(1) A person commits offering a false instrument for recording in the first degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee.
(2) Offering a false instrument for recording in the first degree is a class 5 felony.
(3) A person commits offering a false instrument for recording in the second degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee.
(4) Offering a false instrument for recording in the second degree is a class 2 misdemeanor.
Source: L. 71: R&RE, p. 437, § 1. C.R.S. 1963: § 40-5-114. L. 80: Entire section amended, p. 536, § 1, effective April 13. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3183, § 234, effective March 1, 2022.
ANNOTATION
Comparison with section 18-8-114. Abuse of public records under § 18-8-114 was not meant to cover the offense of offering a false instrument for recording under this section. People v. Trujillo, 189 Colo. 23, 536 P.2d 46 (1975).
Information charging this offense must set forth alleged false statements, either verbatim or in substance. People v. Fueston, 717 P.2d 978 (Colo. App. 1985), aff'd in part, rev'd in part on other grounds, 749 P.2d 952 (Colo. 1988).
Offering a false instrument for recording in the second degree is a lesser included offense of offering a false instrument for recording in the first degree. People v. Freda, 817 P.2d 588 (Colo. App. 1991).
The use of an intermediary to file a false statement with a public office will not insulate a person from liability. Because there was evidence that defendant directed that medicaid billings be prepared with false information and that the defendant had knowledge that these forms would be submitted to the medicaid office, the trial court did not err in finding that there was sufficient evidence that the defendant "offered or presented" the billings. People v. Freda, 817 P.2d 588 (Colo. App. 1991).
Applied in People v. Swearingen, 649 P.2d 1102 (Colo. 1982), People v. Norman, 703 P.2d 1261 (Colo. 1985).