1972, September, Pg. 21. Articles X-XV The Colorado Criminal Code.

• Author: by Carroll E. Multz

1 Colo.Law. 21

Colorado Lawyer

1972.

1972, September, Pg. 21.

Articles X-XV The Colorado Criminal Code

21Vol. 1, No. 11, Pg. 21Articles X---XV The Colorado Criminal Codeby Carroll E. MultzCarroll E. Multz, Colorado Springs, is Chief Trial Deputy for the Fourth Judicial District. He was one of the drafters of the Colorado Criminal Code and is the author of numerous publications, including: The Colorado Criminal Law Handbook, Criminal Law for Police, and Civil Law for Police. His article, the ninth and the final in a series, examines Articles X through XV of the Code.That the law is ever-changing is an understatement as far as criminal law is concerned. When this series began in November of 1971, Chapter 40 consisted of thirteen articles. Today, as a result of the 1972 legislative session, there are fifteen. Articles X through XV, because of their brevity, have been considered together in this, the last article on the Code.

Article X

Gambling

Under the old law almost every form of gambling, except pari-mutuel wagering and lotteries conducted by certain organizations, was prohibited in Colorado. This included the social poker game, the dime-a-hole golf match and the office baseball pool as well as the floating crap game, the professional poker game, and the numbers and barbut games. No distinction was made between a law-abiding citizen who gambled for his own amusement and a racketeer who made his living by preying upon human weakness.

The new provisions, aimed at the business of gambling, prohibit professional gambling, i.e., gambling conducted for profit. Specifically exempted from the Code are games or wagers "incidental to a bona fide social relationship...in which no person is participating directly or indirectly in professional gambling."(fn1)

22Gambling. It is a class 1 petty offense under the Code to engage in gambling. "Gambling" is defined as the risking of any thing of value for gain contingent upon chance, the operation of a gambling device, or the happening or outcome of an event over which the person taking the risk has no control. The Code specifically excludes: (1) bona fide contests of skill, speed, strength or endurance; (2) bona fide business transactions (e.g., playing the stock market); (3) other acts or transactions authorized by law; (4) any game, wager or transaction which is (a) incidental to a bona fide social relationship, (b) participated in by natural persons only, and (c) in which no person is participating, directly or indirectly, in professional gambling; and (5) pari-mutuel wagering and lotteries as defined in Chapter 129.

Professional Gambling. It is a class 1 misdemeanor under the Code to engage in professional gambling. However, upon a second conviction within five years after a previous gambling conviction, it is a class 5 felony. A person engages in "professional gambling" when he: (1) aids or induces another to engage in gambling with the intent to derive a profit therefrom, or (2) participates in gambling having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.

Possession of Gambling Device or Record. A person commits the offense if he: (1) owns, manufacturers, sells, transports, possesses, or engages in any transaction designed to affect the ownership, custody, or use of a gambling device or record, (2) knowing that it is to be used in professional gambling. Possession of a gambling device or record is a class 2 misdemeanor. It is a class 5 felony upon a second conviction within five years after a previous gambling conviction.

Gambling Information. A person commits the offense if he knowingly: (1) transmits or receives gambling information, or (2) installs or maintains equipment for the transmission or receipt of the same. "Gambling information" is defined as any communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling. Transmitting or receiving gambling information is a class 3 misdemeanor. It is a class 5 felony upon a second conviction within five years after a previous gambling conviction.

Gambling Premises. A person commits maintaining gambling premises when: (1) as owner, lessee, agent, employee, operator, or occupant, (2) he knowingly (3) maintains or aids or permits (4) the maintaining of a gambling premises. A "gambling premise" is defined by the Code as any place used or intended to be used for professional gambling. Maintaining gambling premises is a class 3 misdemeanor. It is a class 5 felony upon a second conviction within five years after a previous gambling conviction.

Article XI

Offenses Involving Disloyalty

With the exception of treason, all the offenses defined in Article XI of the Code are a restatement, with slight modification, of their older statutory counterparts. Treason is a restyled version of the offense as defined in Article. II, Section 8, of the Colorado Constitution. Treason. A person commits treason if he: (1) levies war against the state of Colorado or (2) adheres to its enemies giving them aid and comfort. Treason is a class 1 felony. The Code, however, makes it clear...