Colorado Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Colorado criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Colorado
- How much theft is a felony
- Theft becomes a felony at two thousand dollars. Tiers: less than $300, petty offense; $300 or more but less than $1,000, class 2 misdemeanor; $1,000 or more but less than $2,000, class 1 misdemeanor; C.R.S. § 18-4-401(2), (4)
- Stand your ground / duty to retreat
- No duty to retreat, based on Colorado Supreme Court case law rather than a statute: the court has recognized a 'no duty to retreat' doctrine (People v. Toler, 9 P.3d 341, 348 (Colo. 2000)). C.R.S. § 18-1-704; People v. Toler, 9 P.3d 341 (Colo. 2000), as cited in Moreno v. Circle K Stores, Inc., 2026 CO 46
- Criminal statutes of limitations
- No limit: murder, kidnapping, treason, any sex offense against a child (a felony unlawful sexual offense), and any forgery, and attempt, conspiracy or solicitation to commit them. C.R.S. § 16-5-401(1)(a), (a.5), (2), (3), (4.5)
- Marijuana possession
- Legal for adults. For persons 21 years of age or older, lawful acts include possessing, using, displaying, purchasing, or transporting up to one ounce of marijuana; Colo. Const. art. XVIII, § 16; C.R.S. § 18-18-406(3), (4), (5); Colorado Legislative Council Staff, Marijuana Handbook (2024)
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | For felonies committed on or after July 1, 2020, felonies are divided into six classes with these presumptive ranges (minimum / maximum / mandatory parole): Class 1: life imprisonment / no parole period. Class 2: eight years / twenty-four years / five years if a crime of violence, otherwise three years. Class 3: four years / twelve years / three years. Class 4: two years / six years / three years. Class 5: one year / three years / two years. Class 6: one year / eighteen months / one year. Fines (in addition to or instead of imprisonment): Class 1 no fine; Class 2 $5,000 to one million dollars; Class 3 $3,000 to seven hundred fifty thousand dollars; Class 4 $2,000 to five hundred thousand dollars; Classes 5 and 6 $1,000 to one hundred thousand dollars. Drug felonies are graded separately (levels 1-4) under § 18-1.3-401.5, and sentences can exceed the presumptive range for crimes of violence and aggravating circumstances. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). |
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| Misdemeanor classes and maximum penalties | For offenses committed on or after March 1, 2022: Class 1 misdemeanor, up to 364 days imprisonment, not more than a one thousand dollar fine, or both; Class 2 misdemeanor, up to 120 days imprisonment, not more than a seven hundred fifty dollar fine, or both. Petty offense: a fine of not more than three hundred dollars, imprisonment for not more than ten days in a county jail, or both. Civil infraction: a fine of not more than one hundred dollars unless otherwise provided by statute; a civil infraction is a civil matter. Drug misdemeanors are graded separately (DM1, DM2). The maximum consecutive county jail sentence for misdemeanors charged in a single case is twenty-four months. |
| How much theft is a felony | Theft becomes a felony at two thousand dollars. Tiers: less than $300, petty offense; $300 or more but less than $1,000, class 2 misdemeanor; $1,000 or more but less than $2,000, class 1 misdemeanor; $2,000 or more but less than $5,000, class 6 felony; $5,000 or more but less than $20,000, class 5 felony; $20,000 or more but less than $100,000, class 4 felony; $100,000 or more but less than one million dollars, class 3 felony; one million dollars or more, class 2 felony. Two or more thefts within six months may be aggregated into a single charge. Source: C.R.S. § 18-4-401(2), (4) |
Self-defense
| Stand your ground / duty to retreat | No duty to retreat, based on Colorado Supreme Court case law rather than a statute: the court has recognized a 'no duty to retreat' doctrine (People v. Toler, 9 P.3d 341, 348 (Colo. 2000)). The self-defense statute allows deadly physical force only if a person reasonably believes a lesser degree of force is inadequate and reasonably believes he or another person is in imminent danger of being killed or of receiving great bodily injury (or the other person is committing listed violent crimes such as burglary of an occupied dwelling or business, kidnapping, robbery, sexual assault or certain assaults); the justification is lost by a person who provokes the force or is the initial aggressor and does not withdraw, or who engages in combat by agreement. The 2026 reference to Toler appears in a separate opinion; statute text: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf |
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| Castle doctrine (defending your home) | "The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes." Any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person who has made an unlawful entry into the dwelling, when the occupant reasonably believes the intruder has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and reasonably believes the intruder might use any physical force, no matter how slight, against any occupant. An occupant who uses force under these conditions is immune from criminal prosecution and from any civil liability for injuries or death resulting from the force. 'Dwelling' does not include a place of habitation in a detention facility. Source: C.R.S. § 18-1-704.5 |
Charges, bail and your lawyer
| Criminal statutes of limitations | No limit: murder, kidnapping, treason, any sex offense against a child (a felony unlawful sexual offense), and any forgery, and attempt, conspiracy or solicitation to commit them. Vehicular homicide and leaving the scene of an accident resulting in death: five years (ten years when both are charged from the same episode). Other felonies: three years. Misdemeanors: eighteen months. Class 1 and 2 misdemeanor traffic offenses: one year. Petty offenses: six months. The time limit is tolled while the offender is absent from Colorado (up to five years) and while a prosecution for the same conduct is pending; for certain offenses (such as UCC offenses and cybercrime) the period begins on discovery. Other statutes set different periods for specific offenses. |
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| Bail and pretrial release | All persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption is great, or when, after a hearing held within ninety-six hours of arrest, the court finds the proof is evident or the presumption great and that the public would be placed in significant peril if the accused were released, for listed charges (such as a crime of violence while on probation, parole or bail for a prior crime of violence, a crime of violence after prior felony convictions, and sexual assault offenses). At the first appearance of a person in custody, the court determines the type of bond and conditions of release, which must be sufficient to reasonably ensure appearance and protect the safety of any person or the community, taking into consideration the person's financial condition. The court must presume all persons are eligible for release on bond with the appropriate and least-restrictive conditions; a monetary condition of release must be reasonable. If a court uses a bond schedule, it must consider individualized risk and circumstances and not solely the level of offense; courts use an empirically developed risk assessment instrument where available. Bond types range from an unsecured personal recognizance bond to secured bonds. For offenses punishable by fine only, any monetary condition may not exceed the maximum fine. |
| Right to a public defender | The Colorado State Public Defender represents, without charge (except the processing fee), indigent persons charged with felonies, and indigent persons charged with misdemeanors that carry a possible sentence of incarceration, among others. The public defender makes the determination of indigency, subject to court review, under fiscal standards set by the Colorado Supreme Court. The person must submit an application signed under oath and under penalty of perjury; a copy goes to the prosecutor, who may request a hearing on eligibility. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if court-appointed counsel enters an appearance; the fee is assessed at sentencing or final disposition and may be waived if the court finds the person lacks the financial resources to pay. Juveniles and their parents or guardians do not pay the fee. Source: C.R.S. § 21-1-103 |
Other common questions
| Age of consent | 17 (with age-gap rules). Sexual assault includes sexual intrusion or penetration when, at the time of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim (a class 6 felony). Sexual assault on a child covers sexual contact with a victim less than fifteen years of age when the actor is at least four years older. |
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| Marijuana possession | Legal for adults. For persons 21 years of age or older, lawful acts include possessing, using, displaying, purchasing, or transporting up to one ounce of marijuana; growing no more than six plants in an enclosed and locked space, with three or fewer being mature, flowering plants; and transferring up to one ounce to another person 21 or older without remuneration; consumption may not be open, public, or endangering others. House Bill 21-1090 legalized possession of two ounces of marijuana or less. Possession of more than two ounces but not more than six ounces (or not more than three ounces of concentrate) is a level 2 drug misdemeanor; more than six ounces (or more than three ounces of concentrate) is a level 1 drug misdemeanor. Openly and publicly displaying, consuming or using two ounces or less is a drug petty offense punishable by a fine of up to one hundred dollars and up to twenty-four hours of community service. No more than twelve plants may be grown on a residential property unless local law allows more. Retail stores may not sell more than one ounce of retail marijuana in a single transaction. Penalty text: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf |
Assault, battery and domestic violence
| Assault | The basic assault charge in Colorado is assault in the third degree: knowingly or recklessly causing bodily injury to another person, or with criminal negligence causing bodily injury with a deadly weapon. It is a class 1 misdemeanor (up to 364 days in jail and a fine up to $1,000). Assault in the second degree, generally a class 4 felony (two to six years), includes intentionally causing bodily injury with a deadly weapon, intending bodily injury but causing serious bodily injury, recklessly causing serious bodily injury with a deadly weapon, and choking or smothering that causes bodily injury. Assault in the first degree, generally a class 3 felony (four to twelve years), includes intentionally causing serious bodily injury with a deadly weapon and intentionally causing serious permanent disfigurement. Both felony degrees drop to a lower class when committed in a sudden heat of passion caused by serious provocation. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
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| Battery | Colorado has no separate crime called battery. Causing bodily injury is charged as assault (most often assault in the third degree, a class 1 misdemeanor). Offensive touching without injury is covered by the harassment statute: striking, shoving, kicking or otherwise touching a person or subjecting them to physical contact with intent to harass, annoy or alarm is harassment. The harassment statute lists this physical-contact form (along with following someone in public, and any harassment motivated by bias) as a class 1 misdemeanor (up to 364 days in jail and a fine up to $1,000). Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
| Domestic violence | Colorado does not have a separate domestic assault crime. Domestic violence is a designation added to any crime involving an act or threatened act of violence against a current or former spouse, a current or former unmarried partner, or a co-parent (and to crimes against property used to coerce, control, punish, intimidate or take revenge on such a person). The underlying crime keeps its own grade, but the court must order a domestic violence evaluation and treatment program, and the defendant must give up firearms and ammunition. Any misdemeanor that includes an act of domestic violence becomes a class 5 felony (one to three years) if the person has three or more prior domestic violence convictions from separate episodes (the habitual domestic violence offender rule). Choking or smothering that causes bodily injury is assault in the second degree, a felony. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
| Harassment and stalking | Harassment is acting with intent to harass, annoy or alarm someone by, for example, physical contact, following them in public, directing obscene language or gestures at them in public, repeatedly calling or messaging them, communicating by phone, text, computer or other electronic means in a way meant to harass or threaten injury or property damage, or repeatedly taunting them in a way likely to provoke violence. Electronic, phone and repeated-communication harassment is a class 2 misdemeanor (up to 120 days, up to $750); obscene language or gestures in public is a petty offense; and physical-contact or following harassment, and any harassment motivated by race, religion, disability, sexual orientation or similar bias, is listed as a class 1 misdemeanor (up to 364 days, up to $1,000). Stalking (repeatedly following, contacting, watching or communicating with a person in connection with a credible threat, or in a way that causes serious emotional distress) is a class 5 felony for a first offense (one to three years). It is a class 4 felony (two to six years) for a repeat offense within seven years, or when a protection order, bond, probation or parole condition prohibited the conduct; stalking is also an 'extraordinary risk' crime with a longer sentencing range. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Colorado has no separate shoplifting crime; taking merchandise is charged as theft, graded by value. Theft of less than $300 is a petty offense (up to ten days in jail and a fine up to $300); $300 or more but less than $1,000 is a class 2 misdemeanor (up to 120 days and $750); and $1,000 or more but less than $2,000 is a class 1 misdemeanor (up to 364 days and $1,000). Thefts committed within six months may be added together and charged as one offense based on the total value. Willfully concealing unpurchased goods in a store is prima facie evidence of intent to commit theft. The theft statute contains no rule making a repeat low-value theft a felony because of prior convictions. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
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| Burglary and robbery | Second degree burglary is knowingly breaking into, entering unlawfully, or remaining unlawfully in a building or occupied structure with intent to commit a crime against a person or property; it is a class 3 felony (four to twelve years) for a dwelling or when the goal is stealing firearms or controlled substances, a class 4 felony for an occupied structure or business, a class 5 felony for other buildings, and a class 2 misdemeanor for entering a store in violation of a written no-entry notice or court order. First degree burglary, a class 3 felony, is burglary in which someone assaults or menaces a person, is armed with explosives, or uses or threatens to use a deadly weapon. Robbery is knowingly taking anything of value from the person or presence of another by force, threats or intimidation; it is a class 4 felony (two to six years). Aggravated robbery, a class 3 felony and an 'extraordinary risk' crime with a longer sentencing range, is robbery while armed with a deadly weapon (or a fake one, or claiming to be armed) or wounding or threatening someone with a deadly weapon. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). Third degree burglary (breaking into a safe, vault, cash register or vending machine) is a class 2 misdemeanor (§ 18-4-204). |
| Vandalism (property damage) | Vandalism is called criminal mischief in Colorado: knowingly damaging the real or personal property of another person. It is graded by the total damage in a single criminal episode: less than $300 is a petty offense; $300 or more but less than $1,000 is a class 2 misdemeanor; $1,000 or more but less than $2,000 is a class 1 misdemeanor; $2,000 or more but less than $5,000 is a class 6 felony; $5,000 or more but less than $20,000 is a class 5 felony; $20,000 or more but less than $100,000 is a class 4 felony; $100,000 or more but less than one million dollars is a class 3 felony; and one million dollars or more is a class 2 felony. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). Source: C.R.S. § 18-4-501(1), (4) |
| Trespassing | Third degree criminal trespass, unlawfully entering or remaining on another's premises, is a petty offense (up to ten days and $300). Second degree criminal trespass, entering or remaining on fenced or enclosed premises or the common areas of a hotel, motel, condominium or apartment building, is also a petty offense, while unlawfully entering another person's motor vehicle is a class 2 misdemeanor. First degree criminal trespass, knowingly and unlawfully entering or remaining in another person's dwelling, is a class 1 misdemeanor, but a class 6 felony if the dwelling is inhabited or occupied; entering a vehicle with intent to commit a crime inside is a class 1 misdemeanor. Trespassing on agricultural land with intent to commit a felony there is a class 5 felony. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
Drugs and driving crimes
| Drug possession | Possessing four grams or less of a Schedule I or II controlled substance (or any amount of a Schedule III, IV or V substance, with listed exceptions) is a level 1 drug misdemeanor: up to 180 days in jail (up to 364 days for a third or later offense) or probation up to two years, plus a fine up to $1,000; a fourth or later offense is a level 4 drug felony. Possessing more than four grams of a Schedule I or II substance, or any amount of flunitrazepam, ketamine, GHB or cathinones, is a level 4 drug felony (presumptive range six months to one year). For fentanyl and related opiates, possessing more than one gram but not more than four grams is a level 4 drug felony, and one gram or less is a level 1 drug misdemeanor. Possessing drug paraphernalia is a drug petty offense punishable by a fine of not more than $100. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). No first-offender diversion statute was reviewed; the statute's legislative declaration describes drug possession as primarily a health concern (§ 18-1.3-501(1)(d.5)). |
