Expand Criminal Jurisdiction for Out-of-State Conduct

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1060 LLS NO. 26-0577.03 Owen Hatch x2698 HOUSE SPONSORSHIP Flanell, SENATE SPONSORSHIP Snyder, House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING CLARIFYING THE CRIMINAL JURISDICTION OF PROSECUTIONS TO INCLUDE HARMS COMMITTED AGAINST PEOPLE LOCATED IN COLORADO REGARDLESS OF WHERE THE DEFENDANT IS LOCATED.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill clarifies that the criminal jurisdiction of prosecutions includes conduct that causes injury, loss, damage, or deprivation of a thing of value, rights, privileges, access, or identity to a person located in Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

the state. Jurisdiction exists even if a defendant does not have actual knowledge that the victim is located in the state.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:

(a) It is necessary to clarify the application of state jurisdiction, or venue, to address the complexities of modern, often remote criminal offenses, thereby ensuring that individuals who inflict injury or cause harm to Colorado residents are subject to prosecution in this state consistent with the purpose of maintaining public safety and integrity in the state's criminal justice system; and

(b) Clarifying state jurisdiction is particularly vital to ensuring justice for the elderly population of Colorado, who constitute the most frequent victims of fraud and cross-border schemes and who must be protected by the full authority of Colorado law when suffering loss.

SECTION 2. In Colorado Revised Statutes, 18-1-201, amend (2); and add (4) as follows:

18-1-201. State jurisdiction - definition.

(2) An offense is committed partly within this state if conduct occurs in this state which THAT is an element of an offense or if the result of conduct in this state is such an element. In homicide, the "result" is either the physical contact which causes death or the death itself; and if the body of a criminal homicide victim is found within the state, the death is presumed to have occurred within the state.

(4) (a) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "RESULT" MEANS:

(I) THE EFFECT OF CONDUCT THAT CAUSES INJURY, LOSS, OR DAMAGE, INCLUDING INJURY, LOSS, OR DAMAGE TO, OR DEPRIVATION OF, ANY OF THE FOLLOWING:

(A) A THING OF VALUE;

(B) RIGHTS OR PRIVILEGES PROTECTED BY THE FEDERAL AND STATE CONSTITUTIONS AND LAWS;

(C) INFORMATION; OR ACCESS TO INFORMATION, INCLUDING ELECTRONIC

(D) THE VICTIM'S IDENTITY; AND

(II) IN HOMICIDE, EITHER THE PHYSICAL CONTACT THAT CAUSES DEATH OR THE DEATH ITSELF; AND IF THE BODY OF A CRIMINAL HOMICIDE VICTIM IS FOUND IN THE STATE, THE DEATH IS PRESUMED TO HAVE OCCURRED IN THE STATE.

(b) A PERSON DOES NOT NEED ACTUAL KNOWLEDGE THAT THE VICTIM IS LOCATED IN THE STATE TO BE PROSECUTED FOR A CRIMINAL OFFENSE IN THE STATE.

SECTION 3. Effective date - applicability. This act takes effect July 1, 2026, and applies to offenses committed on or after said date. SECTION 4.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.