October 26, 2010 08:40 PM UTC

More Trouble With Mail Pieces: The Felony Version

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• by: Colorado Pols

There’s a story in the main Denver newspaper today from Lynn Bartels about a woman who is unhappy that her picture was used in a negative mailer used to attack Rep. Sara Gagliardi that was sent out by Republican challenger Libby Szabo. But there’s more trouble with this mailer than just a complaint from someone who was featured without her permission, and Szabo could be facing a felony charge as a result. Can you spot the problem?

The mailer sent out by Szabo uses the State Seal of Colorado in the background, which under Colorado law is a Class 5 Felony. We can’t tell you why using the State Seal of Colorado carries such a harsh penalty, but the law is the law. The penalty for a class 5 felony is (a) a fine no less than $1,000 and a maximum of $100,000; (b) one to three years in prison; and (c) two years of mandatory parole.

In other words, somebody — Szabo, her graphic designer, her mail house, etc. — is in serious trouble here. It’s not like there’s really a good defense for this, because the proof is right there in front of you.