Section 35-53-112 - Shipping prior to inspection - penalty(1) Any person, firm, association, partnership, or corporation, or any employee thereof, who willfully violates any provision of sections 35-53-101 to 35-53-112, except as otherwise provided in said sections, or who moves or causes to be moved any single head or any herd of cattle, horses, or mules within this state or beyond the boundaries of this state without having had the same inspected and cleared by a Colorado brand inspector commits a class 2 misdemeanor.(2) It is the duty of the district attorney of the judicial district in this state in which any such violation occurs to initiate criminal proceedings and prosecute the same to effectively enforce the provisions of this section.Amended by 2021 Ch. 462, § 654, eff. 3/1/2022.L. 03: p. 442, § 23. R.S. 08: § 6414. C.L. § 3216. L. 27: p. 669, § 6. CSA: C. 160, § 133. CRS 53: § 8-3-8. L. 63: p. 187, § 1. C.R.S. 1963: § 8-3-12. L. 67: p. 186, § 1. L. 77: (1) amended, p. 883, § 62, effective 7/1/1979. L. 89: (1) amended, p. 849, § 129, effective July 1. L. 2002: (1) amended, p. 1550, § 325, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 3285, p. 3285, § 654, effective 3/1/2022.(1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 54 (1980).
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For theft generally, see § 18-4-401 ; for theft of livestock, see §§ 35-43-128 and 35-54-105 . (2) For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.