DV - Common Charges
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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
COMMON COLORADO DOMESTIC VIOLENCE CRIMES - SUMMARY

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Phone (719) 260-1002
Fax (719) 260-1003  **  Toll Free (800) 410-1002
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FREQUENT DOMESTIC VIOLENCE CRIMINAL CHARGES
COLORADO DOMESTIC VIOLENCE
COLORADO SPRINGS DOMESTIC VIOLENCE CRIMINAL DEFENSE

ATTORNEY HOMEPAGE

third degree assault * harassment * menacing * violation of a restraining order * false imprisonment
criminal mischief * obstruction of telephone * wiretapping * eavesdropping * perjury * false reporting
Attorney Trial Practice 29+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

Remedial Education

non-clients please don't call for class information

Domestic Violence Classes  *  Anger Management  *  Conflict Resolution
Residence of Alleged Abuser
time to leave home - at least temporarily

Attorney Comment Regarding Charging
*        *        *        *
False Reporting to Authorities
*        *        *        *
Perjury in the First Degree
*        *        *        *
Perjury in the Second Degree
*        *        *        *
Definitions
*        *        *        *
False Swearing
*        *        *        *
Perjury or False Swearing
Inconsistent Statements
*        *        *        *
Perjury and False Swearing - Proof
*        *        *        *
Perjury and False Swearing
Previous Criminal Action
*        *        *        *
Perjury - Retraction
*        *        *        *
Perjury and False Swearing
Irregularities No Defense

Felony Stalking
 *        *        *        *
 Harassment
 
most commonly charged DV crime
 *        *        *        *
Third Degree Assault
common charge
bodily injury - no specific amount of pain required
 *        *        *        *
Second Degree Assault
serious bodily injury or use of a weapon - usually knife
 *        *        *        *
Menacing
frequently charged DV crime - threat of violence
 *        *        *        *
Violation of a Restraining Order
frequent charge
 *        *        *        *
False Imprisonment
charged periodically - usually blocking doorway or exit

 
 

 

PROPERTY

 
Criminal Mischief
surprise to many - charged even if it's your own property
 
 
 

COLORADO SPRINGS
DOMESTIC VIOLENCE CRIMINAL DEFENSE

 

CIVIL DOMESTIC ABUSE RESTRAINING ORDERS

 

Obstruction of Telephone or Telegraph Service
surprise to most - charges include hanging up phone or pulling cord from wall
charged periodically - not uncommon

 

*        *        *        *

Wiretapping - charge not common

 

*        *        *        *

 

Eavesdropping - charge not common
 

 
ATTORNEY'S FEES AND COSTS Do I Need an Attorney? Attorney's Role - Trial Attorney
 
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 ATTORNEY POLICIES
  Cases Outside Colorado Springs - Travel
 No Pro Bono Assistance  *  No Installment Payment
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attorney does not accept criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes probation revocation, deferred sentence revocation, parole violation or appeal  **  eligible sealing and collateral attack cases accepted
 

REGARDING CIVIL RESTRAINING ORDERS INVOLVING DOMESTIC ABUSE
REFER TO
RESTRAINING ORDERS PAGE

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

MENTAL ELEMENT  **  SPECIFIC INTENT vs. GENERAL INTENT

        A crime is committed when the defendant has committed a voluntary act prohibited by law accompanied by a culpable mental state. Voluntary act means an act performed consciously as a result of effort or determination. Culpable mental state means intentionally, or with intent; or knowingly, willfully or recklessly as explained in this instruction. Proof of the commission of the act alone is not sufficient to prove that Defendant, I. Dint Doit, had the required culpable mental state. The culpable mental state is as much an element of the crime as the act itself and must be proven beyond a reasonable doubt, either by direct or circumstantial evidence.

SPECIFIC INTENT CRIMES

        A person acts "intentionally" or "with intent" when his conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial whether or not the result actually occurred.

GENERAL INTENT CRIMES

        A person acts "knowingly" or "willfully" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts "knowingly" or "willfully" with respect to a result of his conduct when he is aware that his conduct is practically certain to cause the result.
        A person acts "recklessly" when he consciously disregards a substantial and unjustified risk that a result will occur or that a circumstance exists.

