(1) Any person who deposits on the land or in the building or vehicle of another, without the other person's consent, any stink bomb or device, irritant, or offensive-smelling substance with the intent to interfere with another's use or enjoyment of the land, building, or vehicle commits a civil infraction.(2) It shall be an affirmative defense that a peace officer in the performance of his duties reasonably used a noxious substance.Amended by 2021 Ch. 462, § 220, eff. 3/1/2022.L. 71: R&RE, p. 433, § 1. C.R.S. 1963: § 40-4-513. L. 73: p. 538, § 2. L. 2021: (1) amended, (SB 21-271), ch. 3180, p. 3180, § 220, effective 3/1/2022.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). For affirmative defenses generally, see §§ 18-1-407 , 18-1-710 , and 18-1-805 .
Colorado Legal Code