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| Hit and run | A driver in a crash that injures or kills anyone must immediately stop at or return to the scene and remain until giving name, address and vehicle registration, showing a license on request, and giving reasonable assistance to anyone injured. Leaving the scene of an injury crash is a class 1 misdemeanor traffic offense (ten days to one year in jail, a $300 to $1,000 fine, or both); a class 4 felony (two to six years) if anyone suffers serious bodily injury; and a class 3 felony (four to twelve years) if anyone dies. A conviction for leaving an injury or fatal crash brings mandatory driver's license revocation. Leaving the scene of a crash that damages only an attended vehicle is a class 2 misdemeanor traffic offense (ten to ninety days in jail, a $150 to $300 fine, or both). Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). |
| Reckless driving | Reckless driving is driving a motor vehicle, bicycle, electric bike or scooter in a way that shows a wanton or willful disregard for the safety of persons or property. It is a class 2 misdemeanor traffic offense (ten to ninety days in jail, a $150 to $300 fine, or both). A second or later conviction is punishable by a fine of $50 to $1,000, ten days to six months in county jail, or both. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). |
Arrests, court dates and probation
| Resisting arrest | Resisting arrest is knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by any other means that creates a substantial risk of bodily injury; it is a class 2 misdemeanor (up to 120 days in jail and a fine up to $750). Willfully trying to elude a marked police car after a signal to stop is a class 2 misdemeanor traffic offense. Vehicular eluding, knowingly eluding a pursuing police vehicle while driving recklessly, is a class 5 felony (one to three years), a class 4 felony if it injures someone, and a class 3 felony if it kills someone. Colorado Revised Statutes 2024 (Office of Legislative Legal Services printout). Class penalties: C.R.S. § 18-1.3-401(1)(a)(V.5)(A) (felonies: class 3 four to twelve years; class 4 two to six years; class 5 one to three years; class 6 one year to eighteen months) and § 18-1.3-501(1)(a.5), 18-1.3-503 (class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to ten days and $300). Eluding (traffic offense): https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-42.pdf |
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| Missing a court date | Colorado charges missing court while out on bond as violation of bail bond conditions. A person charged with a felony and released on bond who knowingly fails to appear in that felony case with intent to avoid prosecution commits a class 6 felony (1 year to 18 months). A person on bond for a felony or misdemeanor who intentionally fails to appear at a proceeding where victims or witnesses have appeared commits a class 2 misdemeanor (up to 120 days). Minimum jail terms (one year or six months) apply if the person was also convicted of intimidating, retaliating against or tampering with a victim or witness in the case, and a person on bond for a sex offense who violates bond is not eligible for probation. A bond-appearance violation may not be charged against a person covered by § 16-4-113(2). Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. Source: C.R.S. § 18-8-212 |
| Probation violation | The court that granted probation decides violations at a revocation hearing; there is no jury. The probationer is advised of the charges and possible penalties and pleads guilty or not guilty. The prosecution must prove a violation by a preponderance of the evidence, except that a new crime must be proved beyond a reasonable doubt unless the person has already been convicted of it; failure to pay fees, costs or restitution is prima facie evidence of a violation, and hearsay may be received if the person can rebut it. A probationer in custody must get a hearing within 14 days after the complaint is filed unless delayed for good cause. Within seven days after finding a violation the court must revoke or continue probation; if it revokes, it may impose any sentence or probation that could originally have been imposed. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Warrants for absent violators: § 16-11-207. Source: C.R.S. § 16-11-206 |
| Obstruction of justice | Obstructing government operations (intentionally hindering a public servant's governmental function by violence, force, physical interference or an obstacle) is a class 2 misdemeanor; obstructing an arrest is a defense to this charge. Obstructing a peace officer, firefighter, emergency medical provider, rescue specialist or volunteer by violence, force, interference or an obstacle is also a class 2 misdemeanor; merely remaining silent or verbally objecting to an order is not enough. Tampering with a witness or victim (trying without bribery or threats to get them to testify falsely, withhold testimony or skip a proceeding) is a class 4 felony, and intimidating a witness or victim by threats, harassment or harm is also a class 4 felony. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Resisting arrest (§ 18-8-103) is a separate class 2 misdemeanor. Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. |
| Perjury (lying under oath) | Perjury in the first degree (knowingly making a materially false statement under oath in an official proceeding) is a class 4 felony, punishable by 2 to 6 years and a fine of $2,000 to $500,000. Perjury in the second degree (a materially false sworn statement outside an official proceeding, meant to mislead a public servant) is a class 2 misdemeanor (up to 120 days). False swearing (any other materially false sworn statement) is a petty offense. Not knowing the statement was material is no defense to first-degree perjury. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. |
Public conduct crimes
| Public intoxication | Being drunk in public is not a state crime in Colorado, and local governments may not adopt or enforce any law that makes drinking, having an alcohol use disorder, or being found intoxicated an element of an offense with a criminal or civil penalty. State policy is that intoxicated persons should be afforded treatment. Laws against drunk driving and rules on where, when and by whom alcohol or drugs may be possessed or used are not affected, and being intoxicated does not prevent arrest or prosecution for other criminal conduct. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Source: C.R.S. §§ 27-81-117, 27-81-101 |
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| Disorderly conduct | Disorderly conduct covers intentionally, knowingly or recklessly: making a coarse and obviously offensive utterance, gesture or display in public that tends to incite an immediate breach of the peace; making unreasonable noise in public or near someone else's home; fighting in public (outside a sports contest); a non-officer firing a gun in public (except lawful target practice, hunting or veterans' funeral salutes); or displaying a real or fake gun, or claiming to be armed, in a public place in a way meant to alarm and that does alarm. Offensive gestures, noise and fighting are petty offenses (up to 10 days and $300), but disrupting a funeral this way is a class 2 misdemeanor; displaying a gun is a class 2 misdemeanor and firing one in public is a class 1 misdemeanor (up to 364 days). Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. Source: C.R.S. § 18-9-106 |
| Indecent exposure | Indecent exposure is knowingly exposing one's genitals to someone, or masturbating in their view, in circumstances likely to cause affront or alarm (for genital exposure, with intent to arouse or satisfy sexual desire). It is a class 1 misdemeanor (up to 364 days). It is a class 6 felony after two prior convictions, or when the offender knew a child under 15 could see the act and the offender is over 18 and more than four years older than the child. Indecent exposure is 'unlawful sexual behavior' under the sex-offender registration law, so a conviction generally requires registration. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Registration: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.pdf |
| Prostitution and solicitation | Prostitution (performing or offering or agreeing to perform a sex act with someone other than a spouse for money or anything of value) is a petty offense in Colorado (up to 10 days and $300). Buying sex is also a petty offense: soliciting for prostitution and patronizing a prostitute, and a court may add a fine of up to $5,000 that goes to a prostitution enforcement fund. Pandering by menacing or intimidation is a class 5 felony. Being a victim of human trafficking is an affirmative defense to a prostitution charge for offenses on or after July 1, 2015. Colorado has no legal prostitution. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. |
| Gambling | Colorado's gambling crimes do not cover acts expressly authorized by law, bona fide contests of skill, social games between individuals, crane games, or sports betting conducted under part 15 of article 30 of title 44 and the rules of the limited gaming control commission; the state lottery is authorized under article 40 of title 44. Otherwise, a person who gambles commits a petty offense, and professional gambling (helping others gamble for profit, or playing with an unfair advantage) is a class 2 misdemeanor. Gambling devices, records and proceeds may be seized and forfeited. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). |
Fraud, embezzlement and blackmail
| Embezzlement | Colorado charges embezzlement as theft: knowingly obtaining, retaining or exercising control over anything of value of another without authorization or by deception, with intent to permanently deprive. The grade depends on value: under $300 is a petty offense; $300 to under $1,000 a class 2 misdemeanor; $1,000 to under $2,000 a class 1 misdemeanor; $2,000 to under $5,000 a class 6 felony; $5,000 to under $20,000 a class 5 felony; $20,000 to under $100,000 a class 4 felony; $100,000 to under $1 million a class 3 felony; $1 million or more a class 2 felony. Thefts within six months may be combined. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Source: C.R.S. § 18-4-401(1), (2), (4) |
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| Fraud and identity theft | Identity theft by knowingly using another person's identifying information or financial device without permission to obtain money, credit, property or services, or by forging an instrument or financial device containing that information, is a class 4 felony (2 to 6 years). Possessing another's information or device intending to use it, or using it to apply for credit or a government document, is a class 2 misdemeanor, but a class 5 felony if it involves three or more devices or three or more people's information. Criminal possession of a lost or stolen financial device (such as a credit card) is a class 2 misdemeanor, or a class 5 felony for three or more devices issued to at least two account holders. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. Source: C.R.S. §§ 18-5-902, 18-5-903 |
| Forgery | Forgery (with intent to defraud, falsely making, completing, altering or passing a government security or money, stock, deed, will, contract, commercial instrument, public record, official document, lottery ticket or similar item) is a class 5 felony (1 to 3 years). Forging any other kind of written instrument is second degree forgery, a class 2 misdemeanor. Knowingly possessing a forged instrument of the felony kind with intent to defraud is a class 6 felony. Writing a bad check (fraud by check) is graded by amount: under $300 a petty offense; $300-$999 a class 2 misdemeanor; $1,000-$1,999 a class 1 misdemeanor; $2,000-$4,999 a class 6 felony; $5,000-$19,999 a class 5 felony; $20,000 or more, at least a class 4 felony. Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. |
| Blackmail (extortion) | Blackmail is criminal extortion in Colorado: without legal authority, making a substantial threat to confine, restrain, cause economic hardship or bodily injury, or damage someone's property or reputation, by an unlawful act or by invoking action by a third party (such as the government), to force them to act or not act; threatening to report someone's immigration status to get money or compel action also counts. Criminal extortion is a class 4 felony (2 to 6 years). Aggravated criminal extortion, using threats of chemical, biological or radioactive agents, weapons or poison, is a class 3 felony (4 to 12 years). Colorado Revised Statutes 2024 (Office of Legislative Legal Services uncertified printout). Penalties (C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503, offenses on or after March 1, 2022): class 3 felony 4-12 years; class 4 felony 2-6 years, fine $2,000-$500,000; class 5 felony 1-3 years; class 6 felony 1 year-18 months; class 5 and 6 felony fines $1,000-$100,000; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750; petty offense up to 10 days and $300. Source: C.R.S. § 18-3-207 |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | First-degree murder — killing after deliberation with intent to kill, killing through conduct showing 'universal malice' and extreme indifference to human life, causing an execution through perjury, a death from selling drugs to a minor on school grounds, or knowingly killing a child under 12 while in a position of trust — is a class 1 felony punished by life imprisonment. Second-degree murder — knowingly causing a death, or a death caused by any participant during felony arson, robbery, burglary, kidnapping, sexual assault or escape (felony murder) — is a class 2 felony and must be sentenced as a crime of violence: at least the midpoint of, and up to twice the maximum of, the class 2 presumptive range of 8 to 24 years. A second-degree murder committed in a sudden heat of passion caused by the victim's serious provocation is a class 3 felony (presumptive range 4 to 12 years). Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Second-degree murder: § 18-3-103(3)-(4); crime-of-violence sentencing: § 18-1.3-406. |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter — recklessly causing a death, or intentionally causing or helping another person to commit suicide — is a class 4 felony (presumptive range 2 to 6 years). Criminally negligent homicide is a class 5 felony (1 to 3 years). Vehicular homicide — causing a death by driving recklessly, or while impaired (DWAI), is a class 4 felony; causing a death while driving under the influence (DUI) is a class 3 felony (4 to 12 years) and is a strict-liability crime. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Child endangerment | Colorado's main offense is child abuse: causing an injury to a child's life or health, or permitting a child to be unreasonably placed in a situation that threatens the child's life or health. With no injury, it is a class 2 misdemeanor (up to 120 days and $750), but a class 5 felony under certain aggravating circumstances (for example, in connection with drug manufacturing). Knowing or reckless abuse causing injury is a class 1 misdemeanor; causing serious bodily injury is a class 3 felony (class 4 if criminally negligent); causing death is a class 2 felony (class 3 if criminally negligent). Contributing to the delinquency of a minor — inducing or encouraging a child under 18 to break the law — is a class 4 felony when the underlying crime is a felony covered by the victim-rights law and otherwise a class 1 misdemeanor (up to 364 days and $1,000). Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Arson | First-degree arson — knowingly setting fire to or using explosives to damage another's building or occupied structure without consent — is a class 3 felony for an occupied structure and a class 4 felony for a building (sentenced as a crime of violence if explosives are used). Second-degree arson (other property of another) and fourth-degree arson (knowingly or recklessly starting a fire that endangers people or property) are graded by value, from a petty offense under $300 up to a class 2 felony at $1 million or more; fourth-degree arson that endangers a person is a class 4 felony. Third-degree arson — damaging any property by fire or explosives to defraud (such as insurance fraud) — is a class 5 felony. A controlled agricultural burn done with reasonable caution and harming no one is not arson. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Human trafficking | Human trafficking for involuntary servitude (labor) and human trafficking for sexual servitude — knowingly recruiting, transporting, harboring or obtaining a person to coerce them into labor or commercial sexual activity — are class 3 felonies (4 to 12 years). Trafficking a minor for either purpose is a class 2 felony (8 to 24 years); for sexual servitude of a minor the court must impose at least the minimum of the class 2 range in prison, and the minor's consent or a mistake about age is no defense. A trafficking victim who was forced to take part has an affirmative defense. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Money laundering | Money laundering — conducting a financial transaction with money the person knows or believes are criminal proceeds, or moving money or monetary instruments, to promote a crime, to conceal the source, ownership or control of the proceeds, or to avoid a federal reporting requirement — is a class 3 felony (presumptive range 4 to 12 years, fine $3,000 to $750,000). The statute does not grade the offense by dollar amount. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. An adult who posts or distributes on social media or a website an intimate image (real or simulated, including digitally altered) of an identifiable adult, intending to harass, intimidate or coerce, without consent or when the person reasonably expected it to stay private, and causing serious emotional distress, commits posting a private image for harassment, a class 1 misdemeanor plus a mandatory fine of up to $10,000. Posting such an image to make money (for example, charging for removal) is posting a private image for pecuniary gain, also a class 1 misdemeanor with a fine of up to $10,000. The depicted person keeps a protectable right of authorship over commercial use of the image. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