SOURCE: COLJI 6:01 with headers added

PERSONAL INTERACTION

 

FELONY STALKING
CRS 18-9-111(4) - statute verbatim   Criminal Classification: (F-5) or (F-4)  **  Specific Intent Crime
modified enhanced sentencing

caveat: statutes or jury instructions may have been amended since last updated here

I have included very few statutes in this website, however this is one due to the potential for internet abuse
Laws are changed with regularity - attorney makes no representation that the linked statute is current

Colorado Springs
Domestic Violence Criminal Defense
 

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002) - felony stalking conviction upheld for electronic GPS device on wife's car with downloadable chip.

   In the context of felony stalking, (whether or not an intimate relationship, breakup, dissolution of marriage, separation, paternity allegation or domestic abuse restraining order litigation), the Sullivan rationale may likely extend to surreptitious installation and monitoring of a computer program which repeatedly reports computer usage or internet activity to another.  (computer spyware tracking programs installed without the user's knowledge or consent).  Publishing attorney has not had occasion to defend a computer spyware felony stalking case, nor is he aware of any specific case in which such criminal charges have been initiated.  Although Sullivan may be a harbinger, current statutory language does not specifically identify surreptitious spyware installation or monitoring as prohibited conduct, and may not be sufficient to support a felony stalking conviction.  Additional legal research would be required for a more definitive opinion regarding defense of this issue.

 

   Web beacons, aka web bugs, have become standard practice in many commercial websites, including reputable companies.  Web bugs are installed surreptitiously without the user's knowledge or consent and without benefit of court order - court scrutiny.  Web bugs may track computer usage or internet activity.  Commercial software is available to block or find and delete web bugs which are considered by many in the computer industry to be spyware. 

   An attorney naturally queries the difference between tracking spyware surreptitiously installed by a commercial enterprise and tracking spyware surreptitiously installed to track computer or internet activity of someone with whom the installing person (alleged stalker) has had a continuing relationship.  Put another way, is the enabling language of CRS 18-9-111(4)(a) sufficient to withstand a constitutional equal protection challenge?

 

HARASSMENT
CRS 18-9-111  Criminal Classification: (M-3)  **  Specific Intent Crime
Refer to above link for Adobe Acrobat .pdf file - statute verbatim
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:
        (a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
        (b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
        (c) Follows a person in or about a public place; or
        (d) Repealed.
        (e) Initiates communication with a person, anonymously or otherwise by telephone in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone which is obscene; or
        (f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
        (g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or
        (h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

(1.5) defines obscene. Refer to the statute.

(2) Harassment pursuant to subsection (1) of this section is a Class 3 Misdemeanor.

 

THIRD DEGREE ASSAULT
CRS 18-3-204  Criminal Classification: (M-1)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

A person commits the crime of assault in the third degree if he knowingly or recklessly causes bodily injury to another person or with criminal negligence he causes bodily injury to another person by means of a deadly weapon. Assault in the third degree is a Class 1 Misdemeanor.

Bodily Injury means physical pain, illness, or any impairment of physical or mental condition
Source: COLJI 5(5), CRS 18-1-901(3)(c)
Attorney Note:  no specific degree of pain is required under the definition.

 

SECOND DEGREE ASSAULT
CRS 18-3-203  Criminal Classification: (F-6) or (F-4)  **  Specific Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits the crime of assault in the second degree if:
        (a) Repealed.
        (b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
        (c) Not relevant to divorce or domestic violence.
        (d) He recklessly causes serious bodily injury to another person by means of a deadly weapon.
        (g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.

(2) Paraphrased.
        (a) Heat of passion reduces the crime to a Class 6 Felony.
        (b) Absent heat of passion, the crime is a Class 4 Felony.

Serious Bodily Injury means bodily injury which, either at the time of the actual injury or at a later time, involves:
        a. a substantial risk of death,
        b. a substantial risk of serious permanent disfigurement,
        c. a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or
        d. breaks, fractures, or burns of the second or third degree.
        Source: COLJI 5(23),  CRS 18-1-901(3)(p)
        Deadly Weapon: CRS 18-1-901(3)(e)

 

MENACING
CRS 18-3-206  Criminal Classification: (M-3) or (F-5)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

A person commits the crime of menacing if, by any threat or physical action, he knowingly places or attempts to place another person in fear if imminent serious bodily injury. Menacing is a Class 3 Misdemeanor, but if committed by the use of a deadly weapon, it is a Class 5 Felony.

