(1) A person commits an unlawful sale of public services if the person does any of the following with respect to a government service or an appointment to receive a government service and if a government entity makes the service or appointment publicly available without charge:
(a) The person reserves or obtains the service or appointment, and the
person sells the service or appointment;
(b) The person reserves or obtains, with the intent to sell, the service or
appointment;
(c) The person reserves or obtains the service or appointment, and the
person appends the service or appointment to another good or service the person
offers for sale; or
(d) The person falsely represents to the potential customer that the person
has obtained or secured the service or appointment, and the person attempts to sell
the service or appointment.
(2) This section does not apply when the person:
(a) Has consent from the government entity to sell the specific service or
appointment obtained or reserved; or
(b) Is obtaining and selling or offering to sell only information.
(3) Unlawful sale of public services is a class 2 misdemeanor, as defined in
section 18-1.3-501.
(4) As used in this section, government entity means the state of Colorado,
a political subdivision of Colorado, or an agency of either the state of Colorado or a
political subdivision of Colorado.
L. 2016: Entire section added, (HB 16-1335), ch. 246, p. 1014, § 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3196, § 281, effective March 1, 2022.
