False statement on application - violations of rules or provisions of article 30 of title 44 as felony

Colo. Rev. Stat. § 18-20-104, under Offenses Related to Limited Gaming.

Colo. Rev. Stat. § 18-20-104

Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, or who provides any false or misleading information to the commission or the division, or who fails to keep books and records to substantiate the receipts, expenses, or uses resulting from limited gaming conducted under article 30 of title 44, as prescribed in rules promulgated by the commission, or who falsifies any books or records which relate to any transaction connected with the holding, operating, and conducting of any limited card games or slot machines, or who knowingly violates any of the provisions of article 30 of title 44, or any rule adopted by the commission or any terms of any license granted under said article 30, commits a class 5 felony.

Source: L. 91: Entire article added, p. 1584, § 11, effective June 4. L. 2018: Entire section amended, (SB 18-034), ch. 14, p. 241, § 17, effective October 1.

ANNOTATION

This section is neither unconstitutionally overbroad nor unconstitutionally vague. People v. Luke, 948 P.2d 87 (Colo. App. 1997).

This section does not require that a "false or misleading" statement be material. People v. Luke, 948 P.2d 87 (Colo. App. 1997).

Where the defendant's capacity as chief executive officer for applicant was such that he could speak for the applicant, it is not necessary that the defendant have an individual key employee application pending or that the applicant be a licensee at the time the false statement is made or the misleading information is provided. People v. Luke, 948 P.2d 87 (Colo. App. 1997).