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| Cyberbullying | Colorado's harassment law includes electronic harassment ('Kiana Arellano's Law'): with intent to harass, annoy or alarm, initiating communication or directing language at someone by phone, text, instant message, computer or other electronic medium in a way meant to harass or threaten bodily injury or property damage, or making obscene comments electronically. This is a class 2 misdemeanor (up to 120 days and $750), and a class 1 misdemeanor if motivated by the victim's race, religion, disability, sexual orientation or other listed traits. It applies to victims of any age and may be prosecuted where the message was sent or received. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Sexting by minors | Colorado has separate juvenile offenses. A juvenile who sends or posts a sexually explicit image of another person (age 14 or older, or less than four years younger) without permission or when the person expected privacy, or sends an unsolicited explicit image of himself or herself that causes distress, commits posting a private image by a juvenile, a class 2 misdemeanor (class 1 if done to coerce or distress, after a prior diversion or adjudication, or involving three or more people). Possessing such an image without the depicted person's permission is a petty offense, unless the juvenile deleted it or reported it within 72 hours. Consensual exchange of self-images between juveniles is a civil infraction punished by an education program or a fine of up to $50, with no arrest warrant or jail. Being coerced is an affirmative defense. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Underage drinking and fake IDs | A person under 21 who possesses or drinks alcohol anywhere in Colorado commits illegal possession or consumption of ethyl alcohol by an underage person, a strict-liability unclassified petty offense. A first offense brings a fine of up to $100, a substance-abuse education program, or both; a second, a fine of up to $100 plus required education, assessment and treatment if needed, and up to 24 hours of public service; a third or later, a fine of up to $250, required assessment and treatment, and up to 36 hours of public service, plus a $25 surcharge. Prosecutors are encouraged to offer diversion. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Animal cruelty | Cruelty to animals — knowingly, recklessly or negligently tormenting, beating, starving, neglecting, abandoning or otherwise mistreating an animal, or recklessly or negligently torturing, mutilating or needlessly killing one — is a class 1 misdemeanor (up to 364 days and $1,000), with a $500 mandatory minimum fine; a second or later conviction is a class 6 felony with 90 days in jail or home detention required if probation is granted. Aggravated cruelty — knowingly torturing, needlessly mutilating or needlessly killing an animal, or knowingly killing a police animal — is a class 4 felony (2 to 6 years). The court must order an evaluation before sentencing and may require treatment, and for any felony cruelty conviction must bar the offender from owning, possessing or caring for a pet animal for 3 to 5 years unless the treatment provider recommends otherwise. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Knowingly driving while your license is suspended, revoked or denied for a reason other than a DUI, DWAI or similar alcohol offense (or for an outstanding judgment) is a class A traffic infraction with a $100 penalty and $15 surcharge; a second conviction within 5 years makes the driver ineligible for a license for 3 years. Driving while restrained because of a DUI, DWAI, underage drinking-and-driving conviction or an alcohol-related revocation is a class 2 misdemeanor traffic offense (10 to 90 days in jail and/or a $150 to $300 fine); a second or later conviction carries a $500 to $3,000 fine and, within 5 years, a 4-year license ineligibility. The state also adds one year before a new license can be issued. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
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| Driving without a license | Driving on a Colorado highway without ever having been issued a valid license or permit (or driving a vehicle class you are not licensed for) is a class A traffic infraction with a $35 penalty and $10 surcharge; a second or later conviction without getting a valid license adds 6 points to the driver's record. Driving with a license expired one year or less, or failing to have your license in your immediate possession, is a class B traffic infraction ($15 plus $6 surcharge), and the charge is dismissed if you show the court a valid license. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Open container in a car | Anyone in the passenger area of a motor vehicle — driver or passenger — on a public highway or its right-of-way may not knowingly drink alcohol or possess an open alcoholic beverage container; the passenger area includes the glove compartment and anything within reach of a seated person. Exceptions cover back-seat passengers in vehicles for hire (taxis, limousines, buses), passengers in the living quarters of a motor home or camper, and containers behind the last upright seat or in an unoccupied area of a vehicle without a trunk. A violation is a class A traffic infraction with a $50 fine and a $16 surcharge; cities may adopt rules that are no less strict. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Jaywalking | A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk; and diagonal crossing of an intersection is not allowed unless signals or signs permit it. This is a class B traffic infraction — a civil matter, with no license points — and the statutory penalty is $15 plus a $6 surcharge. Pedestrians must obey 'Walk/Don't Walk' signals and may not suddenly step into the path of a close vehicle (class A traffic infraction, $15 to $30), and drivers must yield to pedestrians in crosswalks without working signals. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Knife laws | Ballistic knives (spring- or explosive-propelled blades) are illegal weapons; knowingly possessing one is a class 1 misdemeanor. Colorado's weapons statutes do not list switchblades or gravity knives as illegal weapons. Knowingly carrying a concealed 'knife' — a dagger, dirk, knife or stiletto with a blade over 3.5 inches, or similar dangerous cutting instrument, but not a hunting or fishing knife carried for sport — is a class 1 misdemeanor, except in your home, business or property, or in a private vehicle while traveling for lawful protection. Carrying a non-firearm deadly weapon, including a knife, on the grounds of any school, college or university is a class 6 felony, with exceptions for authorized school activities. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Fireworks | Only 'permissible fireworks' are legal for the public: fountains, wheels, ground spinners, torches, sparklers, snakes, small noise novelties and ground-based multi-tube devices whose sparks rise no more than 15 feet; aerial devices and audible ground devices such as firecrackers are not permissible. Possessing or discharging other fireworks without a display permit is illegal. No one may sell or give fireworks to anyone under 16, and people under 16 may not buy them, though they may use permissible fireworks under adult supervision. Cities and counties may further restrict or ban the sale, use and possession of fireworks. A violation is a petty offense (fine up to $300 and/or up to 10 days in jail). Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). The statewide statute sets no sale-date window; dates are set locally. |
Kidnapping, threats and sex crimes
| Kidnapping | First-degree kidnapping is seizing, luring or imprisoning someone to force a concession or ransom for their release. It is a class 1 felony (life) if the victim suffered bodily injury, and a class 2 felony (8 to 24 years) if the victim was freed unharmed before conviction. Second-degree kidnapping (knowingly moving someone without consent in a way that increases their risk of harm, or taking a child to hide from a parent or to sell) is a class 4 felony (2 to 6 years); it is a class 3 felony (4 to 12 years) if done to sell the victim or with a real or claimed deadly weapon, and a class 2 felony if the victim was also sexually assaulted or robbed or if it involved a child. False imprisonment (knowingly confining someone without consent or legal authority) is a class 2 misdemeanor (up to 120 days), but a class 5 felony (1 to 3 years) if force or threats are used and the confinement lasts 12 hours or more, or for certain cruel confinement of children. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
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| Criminal threats (terroristic threats) | Threatening to hurt someone is mainly charged as menacing: knowingly placing or trying to place another person in fear of imminent serious bodily injury by a threat or physical action. Menacing is a class 1 misdemeanor (up to 364 days), and a class 5 felony (1 to 3 years) if done with a real or fake firearm, knife or bludgeon. Threatening injury, confinement, property damage or economic harm to force someone to act is criminal extortion, a class 4 felony (2 to 6 years), or a class 3 felony if chemical, biological or radioactive agents, weapons or poison are threatened. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Sexual assault and rape | Sexual assault (knowingly inflicting sexual intrusion or penetration on a victim who does not consent, cannot understand the conduct, is physically helpless, or in other listed situations such as abuse of custodial authority or a sham medical exam) is a class 4 felony (2 to 6 years presumptive). It is a class 3 felony (4 to 12 years) when the actor uses physical force, threats of death, serious injury or kidnapping, threats of future retaliation, or drugs the victim to cause submission, or when the victim is physically helpless. It is a class 2 felony (8 to 24 years) when the actor is aided by others, the victim suffers serious bodily injury, or the actor is armed with a deadly weapon. Felony sex offenders are sentenced under the Lifetime Supervision Act to an indeterminate prison term of at least the bottom of the presumptive range (or its midpoint for a crime of violence) up to natural life. Age-based offenses are covered on the age-of-consent page. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). |
| Child molestation (child sexual abuse) | Sexual assault on a child (knowingly subjecting a child under 15 to sexual contact when the actor is at least four years older) is a class 4 felony, raised to a class 3 felony if the actor uses force or threats or it is part of a pattern of sexual abuse. Sexual assault on a child by one in a position of trust applies to victims under 18: a class 3 felony if the child is under 15 or there is a pattern of abuse, otherwise a class 4 felony. These are sex offenses under the Lifetime Supervision Act, so a prison sentence is indeterminate, with a minimum based on the presumptive range and a maximum of natural life. Sexual intrusion or penetration of a child under 15 by someone at least four years older is sexual assault under § 18-3-402. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). |
| Child pornography (child sexual abuse material) | Colorado calls this sexual exploitation of a child (a child is anyone under 18). Producing such material, causing a child to take part, or publishing, selling, distributing or making it accessible to others (including online), or possessing it with intent to distribute, is a class 3 felony (4 to 12 years). Accessing with intent to view, viewing or possessing it is a class 5 felony (1 to 3 years) for each item, raised to a class 4 felony for a second offense or if the item is a video. Higher 'extraordinary risk' ranges apply if the material shows a child under 12, physical force, or sexual intercourse, intrusion or sadomasochism. A juvenile whose conduct only involves the separate offenses of possessing or exchanging a private image of a peer is not prosecuted under this section. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). |
| Online solicitation of a minor | Internet luring of a child (communicating by computer, phone, text or instant message with someone the actor knows or believes is under 15, describing explicit sexual conduct and inviting the person to meet, when the actor is more than four years older) is a class 5 felony (1 to 3 years), or a class 4 felony (2 to 6 years) if the intent is to meet for sexual contact or sexual exploitation. It is no defense that no meeting took place. Internet sexual exploitation of a child (enticing someone believed to be under 15 and at least four years younger to expose or touch intimate parts, or to watch the actor's, over an electronic connection) is a class 4 felony. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. §§ 18-3-306, 18-3-405.4 |
| Sex offender registration | People convicted of unlawful sexual behavior must register with local law enforcement in each place they live, within five business days after release or after being told of the duty. The duty continues until a court grants a petition to end it: 20 years after release for class 1-3 felony offenses, 10 years for class 4-6 felonies and unlawful sexual contact, and 5 years for other misdemeanors, if there is no new sex offense; juveniles and people on a completed deferred judgment can petition sooner. Sexually violent predators, adults convicted of sexual assault, sexual assault on a child (including by one in a position of trust), incest or aggravated incest, and adults with more than one sex conviction must register for life. Failing to register is a class 6 felony when the underlying offense was a felony (class 5 for a second or later failure) and a class 1 misdemeanor when it was a misdemeanor. Failure to register: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf . Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). |
Car theft, stolen property and drugs
| Car theft and joyriding | Colorado has a separate motor vehicle theft offense in three degrees. Third degree (knowingly taking or controlling another person's vehicle, or receiving one from a non-owner, knowing or reasonably should know it is unauthorized) is a class 5 felony (1 to 3 years). Second degree applies when the thief keeps it more than 24 hours, disguises it or alters the VIN, takes it out of state, puts on false plates, causes $1,000 or more in damage or injures someone, uses it in another crime, or it bore a disability plate; it is a class 4 felony (2 to 6 years). First degree (with two prior auto-theft or unauthorized-use convictions) is a class 3 felony (4 to 12 years). Joyriding, called unauthorized use of a motor vehicle (the car is returned or recovered undamaged within 24 hours and no other crime is committed), is a class 1 misdemeanor, and a class 5 felony for a second or later offense. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Motor vehicle theft cannot also be prosecuted under the general theft statute (§ 18-4-409(7)). |
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| Receiving stolen property | Colorado no longer has a separate theft-by-receiving offense; receiving, pawning or getting rid of property a person knows or believes was stolen is charged as theft and graded by value: under $300 a petty offense, $300 to under $1,000 a class 2 misdemeanor, $1,000 to under $2,000 a class 1 misdemeanor, $2,000 to under $5,000 a class 6 felony, $5,000 to under $20,000 a class 5 felony, $20,000 to under $100,000 a class 4 felony, $100,000 to under $1 million a class 3 felony, and $1 million or more a class 2 felony. Thefts within six months, or against the same person in one scheme, can be added together. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). The separate dealing-in-stolen-goods offense (§ 18-4-411, transactions for profit in stolen goods) was not read. |
| Drug trafficking and intent to distribute | Selling, distributing, manufacturing or possessing with intent to sell a controlled substance is graded by drug and weight into drug felony levels. Level 1 (more than 225 grams of a Schedule I or II drug, more than 112 grams of methamphetamine or heroin, more than 50 grams of fentanyl or its analogs, or any Schedule I or II sale by an adult to a minor at least two years younger) carries 8 to 32 years and is subject to mandatory sentencing. Level 2 (more than 14 up to 225 grams of Schedule I or II, more than 7 up to 112 grams of methamphetamine or heroin, more than 4 up to 50 grams of fentanyl) carries 4 to 8 years (up to 16 aggravated). Smaller amounts are a level 3 drug felony (2 to 4 years, up to 6 aggravated), and a level 1 drug felony also applies if a fentanyl sale causes a user's death. Sales within six months may be aggregated. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Fines range from $2,000-$500,000 (DF3) up to $5,000-$1,000,000 (DF1). |
| Prescription drug fraud | Getting a controlled substance or its administration by fraud, deceit, misrepresentation or subterfuge, by forging or altering an order, by hiding a material fact, or by using a false name or address is a level 4 drug felony (6 months to 1 year presumptive, up to 2 years aggravated). The same applies to making or passing a false or forged order (prescription), falsely claiming to be a practitioner or manufacturer to get controlled substances, and putting a forged label on a drug package. Information given to a doctor to get drugs for non-medical purposes is not privileged. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). A separate 'doctor shopping' offense was not looked for. |
Driving and boating
| Vehicular assault | Vehicular assault is causing serious bodily injury to another person by driving a motor vehicle recklessly, or while under the influence of alcohol or drugs, or while impaired by them. Driving under the influence and causing serious injury is a strict-liability class 4 felony (2 to 6 years). Reckless driving that causes serious injury, or driving while ability-impaired that causes serious injury, is a class 5 felony (1 to 3 years). Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
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| Street racing | Knowingly taking part in a speed contest (racing or time trials on a highway) is a class 1 misdemeanor traffic offense, and a speed exhibition (such as burnouts, rapid acceleration, weaving or leaving tire marks to show off speed or power) is a class 2 misdemeanor traffic offense. Blocking a road to help a race or exhibition is charged as the offense the person aided. On a second conviction the court may order the vehicle immobilized for up to 14 days, and on a third or later conviction for more than 14 up to 30 days, in addition to any impound before sentencing. Organized events on authorized tracks are exempt. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Penalties for class 1 and 2 misdemeanor traffic offenses are set in § 42-4-1701, not read. Source: C.R.S. § 42-4-1105 |
| Boating under the influence (BUI) | Operating or being in actual physical control of a motorized, wind-powered or flying vessel while under the influence of alcohol or drugs, or with a blood or breath alcohol level of 0.08 or more within two hours of operating, is a misdemeanor. A first conviction carries 5 days to 1 year in county jail (the minimum is mandatory, with limited exceptions), a possible fine of $600 to $1,000, and 48 to 96 hours of public service. A later conviction carries 60 days to 1 year. Knowingly letting an impaired person operate one's vessel is a class 2 misdemeanor. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Boating-privilege suspension in § 33-13-108.1(16) and other subsections not restated. |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud is presenting, with intent to defraud, a claim or supporting statement containing false material information or leaving out requested information, staging or faking a vehicle collision for a claim, claiming a loss outside the coverage period, or faking proof of insurance; these are a class 6 felony (1 year to 18 months). Lying on an application that results in a policy being issued is a class 2 misdemeanor (up to 120 days). Knowingly diverting or misappropriating premium funds is a class 5 felony (1 to 3 years). The insurance commissioner must revoke the license of any insurance producer convicted under this section. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). The statute sets no dollar-based grades. |
