1. (1) Any person responsible for an act or omission expressly declared to be a criminal offense by this code:

   1. (a) Commits a class 2 misdemeanor;
   2. (b) If the act or omission was intended to defraud, commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
2. (2) An officer, director, employee, agent, or attorney of a state bank shall be held criminally responsible for an act or omission of the institution declared to be a criminal offense by this code if, knowing that such act or omission is a criminal offense, the person participates in authorizing, executing, ratifying, or concealing such act or in authorizing or ratifying such omission or, having a duty to take the required action, omits to do so.
3. (3) Unless otherwise provided in this code, it is not a defense to a criminal prosecution under this code that the defendant did not know the facts establishing the criminal character of the act or omission charged, if the defendant could and should have known such facts in the proper performance of the defendant's duty.

Source: L. 2003: Entire article added with relocations, p. 1137, § 3, effective July 1. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3152, § 131, effective March 1, 2022. L. 2024: (2) and (3) amended, (HB 24-1351), ch. 461, p. 3206, § 32, effective August 7.

Editor's note: This section is similar to former § 11-11-108 as it existed prior to 2003.

Cross references: For the penalty for a class 2 misdemeanor, see § 18-1.3-501.