Deadly Weapon means any firearm, (whether loaded or unloaded), knife, bludgeon, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or to be used is capable of producing death or serious bodily injury
Source: COLJI 5(10), Deadly Weapon: CRS 18-1-901(3)(e)

 

VIOLATION OF A RESTRAINING ORDER
CRS 18-6-803.5  Criminal Classification: (M-2) or (M-1)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits the crime of violation of a restraining order if such person contacts, harasses, injures, intimidates, molests, threatens, or touches any protected person or enters or remains on premises or comes within a specified distance of a protected person or premises, and such conduct is prohibited by a restraining order, after such person has been personally served with any such order or otherwise has acquired from the court actual knowledge of the contents of any such order.

(2) Violation of a restraining order is a Class 2 Misdemeanor, except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the restraining order is issued pursuant to CRS 18-1-1001 (defendant in criminal case not harassing a victim or witness), the violation is a Class 1 Misdemeanor

Note: many provisions of this statute have not been included due to volume. Arrest provisions are mandatory. Read the statute for further details.
 

FALSE IMPRISONMENT
CRS 18-3-303  Criminal Classification: (M-2)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

False imprisonment. Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment, which is a Class 2 Misdemeanor. This section shall not apply to a peace officer acting in good faith within the scope of his duties.

PROPERTY

 

CRIMINAL MISCHIEF
CRS 18-4-501  Criminal Classification: (M-3), (M-2), (F-4) or (F-3)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

        Any person who knowingly damages the real or personal property of one or more persons in the course of a single criminal episode commits a Class 3 Misdemeanor where the aggregate damage to the real or personal property is less than one hundred dollars. Where the aggregate damage to the real or personal property is one hundred dollars or more but less than four hundred dollars, such person commits a Class 2 Misdemeanor. Where the aggregate damage to the real or personal property is four hundred dollars or more but less than fifteen thousand dollars, such person commits a Class 4 Felony. Where the aggregate damage to the real or personal property is fifteen thousand dollars or more, such person commits a Class 3 Felony.

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002) - arson conviction upheld for burning wife’s marital property clothing. 

Prior to and during litigation proceedings, be respectful of joint property or marital property.
        This would be particularly applicable regarding that claimed by your spouse or significant other to be his or her property. 

TELEPHONE OR COMMUNICATIONS

 

OBSTRUCTION
OF TELEPHONE OR TELEGRAPH SERVICE
CRS 18-9-306.5  Criminal Classification: (M-1)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.

(2) Obstruction of telephone or telegraph service is a Class 1 Misdemeanor.

 

WIRETAPPING
CRS 18-9-303  Criminal Classification: (F-6) (Cordless phone is M-1)  **  General Intent Crime  or  Specific Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) Any person not a sender or intended receiver of a telephone or telegraph communication commits wiretapping if he:
       
(a) Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without  the consent of either a sender or a receiver thereof or attempts to do so; or
        (b) Intentionally overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication for the purpose of committing or aiding or abetting the commission of an unlawful act; or
        (c) Knowingly uses for any purpose or discloses to any person the contents of any such communication, or attempts to do so, while knowing or having reason to know the information was obtained in violation of this section; or
        (d) Knowingly taps or makes any connection with any telephone or telegraph line, wire, cable, or instrument belonging to another or with any electronic, mechanical, or other device belonging to another or installs any device whether connected or not which permits the interception of messages; or
        (e) Repealed and re-enacted as
        (f) Knowingly uses any apparatus to unlawfully do, or cause to be done, any act prohibited by this section or aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
 
(2) Wiretapping is a Class 6 Felony; except that, if the wiretapping involves a cordless telephone, it is a Class 1 Misdemeanor.
 
       
CRS 18-17-103 Definitions
        CRS 18-9-302 Penalties
        CRS 18-9-305 Exceptions

 

EAVESDROPPING
CRS 18-9-304  Criminal Classification: (F-6)  **  General Intent Crime  or  Specific Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) Any person not visibly present during a conversation or discussion commits eavesdropping if he:
        (a) Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto, or attempts to do so; or
        (b) Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or
        (c) Knowingly uses for any purpose, discloses, or attempts to use or disclose to any other person the contents of any such conversation or discussion while knowing or having reason to know the information was obtained in violation of this section; or
        (d) Knowingly aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.

 
(2) Eavesdropping is a Class 6 Felony.
 