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| Welfare and unemployment fraud | Getting public assistance, medical assistance or child care assistance one is not entitled to (or more than one is entitled to) by a willfully false statement, impersonation or other fraud is charged as theft and graded by value under the general theft tiers (for example, $2,000 to under $5,000 is a class 6 felony). The person is also disqualified from the program for 1 year for a first offense, 2 years for a second and permanently for a third. Knowingly failing to report increased income or property within 30 days is a petty offense. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is a class 2 misdemeanor (up to 120 days). Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). Unemployment: https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-08.pdf . |
| Bribery | Bribery (offering or giving any money or other financial benefit to a public servant to influence their vote, judgment or official action, or a public servant asking for or accepting one) is a class 3 felony (4 to 12 years). It is no defense that the official had not yet taken office or lacked jurisdiction. Paying or accepting compensation for past official favors is a class 4 felony (2 to 6 years). Commercial bribery (an employee, fiduciary, professional adviser, arbitrator or similar person accepting a benefit to violate a duty of loyalty, or someone offering it) is a class 6 felony (1 year to 18 months). Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| State tax evasion | Willfully attempting to evade or defeat a tax administered by the Department of Revenue is a class 6 felony, punished as a felony or by a fine of up to $100,000 ($500,000 for a corporation), or both, plus costs. Willfully failing to collect, account for or pay over a tax (including a false refund claim), or willfully signing a false return under penalty of perjury, is a class 5 felony with the same fine limits. Willfully failing to pay a tax, file a return, keep records or supply information is a misdemeanor punished by a fine of up to $50,000 ($100,000 for a corporation), up to 1 year, or both. Read in the Colorado Revised Statutes 2024 uncertified printout (Office of Legislative Legal Services). |
| Computer hacking and cybercrime | Colorado calls hacking 'cybercrime': knowingly accessing or using a computer system without authorization or beyond it, accessing one to defraud or steal, damaging or disrupting a system, or transmitting code meant to cause damage. Simple unauthorized access is a class 2 misdemeanor; otherwise the grade follows the loss or damage, from a petty offense (under $300) and misdemeanors up to $2,000, to a class 6 felony ($2,000-$5,000), class 5 ($5,000-$20,000), class 4 ($20,000-$100,000), class 3 ($100,000-$1 million) and class 2 felony ($1 million or more). Using a computer to arrange child prostitution or skimming or re-encoding payment cards is a class 5 felony, and using ticket bots to get around purchase limits is a class 2 misdemeanor per ticket. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. § 18-5.5-102 |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | Possession of a weapon by a previous offender (knowingly possessing, using or carrying a firearm or other covered weapon after a felony conviction, or after an attempt or conspiracy to commit a felony, under Colorado, other-state or federal law) is a class 5 felony (1 to 3 years). A person who used or threatened to use the gun in another crime cannot get probation and must go to prison. For juveniles, the ban applies after a felony adjudication for 10 years from completion of the sentence, and a person who has completed the sentence may ask a court to lift it for good cause. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. § 18-12-108(1)-(3) |
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| Recording conversations (one-party consent) | Colorado is a one-party consent state. Wiretapping (recording or listening to a phone or electronic communication by someone who is not a sender or receiver, without the consent of either a sender or a receiver) is a class 2 misdemeanor. Eavesdropping (a person not visibly present who overhears or records a conversation without the consent of at least one of the principal parties) is also a class 2 misdemeanor (up to 120 days and $750). Using or disclosing illegally obtained contents is part of each offense. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. §§ 18-9-303, 18-9-304 |
| Filing a false police report | False reporting to authorities (knowingly reporting to police a crime or incident that did not happen, giving false information about an offense, or setting off a false fire or emergency alarm) is a class 2 misdemeanor. False reporting of an emergency, which includes a false report of an imminent threat involving a deadly weapon (often called swatting), is a class 2 misdemeanor, a class 1 misdemeanor if it causes an evacuation, lockdown or disruption or the response injures someone, a class 4 felony if the response causes serious bodily injury, and a class 3 felony if it causes a death. The court must also order restitution for the cost of the emergency response. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. § 18-8-111 |
| Hate crimes | Yes. A bias-motivated crime is committed when, intending to intimidate or harass someone at least partly because of the person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation or transgender identity, a person knowingly causes bodily injury, places the person in fear of imminent lawless action, or damages the person's property. Causing bodily injury is a class 5 felony (class 4 if aided by others); threats or property damage are a class 1 misdemeanor. For a first-time offender the court must consider community service and, if the victim asks, restorative justice in addition to the sentence. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. § 18-9-121 |
| Parole violation | When a parolee is arrested for a violation, the community parole officer has 10 working days to either file a revocation complaint with the State Board of Parole or release the parolee, and the final hearing generally must be held within 30 days of arrest. The division of adult parole must prove a violation by a preponderance of the evidence, but a new crime must be proven beyond a reasonable doubt unless the parolee was convicted of it. Within five working days the board must revoke parole, continue it, or modify the conditions. The board may revoke for up to the rest of the parole period for a new crime or for serious violations (such as weapon possession, absconding, refusing sex offender treatment or contacting a victim), while for technical violations by people on parole for lower-level nonviolent offenses the board may order treatment as a condition of parole. |
| Violating a restraining order | Violating a protection order (contacting, harassing, threatening or approaching the protected person or place, or other prohibited acts, after being served with the order or learning its contents) is a class 2 misdemeanor (up to 120 days). It is a class 1 misdemeanor (up to 364 days) if the person has a prior conviction for violating a protection order, if the order was a mandatory criminal protection order, or if the order was based on stalking or the parties were in an intimate relationship. Any sentence runs consecutively to the sentence for the crime that led to the order, and police must arrest (or seek a warrant) when they have probable cause of a violation. Class ranges (C.R.S. §§ 18-1.3-401, 18-1.3-501, from the existing state record; presumptive minimum / maximum): class 2 felony 8 / 24 years; class 3 4 / 12; class 4 2 / 6; class 5 1 / 3; class 6 1 year / 18 months; class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. Read in the Colorado Revised Statutes 2024 uncertified printout (PDF on content.leg.colorado.gov). Source: C.R.S. § 18-6-803.5(1), (2), (3) |
| Juveniles tried as adults | Colorado allows both direct filing and judicial transfer. The district attorney may file directly in adult (district) court only if the juvenile was 16 or older and is accused of a class 1 or 2 felony, a sexual assault that is a crime of violence or is aggravated, or another crime of violence or sexual assault with a prior felony adjudication, or was previously prosecuted in district court; the juvenile may ask for a reverse transfer to juvenile court. A juvenile court may transfer a juvenile 12 or 13 accused of a class 1 or 2 felony or crime of violence, or a juvenile 14 or older accused of any felony, after a hearing finding that keeping the case would be contrary to the juvenile's or public's best interests. A transferred juvenile may be sentenced as an adult or to the youthful offender system. Source: C.R.S. §§ 19-2.5-801, 19-2.5-802 |
Death penalty, three strikes and rights after a felony
| Death penalty | Colorado has abolished the death penalty for offenses charged on or after July 1, 2020: for those cases death is not a sentencing option for a class 1 felony, which is punished by life imprisonment. The repeal does not commute or alter sentences for offenses charged before July 1, 2020, and any death sentence in effect on that date remains valid; the older capital sentencing procedure still covers class 1 felonies charged before that date. |
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| Three strikes and habitual offender laws | Colorado's habitual criminal law has three tiers. A person convicted of a class 1 or 2 felony, a level 1 drug felony or a class 3 felony crime of violence who has two prior convictions for such offenses gets life imprisonment with no parole for at least 40 years. A person convicted of a class 1 to 5 felony or level 1 to 3 drug felony who has two prior felony convictions within 10 years gets three times the maximum of the presumptive range for that class (48 years for a level 1 drug felony). A person convicted of any felony with three prior felony convictions gets four times the maximum of the presumptive range (64 years for a level 1 drug felony). Prior convictions must come from separately brought and tried cases arising from separate criminal episodes, and some level 4 drug possession felonies are excluded. Class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. |
| Voting with a felony conviction | In Colorado a person cannot register or vote only while serving a sentence of detention or confinement in a correctional facility, jail or other location for a felony conviction. People on parole are eligible to register and vote, as are people on probation and people jailed while awaiting trial or not serving a felony sentence; a confined prisoner who is not serving a felony sentence may register and list the facility as a ballot address. Probation is not named in § 1-2-103(4); eligibility follows because the bar applies only while serving a sentence of detention or confinement for a felony. Source: C.R.S. § 1-2-103(1), (4) |
| Restoring rights after a felony | Colorado restores voting automatically: the bar on registering and voting ends when a person is no longer serving a sentence of detention or confinement for a felony, so a person can vote while on parole. Firearm rights are not restored the same way: possessing a firearm after any felony conviction is the crime of possession of a weapon by a previous offender (a class 5 felony), and for juvenile felony adjudications the ban lasts 10 years after the sentence is completed, after which the person may ask a court to lift it for good cause. The habitual criminal statute notes the governor may issue a pardon or clemency order case by case. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Colorado bans intoxicating hemp products. Delta-8, delta-9, delta-10 and other THC isomers, THC esters, hydrogenated forms (such as HHC) and synthetic THC are 'intoxicating cannabinoids' when they exceed limits set by rule (or in any amount if no rule sets one). Since SB 23-271 (effective June 7, 2023), no one may manufacture, produce or distribute an intoxicating cannabinoid in Colorado as a hemp product or ingredient, except safe-harbor products made for export, or market a hemp product as containing THC. Hemp products with more than 1.25 mg of THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to anyone under 21 or in packages of more than five servings. Violations bring civil penalties of up to $10,000 per day per violation. Bills to change this in 2025 (SB 25-076) and 2026 (SB 26-161, and SB 26-164 on hemp THC beverages) did not pass. Statute text from the Colorado Revised Statutes 2024 printout (Office of Legislative Legal Services), read 2026-10-28; 2025 and 2026 printouts return 404 and the current code is hosted only by LexisNexis. The Marijuana Enforcement Division home page (med.colorado.gov) links a 'Notice on the Prohibition of hemp-derived THC in Colorado' (not read). |
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| Magic mushrooms (psilocybin) | Colorado's Natural Medicine Health Act (Proposition 122, effective December 27, 2022) allows adults 21 and older to possess, consume, share without payment, cultivate and make psilocybin and psilocin (and DMT, mescaline other than peyote, and ibogaine) for personal use, and creates state-licensed healing centers where licensed facilitators supervise natural medicine services. Selling natural medicine outside the licensed program, giving it to anyone under 21 or using it commercially remains illegal. A person under 21 who possesses or consumes it commits a drug petty offense (fine up to $100 or up to four hours of substance use education or counseling), and public display or consumption is a drug petty offense (fine up to $100 and up to 24 hours of public service). Psilocybin and psilocyn are still listed in Schedule I. Later laws let the governor pardon a class of people convicted of possessing natural medicine (SB 25-297, signed June 3, 2025), legalize an FDA-approved crystalline polymorph psilocybin medicine once approved (HB 25-1063, signed March 31, 2025), and create an ibogaine research pilot program (HB 26-1325, signed June 4, 2026). |
| Kratom | Kratom is legal but regulated in Colorado. Under the 'Daniel Bregger Act' (SB 25-072, effective on signature May 29, 2025), it is a deceptive trade practice under the Colorado Consumer Protection Act to knowingly prepare, distribute, advertise or sell a kratom product to anyone under 21, or one that is adulterated (with fentanyl, another controlled substance, or synthesized or semi-synthesized alkaloids), that has 7-hydroxymitragynine above 2% of the alkaloid composition, that is a confection or candy-like or appeals to children, or that is combustible or meant for vaping; products must carry labels listing the maker, ingredients, warnings (including against use under 21), serving directions and the mitragynine and 7-hydroxymitragynine content per serving; and kratom may not be displayed where people under 21 can reach it. Separately, selling or giving kratom to someone under 21, or failing to check a government photo ID, is a civil infraction with a $200 fine. |
| CBD | CBD and other non-intoxicating hemp cannabinoids (including broad-spectrum hemp extract, CBG, CBN, and full-spectrum extract with no more than 1.75 mg THC per serving and a CBD-to-THC ratio of at least 15 to 1) may be used as an ingredient in or as a finished hemp product in Colorado. Hemp products must be cosmetics, dietary supplements, foods, food additives or herbs, and manufacturers and storage facilities must register with the state health department. Products with more than 1.25 mg THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to people under 21 (products with no THC, tinctures and cosmetics are exempt from that age rule). |
| Smoking and vaping age | The minimum age to buy cigarettes, tobacco products and nicotine products in Colorado, including electronic cigarettes and other vaping devices, is 21. Sellers must check a government-issued photo ID, and selling or giving these products to someone under 21 is a civil infraction with a $200 fine; local governments may set stricter rules but not a lower age. The section read sets no penalty on the minor for possession or use. Source: C.R.S. § 18-13-121(1), (3), (5) |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Colorado's crimes against at-risk persons cover at-risk elders (70 or older) and adults with disabilities. Assault on an at-risk person is upgraded: first-degree assault becomes a class 2 felony, second-degree a class 3 felony, and third-degree a class 6 felony. Criminally negligent harm is a class 4 felony if it causes death, class 5 for serious bodily injury and class 6 for bodily injury; knowing caretaker neglect is a class 1 misdemeanor. Theft from an at-risk person in their presence, in a position of trust or knowing they are at risk is a class 5 felony under $500 and a class 3 felony at $500 or more, and criminal exploitation (using deception, harassment, intimidation or undue influence to take something of value) is a class 5 felony under $500 and a class 3 felony at $500 or more. Class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. |
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| Voyeurism (peeping tom) | In Colorado, knowingly observing or photographing (including video or live feed) another person's intimate parts without consent, where that person has a reasonable expectation of privacy, is criminal invasion of privacy, a class 2 misdemeanor (up to 120 days and $750). Source: C.R.S. § 18-7-801 |
| Assaulting a police officer | In Colorado, intentionally causing bodily injury to anyone while trying to stop someone you know or should know is a peace officer, firefighter or emergency medical provider from performing a lawful duty is assault in the second degree, a class 4 felony (class 6 if done in a sudden heat of passion); intentionally causing serious bodily injury in that situation is also second-degree assault and is sentenced under the crime-of-violence sentencing statute, though a prison term is not mandatory. Violently applying force to a peace officer, firefighter, EMS provider, judge or detention worker while in custody, or causing an officer or first responder on duty to contact bodily fluids with intent to infect, injure or harm, is second-degree assault too, and a sentence for the in-custody offense must be served consecutively in prison. Ordinary assault in the third degree (knowingly or recklessly causing bodily injury), and exposing an officer or first responder to bodily fluids with intent to harass or annoy, is a class 1 misdemeanor. Class 1 misdemeanor up to 364 days and $1,000; class 2 misdemeanor up to 120 days and $750. |
Criminal Law FAQ
What are the felony classes and maximum sentences in Colorado?
