Legal Question in Criminal Law in Colorado

Criminal Law

A statute

Whosoever shall maliciously, willfully, and unlawfully cause another person to suffer the loss of property shall be liable for a felony and imprisoned for not less than one year nor more than three if the value of that property exceeds $1,000.

D sells a furniture polish door-to-door. He is aware that the product he is selling is simply lemon-scented olive oil and that it has never been proven to be effective as a furniture polish. He is, however, unaware that the product has ever caused any harm to furniture.

D sells a 12-ounce bottle of the product to V for $50. D notices the opulence of V�s home and is surprised that V is interested in purchasing his lowly product, but he is very pleased to make the sale, nonetheless. After D leaves, V uses the product on an antique table and the olive oil reacts adversely with the table�s finish, causing the entire surface of the table to be destroyed. V�s insurance carrier estimates the cost of the damage to the antique at $2,000.

V complains to the Better Business Bureau and D is subsequently arrested and charged with violating the statute. He claims that he did not mean to cause V any loss, that he was unaware that the loss, if

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