CRS § 18-8-114 is the Colorado code section that defines the offense of Abuse of Records. The language of the statute reads that:

(1) A person commits a class 1 misdemeanor if:

(a) The person knowingly makes a false entry in or falsely alters any public record; or

(b) Knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs the availability of any public record; or

(c) Knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person’s possession upon proper request of any person lawfully entitled to receive such record; or

(d) Knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record.

(2) As used in this section, the term “public record” includes all official books, papers, or records created, received, or used by or in any governmental office or agency.

Below, our Denver Colorado criminal defense lawyers discuss the following frequently asked questions:

• 1. What is abuse of records?
• 2. What is a public record?
• 3. What are the penalties?
• 4. What defenses can I raise?

1. What is abuse of records?

CRS 18-8-114 is the Colorado code section that defines the offense of Abuse of Records.

You commit this offense if:

• you knowingly make a false entry in or falsely alter any public record; or
• knowing that you lack authority to do so, you knowingly destroy, mutilate, conceal, remove, or impair the availability of a public record; or
• knowing that you lack authority to keep the record, you refuse to deliver up the public record after a proper request for that record; or
• knowing that you have not been authorized by the keeper of the public record to do so, you knowingly alter any public record. ¹

2. What is a public record?

A public record includes all official

• books,
• papers, or
• records,

that have been

• created,
• received, or
• used,²

by or in any governmental office or agency.³

What types of public records qualify under the offense of abuse or records?

Examples of public records include but are not limited to:

• Birth records
• Death records
• Marriage records
• Voting records
• City Council meeting minutes
• Budget records
• Court records and documents
• Studies and reports
• Titles and deeds
• Government contracts.

3. What are the penalties?

Abuse of records is a Class 2 misdemeanor in the State of Colorado. If convicted, you face the following criminal penalties:

• Possible 120 days in jail; and/or
• A fine of up to $750.⁴

4. What defenses can I raise?

If charged with abuse of records, you can argue:

• The record is not a “public” record: If the record is held or owned by a private company, private person, or any other person or entity that does not qualify as a “public record” under the definition then its destruction or alteration is not a violation of this particular Colorado code section.

• You did not alter or destroy the record: You may have been accused of this offense when you never altered or destroyed the record. Often, people who are in charge of documents are assumed to have been the one to make the change, when in fact he or she was not. The prosecutor must prove that you were the one to commit the offense, not just that you had access to it.

• The alteration was not false: To violate this section, the alteration must be false, and you must know that it was false. If the alteration is true, or if you did not know the alteration you made was false (and did not have reason to know it), then you are not guilty of this offense.
• You had permission to alter or destroy the record: If you had permission from a proper authority or someone the alleged offender thought had proper authority, then the alteration or destruction occurred with permission and there can be no violation of this Colorado code section.

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