For felonies committed on or after July 1, 2020, felonies are divided into six classes with these presumptive ranges (minimum / maximum / mandatory parole): Class 1: life imprisonment / no parole period. Class 2: eight years / twenty-four years / five years if a crime of violence, otherwise three years. Class 3: four years / twelve years / three years. Class 4: two years / six years / three years. Class 5: one year / three years / two years. Class 6: one year / eighteen months / one year. Fines (in addition to or instead of imprisonment): Class 1 no fine; Class 2 $5,000 to one million dollars; Class 3 $3,000 to seven hundred fifty thousand dollars; Class 4 $2,000 to five hundred thousand dollars; Classes 5 and 6 $1,000 to one hundred thousand dollars. Drug felonies are graded separately (levels 1-4) under § 18-1.3-401.5, and sentences can exceed the presumptive range for crimes of violence and aggravating circumstances.
What are the misdemeanor classes and penalties in Colorado?
For offenses committed on or after March 1, 2022: Class 1 misdemeanor, up to 364 days imprisonment, not more than a one thousand dollar fine, or both; Class 2 misdemeanor, up to 120 days imprisonment, not more than a seven hundred fifty dollar fine, or both. Petty offense: a fine of not more than three hundred dollars, imprisonment for not more than ten days in a county jail, or both. Civil infraction: a fine of not more than one hundred dollars unless otherwise provided by statute; a civil infraction is a civil matter. Drug misdemeanors are graded separately (DM1, DM2). The maximum consecutive county jail sentence for misdemeanors charged in a single case is twenty-four months.
How much do you have to steal for it to be a felony in Colorado?
Theft becomes a felony at two thousand dollars. Tiers: less than $300, petty offense; $300 or more but less than $1,000, class 2 misdemeanor; $1,000 or more but less than $2,000, class 1 misdemeanor; $2,000 or more but less than $5,000, class 6 felony; $5,000 or more but less than $20,000, class 5 felony; $20,000 or more but less than $100,000, class 4 felony; $100,000 or more but less than one million dollars, class 3 felony; one million dollars or more, class 2 felony. Two or more thefts within six months may be aggregated into a single charge.
Is Colorado a stand your ground state?
No duty to retreat, based on Colorado Supreme Court case law rather than a statute: the court has recognized a 'no duty to retreat' doctrine (People v. Toler, 9 P.3d 341, 348 (Colo. 2000)). The self-defense statute allows deadly physical force only if a person reasonably believes a lesser degree of force is inadequate and reasonably believes he or another person is in imminent danger of being killed or of receiving great bodily injury (or the other person is committing listed violent crimes such as burglary of an occupied dwelling or business, kidnapping, robbery, sexual assault or certain assaults); the justification is lost by a person who provokes the force or is the initial aggressor and does not withdraw, or who engages in combat by agreement.
Does Colorado have a castle doctrine?
"The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes." Any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person who has made an unlawful entry into the dwelling, when the occupant reasonably believes the intruder has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and reasonably believes the intruder might use any physical force, no matter how slight, against any occupant. An occupant who uses force under these conditions is immune from criminal prosecution and from any civil liability for injuries or death resulting from the force. 'Dwelling' does not include a place of habitation in a detention facility.
What is the statute of limitations for crimes in Colorado?
No limit: murder, kidnapping, treason, any sex offense against a child (a felony unlawful sexual offense), and any forgery, and attempt, conspiracy or solicitation to commit them. Vehicular homicide and leaving the scene of an accident resulting in death: five years (ten years when both are charged from the same episode). Other felonies: three years. Misdemeanors: eighteen months. Class 1 and 2 misdemeanor traffic offenses: one year. Petty offenses: six months. The time limit is tolled while the offender is absent from Colorado (up to five years) and while a prosecution for the same conduct is pending; for certain offenses (such as UCC offenses and cybercrime) the period begins on discovery. Other statutes set different periods for specific offenses.
How does bail work in Colorado?
All persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption is great, or when, after a hearing held within ninety-six hours of arrest, the court finds the proof is evident or the presumption great and that the public would be placed in significant peril if the accused were released, for listed charges (such as a crime of violence while on probation, parole or bail for a prior crime of violence, a crime of violence after prior felony convictions, and sexual assault offenses). At the first appearance of a person in custody, the court determines the type of bond and conditions of release, which must be sufficient to reasonably ensure appearance and protect the safety of any person or the community, taking into consideration the person's financial condition. The court must presume all persons are eligible for release on bond with the appropriate and least-restrictive conditions; a monetary condition of release must be reasonable. If a court uses a bond schedule, it must consider individualized risk and circumstances and not solely the level of offense; courts use an empirically developed risk assessment instrument where available. Bond types range from an unsecured personal recognizance bond to secured bonds. For offenses punishable by fine only, any monetary condition may not exceed the maximum fine.
How do you get a public defender in Colorado?
The Colorado State Public Defender represents, without charge (except the processing fee), indigent persons charged with felonies, and indigent persons charged with misdemeanors that carry a possible sentence of incarceration, among others. The public defender makes the determination of indigency, subject to court review, under fiscal standards set by the Colorado Supreme Court. The person must submit an application signed under oath and under penalty of perjury; a copy goes to the prosecutor, who may request a hearing on eligibility. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if court-appointed counsel enters an appearance; the fee is assessed at sentencing or final disposition and may be waived if the court finds the person lacks the financial resources to pay. Juveniles and their parents or guardians do not pay the fee.
What is the age of consent in Colorado?
17 (with age-gap rules). Sexual assault includes sexual intrusion or penetration when, at the time of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim (a class 6 felony). Sexual assault on a child covers sexual contact with a victim less than fifteen years of age when the actor is at least four years older.
Is marijuana legal in Colorado?
Legal for adults. For persons 21 years of age or older, lawful acts include possessing, using, displaying, purchasing, or transporting up to one ounce of marijuana; growing no more than six plants in an enclosed and locked space, with three or fewer being mature, flowering plants; and transferring up to one ounce to another person 21 or older without remuneration; consumption may not be open, public, or endangering others. House Bill 21-1090 legalized possession of two ounces of marijuana or less. Possession of more than two ounces but not more than six ounces (or not more than three ounces of concentrate) is a level 2 drug misdemeanor; more than six ounces (or more than three ounces of concentrate) is a level 1 drug misdemeanor. Openly and publicly displaying, consuming or using two ounces or less is a drug petty offense punishable by a fine of up to one hundred dollars and up to twenty-four hours of community service. No more than twelve plants may be grown on a residential property unless local law allows more. Retail stores may not sell more than one ounce of retail marijuana in a single transaction.
Is assault a felony in Colorado?
The basic assault charge in Colorado is assault in the third degree: knowingly or recklessly causing bodily injury to another person, or with criminal negligence causing bodily injury with a deadly weapon. It is a class 1 misdemeanor (up to 364 days in jail and a fine up to $1,000). Assault in the second degree, generally a class 4 felony (two to six years), includes intentionally causing bodily injury with a deadly weapon, intending bodily injury but causing serious bodily injury, recklessly causing serious bodily injury with a deadly weapon, and choking or smothering that causes bodily injury. Assault in the first degree, generally a class 3 felony (four to twelve years), includes intentionally causing serious bodily injury with a deadly weapon and intentionally causing serious permanent disfigurement. Both felony degrees drop to a lower class when committed in a sudden heat of passion caused by serious provocation.
Is battery a felony in Colorado?
Colorado has no separate crime called battery. Causing bodily injury is charged as assault (most often assault in the third degree, a class 1 misdemeanor). Offensive touching without injury is covered by the harassment statute: striking, shoving, kicking or otherwise touching a person or subjecting them to physical contact with intent to harass, annoy or alarm is harassment. The harassment statute lists this physical-contact form (along with following someone in public, and any harassment motivated by bias) as a class 1 misdemeanor (up to 364 days in jail and a fine up to $1,000).
Is domestic violence a felony in Colorado?
Colorado does not have a separate domestic assault crime. Domestic violence is a designation added to any crime involving an act or threatened act of violence against a current or former spouse, a current or former unmarried partner, or a co-parent (and to crimes against property used to coerce, control, punish, intimidate or take revenge on such a person). The underlying crime keeps its own grade, but the court must order a domestic violence evaluation and treatment program, and the defendant must give up firearms and ammunition. Any misdemeanor that includes an act of domestic violence becomes a class 5 felony (one to three years) if the person has three or more prior domestic violence convictions from separate episodes (the habitual domestic violence offender rule). Choking or smothering that causes bodily injury is assault in the second degree, a felony.
What is the penalty for shoplifting in Colorado?
Colorado has no separate shoplifting crime; taking merchandise is charged as theft, graded by value. Theft of less than $300 is a petty offense (up to ten days in jail and a fine up to $300); $300 or more but less than $1,000 is a class 2 misdemeanor (up to 120 days and $750); and $1,000 or more but less than $2,000 is a class 1 misdemeanor (up to 364 days and $1,000). Thefts committed within six months may be added together and charged as one offense based on the total value. Willfully concealing unpurchased goods in a store is prima facie evidence of intent to commit theft. The theft statute contains no rule making a repeat low-value theft a felony because of prior convictions.
What is the difference between burglary and robbery in Colorado?
Second degree burglary is knowingly breaking into, entering unlawfully, or remaining unlawfully in a building or occupied structure with intent to commit a crime against a person or property; it is a class 3 felony (four to twelve years) for a dwelling or when the goal is stealing firearms or controlled substances, a class 4 felony for an occupied structure or business, a class 5 felony for other buildings, and a class 2 misdemeanor for entering a store in violation of a written no-entry notice or court order. First degree burglary, a class 3 felony, is burglary in which someone assaults or menaces a person, is armed with explosives, or uses or threatens to use a deadly weapon. Robbery is knowingly taking anything of value from the person or presence of another by force, threats or intimidation; it is a class 4 felony (two to six years). Aggravated robbery, a class 3 felony and an 'extraordinary risk' crime with a longer sentencing range, is robbery while armed with a deadly weapon (or a fake one, or claiming to be armed) or wounding or threatening someone with a deadly weapon.
Is vandalism a felony in Colorado?
Vandalism is called criminal mischief in Colorado: knowingly damaging the real or personal property of another person. It is graded by the total damage in a single criminal episode: less than $300 is a petty offense; $300 or more but less than $1,000 is a class 2 misdemeanor; $1,000 or more but less than $2,000 is a class 1 misdemeanor; $2,000 or more but less than $5,000 is a class 6 felony; $5,000 or more but less than $20,000 is a class 5 felony; $20,000 or more but less than $100,000 is a class 4 felony; $100,000 or more but less than one million dollars is a class 3 felony; and one million dollars or more is a class 2 felony.
Is trespassing a crime in Colorado?
Third degree criminal trespass, unlawfully entering or remaining on another's premises, is a petty offense (up to ten days and $300). Second degree criminal trespass, entering or remaining on fenced or enclosed premises or the common areas of a hotel, motel, condominium or apartment building, is also a petty offense, while unlawfully entering another person's motor vehicle is a class 2 misdemeanor. First degree criminal trespass, knowingly and unlawfully entering or remaining in another person's dwelling, is a class 1 misdemeanor, but a class 6 felony if the dwelling is inhabited or occupied; entering a vehicle with intent to commit a crime inside is a class 1 misdemeanor. Trespassing on agricultural land with intent to commit a felony there is a class 5 felony.
What are the penalties for drug possession in Colorado?
Possessing four grams or less of a Schedule I or II controlled substance (or any amount of a Schedule III, IV or V substance, with listed exceptions) is a level 1 drug misdemeanor: up to 180 days in jail (up to 364 days for a third or later offense) or probation up to two years, plus a fine up to $1,000; a fourth or later offense is a level 4 drug felony. Possessing more than four grams of a Schedule I or II substance, or any amount of flunitrazepam, ketamine, GHB or cathinones, is a level 4 drug felony (presumptive range six months to one year). For fentanyl and related opiates, possessing more than one gram but not more than four grams is a level 4 drug felony, and one gram or less is a level 1 drug misdemeanor. Possessing drug paraphernalia is a drug petty offense punishable by a fine of not more than $100.
Is a hit and run a felony in Colorado?
