disconnect and remove such device and discontinue all telecommunications service until further order of the court.

(7)

The telecommunications provider who petitions the court for the removal of any illegal telecommunications equipment under this section shall be a necessary party to any proceeding or action arising out of or under section 18-9-309 (2) or (3).

(8)

No telephone company shall be liable for any damages, penalty, or forfeiture, whether civil or criminal, for any act performed in good faith and in compliance with any order issued by the court.

(9)

Property seized pursuant to the direction of the court which the court has determined to have been used in violation of section 18-9-309 (2) or (3) shall be forfeited to the state. Prior to the disposition of the seized property, a petition for the remission or mitigation of forfeiture may be filed. The court may remit or mitigate the forfeiture upon terms and conditions as the court deems reasonable if it finds that such forfeiture was incurred without willful negligence or without any intention on the petitioner to violate the law or finds the existence of such mitigating circumstances as to justify the remission or the mitigation of the forfeiture. In determining whether to remit or mitigate forfeiture, the court shall consider losses which may have been suffered by victims as the result of the use of the forfeited property.

Source: Section 18-9-309.5 — Civil remedies - injunctions - forfeiture, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2024-title-18.­pdf (accessed May 26, 2025).

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

Current through Fall 2025

§ 18-9-309.5. Civ. remedies's source at colorado​.gov