Chapter 29 - § 29.3 • CRIMES RELATING TO WRITTEN INSTRUMENTS, LANDMARKS, MONUMENTS, AND PUBLIC AND PRIVATE PROPERTY

• Jurisdiction: Colorado

§ 29.3 • CRIMES RELATING TO WRITTEN INSTRUMENTS, LANDMARKS, MONUMENTS, AND PUBLIC AND PRIVATE PROPERTY

§ 29.3.1—Offering False Instrument for Recording

A person commits offering a false instrument for recording in the first degree if, knowing that a written instrument relating to or affecting real property contains a material false statement or material false information, and with intent to defraud, he or she presents or offers it to a public office or public employee, with the knowledge that it will be registered, filed, or recorded, or become part of the records of the public office or public employee.¹¹

§ 29.3.2—Defacing or Destruction of Written Instruments

A person who defaces or destroys a written instrument evidencing a property right, whether vested or contingent, with intent to defraud commits a class 1 misdemeanor.¹²

§ 29.3.3—Defacing, Destroying, or Removing Landmarks, Monuments, or Accessories; Defacing Public or Private Property

A person who knowingly cuts, fells, alters, or removes any certain boundary tree, knowing that it is a boundary tree, monument, or other allowed landmark, to the damage of any person, or intentionally defaces, removes, pulls down, injures, or destroys any location stake, side post, corner post, landmark, or monument, or any other legal land boundary monument, designating or intending to designate the location, boundary, or name of any mining claim, lode, or vein of mineral, or the name of the discoverer or date of discovery, commits a class 2 misdemeanor.¹³

A person who knowingly removes, or causes to be removed, any land survey monument¹⁴ or control corner,¹⁵ or a restoration of any such monument, or knowingly removes or causes to be removed any bearing tree knowing it is a bearing tree or other accessory,¹⁶ even if the person removing it or causing it to be removed has title to the land on which the monument or accessory is located, commits a class 2 misdemeanor.¹⁷

A person who defaces or causes, aids in, or permits the defacing, of public or private property without the consent of the owner by any method of defacement, including but not limited to painting, drawing, writing, or otherwise marring the surface of the property by use of paint, spray paint, ink, or any other substance or object commits the crime of defacing property.¹⁸ Defacing property is a class 2 misdemeanor, except that a second or subsequent conviction for the offense of defacing property is a class 1 misdemeanor and the court must impose a...