A driver in a crash that injures or kills anyone must immediately stop at or return to the scene and remain until giving name, address and vehicle registration, showing a license on request, and giving reasonable assistance to anyone injured. Leaving the scene of an injury crash is a class 1 misdemeanor traffic offense (ten days to one year in jail, a $300 to $1,000 fine, or both); a class 4 felony (two to six years) if anyone suffers serious bodily injury; and a class 3 felony (four to twelve years) if anyone dies. A conviction for leaving an injury or fatal crash brings mandatory driver's license revocation. Leaving the scene of a crash that damages only an attended vehicle is a class 2 misdemeanor traffic offense (ten to ninety days in jail, a $150 to $300 fine, or both).
Is reckless driving a crime in Colorado?
Reckless driving is driving a motor vehicle, bicycle, electric bike or scooter in a way that shows a wanton or willful disregard for the safety of persons or property. It is a class 2 misdemeanor traffic offense (ten to ninety days in jail, a $150 to $300 fine, or both). A second or later conviction is punishable by a fine of $50 to $1,000, ten days to six months in county jail, or both.
Is harassment a crime in Colorado?
Harassment is acting with intent to harass, annoy or alarm someone by, for example, physical contact, following them in public, directing obscene language or gestures at them in public, repeatedly calling or messaging them, communicating by phone, text, computer or other electronic means in a way meant to harass or threaten injury or property damage, or repeatedly taunting them in a way likely to provoke violence. Electronic, phone and repeated-communication harassment is a class 2 misdemeanor (up to 120 days, up to $750); obscene language or gestures in public is a petty offense; and physical-contact or following harassment, and any harassment motivated by race, religion, disability, sexual orientation or similar bias, is listed as a class 1 misdemeanor (up to 364 days, up to $1,000). Stalking (repeatedly following, contacting, watching or communicating with a person in connection with a credible threat, or in a way that causes serious emotional distress) is a class 5 felony for a first offense (one to three years). It is a class 4 felony (two to six years) for a repeat offense within seven years, or when a protection order, bond, probation or parole condition prohibited the conduct; stalking is also an 'extraordinary risk' crime with a longer sentencing range.
Is resisting arrest a felony in Colorado?
Resisting arrest is knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by any other means that creates a substantial risk of bodily injury; it is a class 2 misdemeanor (up to 120 days in jail and a fine up to $750). Willfully trying to elude a marked police car after a signal to stop is a class 2 misdemeanor traffic offense. Vehicular eluding, knowingly eluding a pursuing police vehicle while driving recklessly, is a class 5 felony (one to three years), a class 4 felony if it injures someone, and a class 3 felony if it kills someone.
What happens if you miss a court date in Colorado?
Colorado charges missing court while out on bond as violation of bail bond conditions. A person charged with a felony and released on bond who knowingly fails to appear in that felony case with intent to avoid prosecution commits a class 6 felony (1 year to 18 months). A person on bond for a felony or misdemeanor who intentionally fails to appear at a proceeding where victims or witnesses have appeared commits a class 2 misdemeanor (up to 120 days). Minimum jail terms (one year or six months) apply if the person was also convicted of intimidating, retaliating against or tampering with a victim or witness in the case, and a person on bond for a sex offense who violates bond is not eligible for probation. A bond-appearance violation may not be charged against a person covered by § 16-4-113(2).
What happens if you violate probation in Colorado?
The court that granted probation decides violations at a revocation hearing; there is no jury. The probationer is advised of the charges and possible penalties and pleads guilty or not guilty. The prosecution must prove a violation by a preponderance of the evidence, except that a new crime must be proved beyond a reasonable doubt unless the person has already been convicted of it; failure to pay fees, costs or restitution is prima facie evidence of a violation, and hearsay may be received if the person can rebut it. A probationer in custody must get a hearing within 14 days after the complaint is filed unless delayed for good cause. Within seven days after finding a violation the court must revoke or continue probation; if it revokes, it may impose any sentence or probation that could originally have been imposed.
Is obstruction of justice a felony in Colorado?
Obstructing government operations (intentionally hindering a public servant's governmental function by violence, force, physical interference or an obstacle) is a class 2 misdemeanor; obstructing an arrest is a defense to this charge. Obstructing a peace officer, firefighter, emergency medical provider, rescue specialist or volunteer by violence, force, interference or an obstacle is also a class 2 misdemeanor; merely remaining silent or verbally objecting to an order is not enough. Tampering with a witness or victim (trying without bribery or threats to get them to testify falsely, withhold testimony or skip a proceeding) is a class 4 felony, and intimidating a witness or victim by threats, harassment or harm is also a class 4 felony.
Is perjury a felony in Colorado?
Perjury in the first degree (knowingly making a materially false statement under oath in an official proceeding) is a class 4 felony, punishable by 2 to 6 years and a fine of $2,000 to $500,000. Perjury in the second degree (a materially false sworn statement outside an official proceeding, meant to mislead a public servant) is a class 2 misdemeanor (up to 120 days). False swearing (any other materially false sworn statement) is a petty offense. Not knowing the statement was material is no defense to first-degree perjury.
Is public intoxication a crime in Colorado?
Being drunk in public is not a state crime in Colorado, and local governments may not adopt or enforce any law that makes drinking, having an alcohol use disorder, or being found intoxicated an element of an offense with a criminal or civil penalty. State policy is that intoxicated persons should be afforded treatment. Laws against drunk driving and rules on where, when and by whom alcohol or drugs may be possessed or used are not affected, and being intoxicated does not prevent arrest or prosecution for other criminal conduct.
What is a disorderly conduct charge in Colorado?
Disorderly conduct covers intentionally, knowingly or recklessly: making a coarse and obviously offensive utterance, gesture or display in public that tends to incite an immediate breach of the peace; making unreasonable noise in public or near someone else's home; fighting in public (outside a sports contest); a non-officer firing a gun in public (except lawful target practice, hunting or veterans' funeral salutes); or displaying a real or fake gun, or claiming to be armed, in a public place in a way meant to alarm and that does alarm. Offensive gestures, noise and fighting are petty offenses (up to 10 days and $300), but disrupting a funeral this way is a class 2 misdemeanor; displaying a gun is a class 2 misdemeanor and firing one in public is a class 1 misdemeanor (up to 364 days).
What is the penalty for indecent exposure in Colorado?
Indecent exposure is knowingly exposing one's genitals to someone, or masturbating in their view, in circumstances likely to cause affront or alarm (for genital exposure, with intent to arouse or satisfy sexual desire). It is a class 1 misdemeanor (up to 364 days). It is a class 6 felony after two prior convictions, or when the offender knew a child under 15 could see the act and the offender is over 18 and more than four years older than the child. Indecent exposure is 'unlawful sexual behavior' under the sex-offender registration law, so a conviction generally requires registration.
Is prostitution illegal in Colorado?
Prostitution (performing or offering or agreeing to perform a sex act with someone other than a spouse for money or anything of value) is a petty offense in Colorado (up to 10 days and $300). Buying sex is also a petty offense: soliciting for prostitution and patronizing a prostitute, and a court may add a fine of up to $5,000 that goes to a prostitution enforcement fund. Pandering by menacing or intimidation is a class 5 felony. Being a victim of human trafficking is an affirmative defense to a prostitution charge for offenses on or after July 1, 2015. Colorado has no legal prostitution.
Is gambling legal in Colorado?
Colorado's gambling crimes do not cover acts expressly authorized by law, bona fide contests of skill, social games between individuals, crane games, or sports betting conducted under part 15 of article 30 of title 44 and the rules of the limited gaming control commission; the state lottery is authorized under article 40 of title 44. Otherwise, a person who gambles commits a petty offense, and professional gambling (helping others gamble for profit, or playing with an unfair advantage) is a class 2 misdemeanor. Gambling devices, records and proceeds may be seized and forfeited.
Is embezzlement a felony in Colorado?
Colorado charges embezzlement as theft: knowingly obtaining, retaining or exercising control over anything of value of another without authorization or by deception, with intent to permanently deprive. The grade depends on value: under $300 is a petty offense; $300 to under $1,000 a class 2 misdemeanor; $1,000 to under $2,000 a class 1 misdemeanor; $2,000 to under $5,000 a class 6 felony; $5,000 to under $20,000 a class 5 felony; $20,000 to under $100,000 a class 4 felony; $100,000 to under $1 million a class 3 felony; $1 million or more a class 2 felony. Thefts within six months may be combined.
Is identity theft a felony in Colorado?
Identity theft by knowingly using another person's identifying information or financial device without permission to obtain money, credit, property or services, or by forging an instrument or financial device containing that information, is a class 4 felony (2 to 6 years). Possessing another's information or device intending to use it, or using it to apply for credit or a government document, is a class 2 misdemeanor, but a class 5 felony if it involves three or more devices or three or more people's information. Criminal possession of a lost or stolen financial device (such as a credit card) is a class 2 misdemeanor, or a class 5 felony for three or more devices issued to at least two account holders.
Is forgery a felony in Colorado?
Forgery (with intent to defraud, falsely making, completing, altering or passing a government security or money, stock, deed, will, contract, commercial instrument, public record, official document, lottery ticket or similar item) is a class 5 felony (1 to 3 years). Forging any other kind of written instrument is second degree forgery, a class 2 misdemeanor. Knowingly possessing a forged instrument of the felony kind with intent to defraud is a class 6 felony. Writing a bad check (fraud by check) is graded by amount: under $300 a petty offense; $300-$999 a class 2 misdemeanor; $1,000-$1,999 a class 1 misdemeanor; $2,000-$4,999 a class 6 felony; $5,000-$19,999 a class 5 felony; $20,000 or more, at least a class 4 felony.
Is blackmail illegal in Colorado?
Blackmail is criminal extortion in Colorado: without legal authority, making a substantial threat to confine, restrain, cause economic hardship or bodily injury, or damage someone's property or reputation, by an unlawful act or by invoking action by a third party (such as the government), to force them to act or not act; threatening to report someone's immigration status to get money or compel action also counts. Criminal extortion is a class 4 felony (2 to 6 years). Aggravated criminal extortion, using threats of chemical, biological or radioactive agents, weapons or poison, is a class 3 felony (4 to 12 years).
What is the difference between first and second degree murder in Colorado?
First-degree murder — killing after deliberation with intent to kill, killing through conduct showing 'universal malice' and extreme indifference to human life, causing an execution through perjury, a death from selling drugs to a minor on school grounds, or knowingly killing a child under 12 while in a position of trust — is a class 1 felony punished by life imprisonment. Second-degree murder — knowingly causing a death, or a death caused by any participant during felony arson, robbery, burglary, kidnapping, sexual assault or escape (felony murder) — is a class 2 felony and must be sentenced as a crime of violence: at least the midpoint of, and up to twice the maximum of, the class 2 presumptive range of 8 to 24 years. A second-degree murder committed in a sudden heat of passion caused by the victim's serious provocation is a class 3 felony (presumptive range 4 to 12 years).
What is the sentence for manslaughter in Colorado?
Manslaughter — recklessly causing a death, or intentionally causing or helping another person to commit suicide — is a class 4 felony (presumptive range 2 to 6 years). Criminally negligent homicide is a class 5 felony (1 to 3 years). Vehicular homicide — causing a death by driving recklessly, or while impaired (DWAI), is a class 4 felony; causing a death while driving under the influence (DUI) is a class 3 felony (4 to 12 years) and is a strict-liability crime.
Is child endangerment a felony in Colorado?
Colorado's main offense is child abuse: causing an injury to a child's life or health, or permitting a child to be unreasonably placed in a situation that threatens the child's life or health. With no injury, it is a class 2 misdemeanor (up to 120 days and $750), but a class 5 felony under certain aggravating circumstances (for example, in connection with drug manufacturing). Knowing or reckless abuse causing injury is a class 1 misdemeanor; causing serious bodily injury is a class 3 felony (class 4 if criminally negligent); causing death is a class 2 felony (class 3 if criminally negligent). Contributing to the delinquency of a minor — inducing or encouraging a child under 18 to break the law — is a class 4 felony when the underlying crime is a felony covered by the victim-rights law and otherwise a class 1 misdemeanor (up to 364 days and $1,000).
Is arson a felony in Colorado?
First-degree arson — knowingly setting fire to or using explosives to damage another's building or occupied structure without consent — is a class 3 felony for an occupied structure and a class 4 felony for a building (sentenced as a crime of violence if explosives are used). Second-degree arson (other property of another) and fourth-degree arson (knowingly or recklessly starting a fire that endangers people or property) are graded by value, from a petty offense under $300 up to a class 2 felony at $1 million or more; fourth-degree arson that endangers a person is a class 4 felony. Third-degree arson — damaging any property by fire or explosives to defraud (such as insurance fraud) — is a class 5 felony. A controlled agricultural burn done with reasonable caution and harming no one is not arson.
Is animal cruelty a felony in Colorado?
Cruelty to animals — knowingly, recklessly or negligently tormenting, beating, starving, neglecting, abandoning or otherwise mistreating an animal, or recklessly or negligently torturing, mutilating or needlessly killing one — is a class 1 misdemeanor (up to 364 days and $1,000), with a $500 mandatory minimum fine; a second or later conviction is a class 6 felony with 90 days in jail or home detention required if probation is granted. Aggravated cruelty — knowingly torturing, needlessly mutilating or needlessly killing an animal, or knowingly killing a police animal — is a class 4 felony (2 to 6 years). The court must order an evaluation before sentencing and may require treatment, and for any felony cruelty conviction must bar the offender from owning, possessing or caring for a pet animal for 3 to 5 years unless the treatment provider recommends otherwise.
Is revenge porn illegal in Colorado?
Yes. An adult who posts or distributes on social media or a website an intimate image (real or simulated, including digitally altered) of an identifiable adult, intending to harass, intimidate or coerce, without consent or when the person reasonably expected it to stay private, and causing serious emotional distress, commits posting a private image for harassment, a class 1 misdemeanor plus a mandatory fine of up to $10,000. Posting such an image to make money (for example, charging for removal) is posting a private image for pecuniary gain, also a class 1 misdemeanor with a fine of up to $10,000. The depicted person keeps a protectable right of authorship over commercial use of the image.
Is cyberbullying a crime in Colorado?
Colorado's harassment law includes electronic harassment ('Kiana Arellano's Law'): with intent to harass, annoy or alarm, initiating communication or directing language at someone by phone, text, instant message, computer or other electronic medium in a way meant to harass or threaten bodily injury or property damage, or making obscene comments electronically. This is a class 2 misdemeanor (up to 120 days and $750), and a class 1 misdemeanor if motivated by the victim's race, religion, disability, sexual orientation or other listed traits. It applies to victims of any age and may be prosecuted where the message was sent or received.