       
CRS 18-17-103 Definitions
        CRS 18-9-302 Penalties
        CRS 18-9-305 Exceptions

PERJURY
and
FALSE REPORTING TO AUTHORITIES / FALSE SWEARING
attorney comment regarding charging

 

FALSE REPORTING TO AUTHORITIES
CRS 18-8-111  Criminal Classification: (M-3)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits false reporting to authorities, if:
        (a) He knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property; or
        (b) He makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur; or
        (c) He or she makes a report or knowingly causes the transmission of a report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or
        (d) He or she knowingly provides false identifying information to law enforcement authorities.

 
(2) False reporting to authorities is a Class 3 Misdemeanor.
 
(3) For purposes of this section, "identifying information" means a person's name, address, birth date, social security number, or driver's license or Colorado identification number.

 

PERJURY IN THE FIRST DEGREE
CRS 18-8-502  Criminal Classification: (F-4)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
 
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
 
(3) Perjury in the first degree is a Class 4 Felony.

 

PERJURY IN THE SECOND DEGREE
CRS 18-8-503  Criminal Classification: (M-1)  **  Specific Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits perjury in the second degree if, other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
 
(2) Perjury in the second degree is a Class 1 Misdemeanor.

 

DEFINITIONS - PERJURY & SWEARING
CRS 18-8-501
Definitions in sections 18-8-101 & 18-8-301are applicable, in addition to definitions here
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) "Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.
 
(2) Oath
        (a) "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
            (I) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
            (II) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto; or
            (III) The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement.
        (b) An oath is "required or authorized by law" when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
 
(3) "Official proceeding" means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.

 

FALSE SWEARING
CRS 18-8-504 Criminal Classification (P-1)  **  General Intent Crime
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) A person commits false swearing if he knowingly makes a materially false statement, other than those prohibited by sections 18-8-502 and 18-8-503, which he does not believe to be true, under an oath required or authorized by law.
 
(2) False swearing is a Class 1 Petty Offense.

 

PERJURY OR FALSE SWEARING
INCONSISTENT STATEMENTS
CRS 18-8-505
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) Where a person charged with perjury or false swearing has made inconsistent material statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other statement was false and not believed by the defendant to be true.
 
(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If the assumption establishes perjury of different degrees, the person may be convicted of the lesser degree at most. If perjury or false swearing is established by the making of the two statements, the person may be convicted of false swearing at the most.

 

PERJURY AND FALSE SWEARING - PROOF
CRS 18-8-506
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

In any prosecution for perjury or false swearing, except a prosecution based upon inconsistent statements pursuant to section 18-8-505, falsity of a statement may not be established solely through contradiction by the uncorroborated testimony of a single witness.

 

PERJURY AND FALSE SWEARING
PREVIOUS CRIMINAL ACTION
CRS 18-8-507
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

No prosecution may be brought under sections 18-8-502, 18-8-503, or 18-8-504 if the substance of the defendant's false statement is the entry of a plea of not guilty in a previous criminal action in which he or she was accused of an offense.

 

PERJURY - RETRACTION
CRS 18-8-508
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

No person shall be convicted of perjury in the first degree if he retracted his false statement in the course of the same proceeding in which it was made. Statements made in separate hearings at separate stages of the same trial or administrative proceeding shall be deemed to have been made in the course of the same proceeding. Retraction is an affirmative defense.

 

PERJURY AND FALSE SWEARING
IRREGULARITIES NO DEFENSE
CRS 18-8-509
caveat: statutes or jury instructions may have been amended since last updated here

Colorado Springs
Domestic Violence Criminal Defense
 

(1) It is no defense to a prosecution under sections 18-8-502 to 18-8-504 that:
        (a) The defendant was not competent, for reasons other than mental disability or immaturity, to make the false statement alleged;
        (b) The statement was inadmissible under the law of evidence;
        (c) The oath was administered or taken in an irregular manner; or
        (d) The person administering the oath lacked authority to do so, if the taking of the oath was required by law.

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Colorado Springs, domestic violence, criminal charges, criminal defense, felony, misdemeanor, third degree assault, second degree assault, stalking, harassment, menacing, violation of a restraining order, false imprisonment, criminal mischief, obstruction of telephone, wiretapping, eavesdropping, perjury, false reporting, domestic abuse, El Paso County, Colorado

Website Copyright © 2003 - All Rights Reserved - Document Revised July 22, 2010
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Website Initial Publication Date: October 18, 2003 - Republication Date: January 29, 2010

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