What are the sexting laws for minors in Colorado?
Colorado has separate juvenile offenses. A juvenile who sends or posts a sexually explicit image of another person (age 14 or older, or less than four years younger) without permission or when the person expected privacy, or sends an unsolicited explicit image of himself or herself that causes distress, commits posting a private image by a juvenile, a class 2 misdemeanor (class 1 if done to coerce or distress, after a prior diversion or adjudication, or involving three or more people). Possessing such an image without the depicted person's permission is a petty offense, unless the juvenile deleted it or reported it within 72 hours. Consensual exchange of self-images between juveniles is a civil infraction punished by an education program or a fine of up to $50, with no arrest warrant or jail. Being coerced is an affirmative defense.
Is money laundering a felony in Colorado?
Money laundering — conducting a financial transaction with money the person knows or believes are criminal proceeds, or moving money or monetary instruments, to promote a crime, to conceal the source, ownership or control of the proceeds, or to avoid a federal reporting requirement — is a class 3 felony (presumptive range 4 to 12 years, fine $3,000 to $750,000). The statute does not grade the offense by dollar amount.
What are the human trafficking laws in Colorado?
Human trafficking for involuntary servitude (labor) and human trafficking for sexual servitude — knowingly recruiting, transporting, harboring or obtaining a person to coerce them into labor or commercial sexual activity — are class 3 felonies (4 to 12 years). Trafficking a minor for either purpose is a class 2 felony (8 to 24 years); for sexual servitude of a minor the court must impose at least the minimum of the class 2 range in prison, and the minor's consent or a mistake about age is no defense. A trafficking victim who was forced to take part has an affirmative defense.
Is jaywalking illegal in Colorado?
A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk; and diagonal crossing of an intersection is not allowed unless signals or signs permit it. This is a class B traffic infraction — a civil matter, with no license points — and the statutory penalty is $15 plus a $6 surcharge. Pedestrians must obey 'Walk/Don't Walk' signals and may not suddenly step into the path of a close vehicle (class A traffic infraction, $15 to $30), and drivers must yield to pedestrians in crosswalks without working signals.
What is the open container law in Colorado?
Anyone in the passenger area of a motor vehicle — driver or passenger — on a public highway or its right-of-way may not knowingly drink alcohol or possess an open alcoholic beverage container; the passenger area includes the glove compartment and anything within reach of a seated person. Exceptions cover back-seat passengers in vehicles for hire (taxis, limousines, buses), passengers in the living quarters of a motor home or camper, and containers behind the last upright seat or in an unoccupied area of a vehicle without a trunk. A violation is a class A traffic infraction with a $50 fine and a $16 surcharge; cities may adopt rules that are no less strict.
What happens if you are caught drinking under 21 in Colorado?
A person under 21 who possesses or drinks alcohol anywhere in Colorado commits illegal possession or consumption of ethyl alcohol by an underage person, a strict-liability unclassified petty offense. A first offense brings a fine of up to $100, a substance-abuse education program, or both; a second, a fine of up to $100 plus required education, assessment and treatment if needed, and up to 24 hours of public service; a third or later, a fine of up to $250, required assessment and treatment, and up to 36 hours of public service, plus a $25 surcharge. Prosecutors are encouraged to offer diversion.
What happens if you drive on a suspended license in Colorado?
Knowingly driving while your license is suspended, revoked or denied for a reason other than a DUI, DWAI or similar alcohol offense (or for an outstanding judgment) is a class A traffic infraction with a $100 penalty and $15 surcharge; a second conviction within 5 years makes the driver ineligible for a license for 3 years. Driving while restrained because of a DUI, DWAI, underage drinking-and-driving conviction or an alcohol-related revocation is a class 2 misdemeanor traffic offense (10 to 90 days in jail and/or a $150 to $300 fine); a second or later conviction carries a $500 to $3,000 fine and, within 5 years, a 4-year license ineligibility. The state also adds one year before a new license can be issued.
What is the penalty for driving without a license in Colorado?
Driving on a Colorado highway without ever having been issued a valid license or permit (or driving a vehicle class you are not licensed for) is a class A traffic infraction with a $35 penalty and $10 surcharge; a second or later conviction without getting a valid license adds 6 points to the driver's record. Driving with a license expired one year or less, or failing to have your license in your immediate possession, is a class B traffic infraction ($15 plus $6 surcharge), and the charge is dismissed if you show the court a valid license.
What knives are legal to carry in Colorado?
Ballistic knives (spring- or explosive-propelled blades) are illegal weapons; knowingly possessing one is a class 1 misdemeanor. Colorado's weapons statutes do not list switchblades or gravity knives as illegal weapons. Knowingly carrying a concealed 'knife' — a dagger, dirk, knife or stiletto with a blade over 3.5 inches, or similar dangerous cutting instrument, but not a hunting or fishing knife carried for sport — is a class 1 misdemeanor, except in your home, business or property, or in a private vehicle while traveling for lawful protection. Carrying a non-firearm deadly weapon, including a knife, on the grounds of any school, college or university is a class 6 felony, with exceptions for authorized school activities.
Are fireworks legal in Colorado?
Only 'permissible fireworks' are legal for the public: fountains, wheels, ground spinners, torches, sparklers, snakes, small noise novelties and ground-based multi-tube devices whose sparks rise no more than 15 feet; aerial devices and audible ground devices such as firecrackers are not permissible. Possessing or discharging other fireworks without a display permit is illegal. No one may sell or give fireworks to anyone under 16, and people under 16 may not buy them, though they may use permissible fireworks under adult supervision. Cities and counties may further restrict or ban the sale, use and possession of fireworks. A violation is a petty offense (fine up to $300 and/or up to 10 days in jail).
Is kidnapping a felony in Colorado?
First-degree kidnapping is seizing, luring or imprisoning someone to force a concession or ransom for their release. It is a class 1 felony (life) if the victim suffered bodily injury, and a class 2 felony (8 to 24 years) if the victim was freed unharmed before conviction. Second-degree kidnapping (knowingly moving someone without consent in a way that increases their risk of harm, or taking a child to hide from a parent or to sell) is a class 4 felony (2 to 6 years); it is a class 3 felony (4 to 12 years) if done to sell the victim or with a real or claimed deadly weapon, and a class 2 felony if the victim was also sexually assaulted or robbed or if it involved a child. False imprisonment (knowingly confining someone without consent or legal authority) is a class 2 misdemeanor (up to 120 days), but a class 5 felony (1 to 3 years) if force or threats are used and the confinement lasts 12 hours or more, or for certain cruel confinement of children.
Is making a threat a crime in Colorado?
Threatening to hurt someone is mainly charged as menacing: knowingly placing or trying to place another person in fear of imminent serious bodily injury by a threat or physical action. Menacing is a class 1 misdemeanor (up to 364 days), and a class 5 felony (1 to 3 years) if done with a real or fake firearm, knife or bludgeon. Threatening injury, confinement, property damage or economic harm to force someone to act is criminal extortion, a class 4 felony (2 to 6 years), or a class 3 felony if chemical, biological or radioactive agents, weapons or poison are threatened.
Is stealing a car a felony in Colorado?
Colorado has a separate motor vehicle theft offense in three degrees. Third degree (knowingly taking or controlling another person's vehicle, or receiving one from a non-owner, knowing or reasonably should know it is unauthorized) is a class 5 felony (1 to 3 years). Second degree applies when the thief keeps it more than 24 hours, disguises it or alters the VIN, takes it out of state, puts on false plates, causes $1,000 or more in damage or injures someone, uses it in another crime, or it bore a disability plate; it is a class 4 felony (2 to 6 years). First degree (with two prior auto-theft or unauthorized-use convictions) is a class 3 felony (4 to 12 years). Joyriding, called unauthorized use of a motor vehicle (the car is returned or recovered undamaged within 24 hours and no other crime is committed), is a class 1 misdemeanor, and a class 5 felony for a second or later offense.
Is receiving stolen property a felony in Colorado?
Colorado no longer has a separate theft-by-receiving offense; receiving, pawning or getting rid of property a person knows or believes was stolen is charged as theft and graded by value: under $300 a petty offense, $300 to under $1,000 a class 2 misdemeanor, $1,000 to under $2,000 a class 1 misdemeanor, $2,000 to under $5,000 a class 6 felony, $5,000 to under $20,000 a class 5 felony, $20,000 to under $100,000 a class 4 felony, $100,000 to under $1 million a class 3 felony, and $1 million or more a class 2 felony. Thefts within six months, or against the same person in one scheme, can be added together.
What counts as drug trafficking in Colorado?
Selling, distributing, manufacturing or possessing with intent to sell a controlled substance is graded by drug and weight into drug felony levels. Level 1 (more than 225 grams of a Schedule I or II drug, more than 112 grams of methamphetamine or heroin, more than 50 grams of fentanyl or its analogs, or any Schedule I or II sale by an adult to a minor at least two years younger) carries 8 to 32 years and is subject to mandatory sentencing. Level 2 (more than 14 up to 225 grams of Schedule I or II, more than 7 up to 112 grams of methamphetamine or heroin, more than 4 up to 50 grams of fentanyl) carries 4 to 8 years (up to 16 aggravated). Smaller amounts are a level 3 drug felony (2 to 4 years, up to 6 aggravated), and a level 1 drug felony also applies if a fentanyl sale causes a user's death. Sales within six months may be aggregated.
Is prescription fraud a felony in Colorado?
Getting a controlled substance or its administration by fraud, deceit, misrepresentation or subterfuge, by forging or altering an order, by hiding a material fact, or by using a false name or address is a level 4 drug felony (6 months to 1 year presumptive, up to 2 years aggravated). The same applies to making or passing a false or forged order (prescription), falsely claiming to be a practitioner or manufacturer to get controlled substances, and putting a forged label on a drug package. Information given to a doctor to get drugs for non-medical purposes is not privileged.
What is vehicular assault in Colorado?
Vehicular assault is causing serious bodily injury to another person by driving a motor vehicle recklessly, or while under the influence of alcohol or drugs, or while impaired by them. Driving under the influence and causing serious injury is a strict-liability class 4 felony (2 to 6 years). Reckless driving that causes serious injury, or driving while ability-impaired that causes serious injury, is a class 5 felony (1 to 3 years).
Is street racing a crime in Colorado?
Knowingly taking part in a speed contest (racing or time trials on a highway) is a class 1 misdemeanor traffic offense, and a speed exhibition (such as burnouts, rapid acceleration, weaving or leaving tire marks to show off speed or power) is a class 2 misdemeanor traffic offense. Blocking a road to help a race or exhibition is charged as the offense the person aided. On a second conviction the court may order the vehicle immobilized for up to 14 days, and on a third or later conviction for more than 14 up to 30 days, in addition to any impound before sentencing. Organized events on authorized tracks are exempt.
What is the penalty for boating under the influence in Colorado?
Operating or being in actual physical control of a motorized, wind-powered or flying vessel while under the influence of alcohol or drugs, or with a blood or breath alcohol level of 0.08 or more within two hours of operating, is a misdemeanor. A first conviction carries 5 days to 1 year in county jail (the minimum is mandatory, with limited exceptions), a possible fine of $600 to $1,000, and 48 to 96 hours of public service. A later conviction carries 60 days to 1 year. Knowingly letting an impaired person operate one's vessel is a class 2 misdemeanor.
Is insurance fraud a felony in Colorado?
Insurance fraud is presenting, with intent to defraud, a claim or supporting statement containing false material information or leaving out requested information, staging or faking a vehicle collision for a claim, claiming a loss outside the coverage period, or faking proof of insurance; these are a class 6 felony (1 year to 18 months). Lying on an application that results in a policy being issued is a class 2 misdemeanor (up to 120 days). Knowingly diverting or misappropriating premium funds is a class 5 felony (1 to 3 years). The insurance commissioner must revoke the license of any insurance producer convicted under this section.
What happens if you commit welfare or unemployment fraud in Colorado?
Getting public assistance, medical assistance or child care assistance one is not entitled to (or more than one is entitled to) by a willfully false statement, impersonation or other fraud is charged as theft and graded by value under the general theft tiers (for example, $2,000 to under $5,000 is a class 6 felony). The person is also disqualified from the program for 1 year for a first offense, 2 years for a second and permanently for a third. Knowingly failing to report increased income or property within 30 days is a petty offense. Unemployment fraud (knowingly lying or hiding a material fact to get or increase benefits) is a class 2 misdemeanor (up to 120 days).
Is bribery a felony in Colorado?
Bribery (offering or giving any money or other financial benefit to a public servant to influence their vote, judgment or official action, or a public servant asking for or accepting one) is a class 3 felony (4 to 12 years). It is no defense that the official had not yet taken office or lacked jurisdiction. Paying or accepting compensation for past official favors is a class 4 felony (2 to 6 years). Commercial bribery (an employee, fiduciary, professional adviser, arbitrator or similar person accepting a benefit to violate a duty of loyalty, or someone offering it) is a class 6 felony (1 year to 18 months).
What are the penalties for tax evasion in Colorado?
Willfully attempting to evade or defeat a tax administered by the Department of Revenue is a class 6 felony, punished as a felony or by a fine of up to $100,000 ($500,000 for a corporation), or both, plus costs. Willfully failing to collect, account for or pay over a tax (including a false refund claim), or willfully signing a false return under penalty of perjury, is a class 5 felony with the same fine limits. Willfully failing to pay a tax, file a return, keep records or supply information is a misdemeanor punished by a fine of up to $50,000 ($100,000 for a corporation), up to 1 year, or both.
What are the penalties for sexual assault in Colorado?
Sexual assault (knowingly inflicting sexual intrusion or penetration on a victim who does not consent, cannot understand the conduct, is physically helpless, or in other listed situations such as abuse of custodial authority or a sham medical exam) is a class 4 felony (2 to 6 years presumptive). It is a class 3 felony (4 to 12 years) when the actor uses physical force, threats of death, serious injury or kidnapping, threats of future retaliation, or drugs the victim to cause submission, or when the victim is physically helpless. It is a class 2 felony (8 to 24 years) when the actor is aided by others, the victim suffers serious bodily injury, or the actor is armed with a deadly weapon. Felony sex offenders are sentenced under the Lifetime Supervision Act to an indeterminate prison term of at least the bottom of the presumptive range (or its midpoint for a crime of violence) up to natural life. Age-based offenses are covered on the age-of-consent page.
What are the penalties for child molestation in Colorado?
Sexual assault on a child (knowingly subjecting a child under 15 to sexual contact when the actor is at least four years older) is a class 4 felony, raised to a class 3 felony if the actor uses force or threats or it is part of a pattern of sexual abuse. Sexual assault on a child by one in a position of trust applies to victims under 18: a class 3 felony if the child is under 15 or there is a pattern of abuse, otherwise a class 4 felony. These are sex offenses under the Lifetime Supervision Act, so a prison sentence is indeterminate, with a minimum based on the presumptive range and a maximum of natural life. Sexual intrusion or penetration of a child under 15 by someone at least four years older is sexual assault under § 18-3-402.
What are the child pornography laws in Colorado?
Colorado calls this sexual exploitation of a child (a child is anyone under 18). Producing such material, causing a child to take part, or publishing, selling, distributing or making it accessible to others (including online), or possessing it with intent to distribute, is a class 3 felony (4 to 12 years). Accessing with intent to view, viewing or possessing it is a class 5 felony (1 to 3 years) for each item, raised to a class 4 felony for a second offense or if the item is a video. Higher 'extraordinary risk' ranges apply if the material shows a child under 12, physical force, or sexual intercourse, intrusion or sadomasochism. A juvenile whose conduct only involves the separate offenses of possessing or exchanging a private image of a peer is not prosecuted under this section.
Is online solicitation of a minor a felony in Colorado?
Internet luring of a child (communicating by computer, phone, text or instant message with someone the actor knows or believes is under 15, describing explicit sexual conduct and inviting the person to meet, when the actor is more than four years older) is a class 5 felony (1 to 3 years), or a class 4 felony (2 to 6 years) if the intent is to meet for sexual contact or sexual exploitation. It is no defense that no meeting took place. Internet sexual exploitation of a child (enticing someone believed to be under 15 and at least four years younger to expose or touch intimate parts, or to watch the actor's, over an electronic connection) is a class 4 felony.
What happens if you fail to register as a sex offender in Colorado?
People convicted of unlawful sexual behavior must register with local law enforcement in each place they live, within five business days after release or after being told of the duty. The duty continues until a court grants a petition to end it: 20 years after release for class 1-3 felony offenses, 10 years for class 4-6 felonies and unlawful sexual contact, and 5 years for other misdemeanors, if there is no new sex offense; juveniles and people on a completed deferred judgment can petition sooner. Sexually violent predators, adults convicted of sexual assault, sexual assault on a child (including by one in a position of trust), incest or aggravated incest, and adults with more than one sex conviction must register for life. Failing to register is a class 6 felony when the underlying offense was a felony (class 5 for a second or later failure) and a class 1 misdemeanor when it was a misdemeanor.
Can a felon own a gun in Colorado?
Possession of a weapon by a previous offender (knowingly possessing, using or carrying a firearm or other covered weapon after a felony conviction, or after an attempt or conspiracy to commit a felony, under Colorado, other-state or federal law) is a class 5 felony (1 to 3 years). A person who used or threatened to use the gun in another crime cannot get probation and must go to prison. For juveniles, the ban applies after a felony adjudication for 10 years from completion of the sentence, and a person who has completed the sentence may ask a court to lift it for good cause.
Is hacking a crime in Colorado?
Colorado calls hacking 'cybercrime': knowingly accessing or using a computer system without authorization or beyond it, accessing one to defraud or steal, damaging or disrupting a system, or transmitting code meant to cause damage. Simple unauthorized access is a class 2 misdemeanor; otherwise the grade follows the loss or damage, from a petty offense (under $300) and misdemeanors up to $2,000, to a class 6 felony ($2,000-$5,000), class 5 ($5,000-$20,000), class 4 ($20,000-$100,000), class 3 ($100,000-$1 million) and class 2 felony ($1 million or more). Using a computer to arrange child prostitution or skimming or re-encoding payment cards is a class 5 felony, and using ticket bots to get around purchase limits is a class 2 misdemeanor per ticket.
Is Colorado a one-party consent state?
Colorado is a one-party consent state. Wiretapping (recording or listening to a phone or electronic communication by someone who is not a sender or receiver, without the consent of either a sender or a receiver) is a class 2 misdemeanor. Eavesdropping (a person not visibly present who overhears or records a conversation without the consent of at least one of the principal parties) is also a class 2 misdemeanor (up to 120 days and $750). Using or disclosing illegally obtained contents is part of each offense.
Is filing a false police report a crime in Colorado?
False reporting to authorities (knowingly reporting to police a crime or incident that did not happen, giving false information about an offense, or setting off a false fire or emergency alarm) is a class 2 misdemeanor. False reporting of an emergency, which includes a false report of an imminent threat involving a deadly weapon (often called swatting), is a class 2 misdemeanor, a class 1 misdemeanor if it causes an evacuation, lockdown or disruption or the response injures someone, a class 4 felony if the response causes serious bodily injury, and a class 3 felony if it causes a death. The court must also order restitution for the cost of the emergency response.
Does Colorado have a hate crime law?
Yes. A bias-motivated crime is committed when, intending to intimidate or harass someone at least partly because of the person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation or transgender identity, a person knowingly causes bodily injury, places the person in fear of imminent lawless action, or damages the person's property. Causing bodily injury is a class 5 felony (class 4 if aided by others); threats or property damage are a class 1 misdemeanor. For a first-time offender the court must consider community service and, if the victim asks, restorative justice in addition to the sentence.
What happens if you violate parole in Colorado?
When a parolee is arrested for a violation, the community parole officer has 10 working days to either file a revocation complaint with the State Board of Parole or release the parolee, and the final hearing generally must be held within 30 days of arrest. The division of adult parole must prove a violation by a preponderance of the evidence, but a new crime must be proven beyond a reasonable doubt unless the parolee was convicted of it. Within five working days the board must revoke parole, continue it, or modify the conditions. The board may revoke for up to the rest of the parole period for a new crime or for serious violations (such as weapon possession, absconding, refusing sex offender treatment or contacting a victim), while for technical violations by people on parole for lower-level nonviolent offenses the board may order treatment as a condition of parole.
What happens if you violate a restraining order in Colorado?
Violating a protection order (contacting, harassing, threatening or approaching the protected person or place, or other prohibited acts, after being served with the order or learning its contents) is a class 2 misdemeanor (up to 120 days). It is a class 1 misdemeanor (up to 364 days) if the person has a prior conviction for violating a protection order, if the order was a mandatory criminal protection order, or if the order was based on stalking or the parties were in an intimate relationship. Any sentence runs consecutively to the sentence for the crime that led to the order, and police must arrest (or seek a warrant) when they have probable cause of a violation.
When can a juvenile be tried as an adult in Colorado?
Colorado allows both direct filing and judicial transfer. The district attorney may file directly in adult (district) court only if the juvenile was 16 or older and is accused of a class 1 or 2 felony, a sexual assault that is a crime of violence or is aggravated, or another crime of violence or sexual assault with a prior felony adjudication, or was previously prosecuted in district court; the juvenile may ask for a reverse transfer to juvenile court. A juvenile court may transfer a juvenile 12 or 13 accused of a class 1 or 2 felony or crime of violence, or a juvenile 14 or older accused of any felony, after a hearing finding that keeping the case would be contrary to the juvenile's or public's best interests. A transferred juvenile may be sentenced as an adult or to the youthful offender system.
Does Colorado have the death penalty?
Colorado has abolished the death penalty for offenses charged on or after July 1, 2020: for those cases death is not a sentencing option for a class 1 felony, which is punished by life imprisonment. The repeal does not commute or alter sentences for offenses charged before July 1, 2020, and any death sentence in effect on that date remains valid; the older capital sentencing procedure still covers class 1 felonies charged before that date.
Can felons vote in Colorado?
In Colorado a person cannot register or vote only while serving a sentence of detention or confinement in a correctional facility, jail or other location for a felony conviction. People on parole are eligible to register and vote, as are people on probation and people jailed while awaiting trial or not serving a felony sentence; a confined prisoner who is not serving a felony sentence may register and list the facility as a ballot address.
How do you restore your rights after a felony in Colorado?
Colorado restores voting automatically: the bar on registering and voting ends when a person is no longer serving a sentence of detention or confinement for a felony, so a person can vote while on parole. Firearm rights are not restored the same way: possessing a firearm after any felony conviction is the crime of possession of a weapon by a previous offender (a class 5 felony), and for juvenile felony adjudications the ban lasts 10 years after the sentence is completed, after which the person may ask a court to lift it for good cause. The habitual criminal statute notes the governor may issue a pardon or clemency order case by case.
Does Colorado have a three strikes law?
Colorado's habitual criminal law has three tiers. A person convicted of a class 1 or 2 felony, a level 1 drug felony or a class 3 felony crime of violence who has two prior convictions for such offenses gets life imprisonment with no parole for at least 40 years. A person convicted of a class 1 to 5 felony or level 1 to 3 drug felony who has two prior felony convictions within 10 years gets three times the maximum of the presumptive range for that class (48 years for a level 1 drug felony). A person convicted of any felony with three prior felony convictions gets four times the maximum of the presumptive range (64 years for a level 1 drug felony). Prior convictions must come from separately brought and tried cases arising from separate criminal episodes, and some level 4 drug possession felonies are excluded.
Is delta-8 legal in Colorado?
Colorado bans intoxicating hemp products. Delta-8, delta-9, delta-10 and other THC isomers, THC esters, hydrogenated forms (such as HHC) and synthetic THC are 'intoxicating cannabinoids' when they exceed limits set by rule (or in any amount if no rule sets one). Since SB 23-271 (effective June 7, 2023), no one may manufacture, produce or distribute an intoxicating cannabinoid in Colorado as a hemp product or ingredient, except safe-harbor products made for export, or market a hemp product as containing THC. Hemp products with more than 1.25 mg of THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to anyone under 21 or in packages of more than five servings. Violations bring civil penalties of up to $10,000 per day per violation. Bills to change this in 2025 (SB 25-076) and 2026 (SB 26-161, and SB 26-164 on hemp THC beverages) did not pass.
Are magic mushrooms legal in Colorado?
Colorado's Natural Medicine Health Act (Proposition 122, effective December 27, 2022) allows adults 21 and older to possess, consume, share without payment, cultivate and make psilocybin and psilocin (and DMT, mescaline other than peyote, and ibogaine) for personal use, and creates state-licensed healing centers where licensed facilitators supervise natural medicine services. Selling natural medicine outside the licensed program, giving it to anyone under 21 or using it commercially remains illegal. A person under 21 who possesses or consumes it commits a drug petty offense (fine up to $100 or up to four hours of substance use education or counseling), and public display or consumption is a drug petty offense (fine up to $100 and up to 24 hours of public service). Psilocybin and psilocyn are still listed in Schedule I. Later laws let the governor pardon a class of people convicted of possessing natural medicine (SB 25-297, signed June 3, 2025), legalize an FDA-approved crystalline polymorph psilocybin medicine once approved (HB 25-1063, signed March 31, 2025), and create an ibogaine research pilot program (HB 26-1325, signed June 4, 2026).
Is kratom legal in Colorado?
Kratom is legal but regulated in Colorado. Under the 'Daniel Bregger Act' (SB 25-072, effective on signature May 29, 2025), it is a deceptive trade practice under the Colorado Consumer Protection Act to knowingly prepare, distribute, advertise or sell a kratom product to anyone under 21, or one that is adulterated (with fentanyl, another controlled substance, or synthesized or semi-synthesized alkaloids), that has 7-hydroxymitragynine above 2% of the alkaloid composition, that is a confection or candy-like or appeals to children, or that is combustible or meant for vaping; products must carry labels listing the maker, ingredients, warnings (including against use under 21), serving directions and the mitragynine and 7-hydroxymitragynine content per serving; and kratom may not be displayed where people under 21 can reach it. Separately, selling or giving kratom to someone under 21, or failing to check a government photo ID, is a civil infraction with a $200 fine.
Is CBD legal in Colorado?
CBD and other non-intoxicating hemp cannabinoids (including broad-spectrum hemp extract, CBG, CBN, and full-spectrum extract with no more than 1.75 mg THC per serving and a CBD-to-THC ratio of at least 15 to 1) may be used as an ingredient in or as a finished hemp product in Colorado. Hemp products must be cosmetics, dietary supplements, foods, food additives or herbs, and manufacturers and storage facilities must register with the state health department. Products with more than 1.25 mg THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to people under 21 (products with no THC, tinctures and cosmetics are exempt from that age rule).
What is the smoking and vaping age in Colorado?
The minimum age to buy cigarettes, tobacco products and nicotine products in Colorado, including electronic cigarettes and other vaping devices, is 21. Sellers must check a government-issued photo ID, and selling or giving these products to someone under 21 is a civil infraction with a $200 fine; local governments may set stricter rules but not a lower age. The section read sets no penalty on the minor for possession or use.
Is elder abuse a felony in Colorado?
Colorado's crimes against at-risk persons cover at-risk elders (70 or older) and adults with disabilities. Assault on an at-risk person is upgraded: first-degree assault becomes a class 2 felony, second-degree a class 3 felony, and third-degree a class 6 felony. Criminally negligent harm is a class 4 felony if it causes death, class 5 for serious bodily injury and class 6 for bodily injury; knowing caretaker neglect is a class 1 misdemeanor. Theft from an at-risk person in their presence, in a position of trust or knowing they are at risk is a class 5 felony under $500 and a class 3 felony at $500 or more, and criminal exploitation (using deception, harassment, intimidation or undue influence to take something of value) is a class 5 felony under $500 and a class 3 felony at $500 or more.
Is voyeurism a felony in Colorado?
In Colorado, knowingly observing or photographing (including video or live feed) another person's intimate parts without consent, where that person has a reasonable expectation of privacy, is criminal invasion of privacy, a class 2 misdemeanor (up to 120 days and $750).
Is assaulting a police officer a felony in Colorado?
In Colorado, intentionally causing bodily injury to anyone while trying to stop someone you know or should know is a peace officer, firefighter or emergency medical provider from performing a lawful duty is assault in the second degree, a class 4 felony (class 6 if done in a sudden heat of passion); intentionally causing serious bodily injury in that situation is also second-degree assault and is sentenced under the crime-of-violence sentencing statute, though a prison term is not mandatory. Violently applying force to a peace officer, firefighter, EMS provider, judge or detention worker while in custody, or causing an officer or first responder on duty to contact bodily fluids with intent to infect, injure or harm, is second-degree assault too, and a sentence for the in-custody offense must be served consecutively in prison. Ordinary assault in the third degree (knowingly or recklessly causing bodily injury), and exposing an officer or first responder to bodily fluids with intent to harass or annoy, is a class 1 misdemeanor.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.