C.R.S. Section 18-1.3-501
Misdemeanors classified

  • drug misdemeanors and drug petty offenses classified
  • penalties
  • legislative intent
  • definitions

(1)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in subsection (1)(d) of this section, for offenses committed prior to March 1, 2022, misdemeanors are divided into three classes that are distinguished from one another by the following penalties that are authorized upon conviction except as provided in subsection (1.5) of this section:
Class
Minimum Sentence
Maximum Sentence
1Six months imprisonment, or fiveEighteen months imprisonment,
hundred dollar fine, or bothor five thousand dollar fine, or both
2Three months imprisonment, or twoThree hundred sixty-four days imprisonment,
hundred fifty dollar fine, or bothor one thousand dollar fine, or both
3Fifty dollar fineSix months imprisonment, or seven
hundred fifty dollar fine, or both

(a.5)

Except as otherwise provided in subsection (1)(d) of this section, for offenses committed on or after March 1, 2022, misdemeanors are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction:
Class
Maximum Sentence
1364 days imprisonment, not more than a one thousand dollar fine, or both
2120 days imprisonment, not more than a seven hundred fifty dollar fine, or both

(b)

A term of imprisonment for conviction of a misdemeanor shall not be served in a state correctional facility unless served concurrently with a term for conviction of a felony.

(c)

A term of imprisonment in a county jail for a conviction of a misdemeanor, petty, or traffic misdemeanor offense shall not be ordered to be served consecutively to a sentence to be served in a state correctional facility; except that if, at the time of sentencing, the court determines, after consideration of all the relevant facts and circumstances, that a concurrent sentence is not warranted, the court may order that the misdemeanor sentence be served prior to the sentence to be served in the state correctional facility and prior to the time the defendant is transported to the state correctional facility to serve all or the remainder of the defendant’s state correctional facility sentence.

(c.5)

The maximum consecutive sentence to the county jail for misdemeanor crimes charged in a single case is twenty-four months.

(d)

Except as provided in subsection (1)(d.5) of this section, for purposes of sentencing a person convicted of a misdemeanor drug offense described in article 18 of this title 18, committed on or after October 1, 2013, drug misdemeanors are divided into two levels that are distinguished from one another by the following penalties that are authorized upon conviction:
Level
Minimum Sentence
Maximum Sentence
DM1Six months imprisonment,Eighteen months imprisonment,
five hundred dollar fine, or bothfive thousand dollar fine, or both
DM2No imprisonment, fiftyThree hundred sixty-four days imprisonment,
dollar fineseven hundred fifty dollar fine, or both
(d.5)(I)(A) It is the intention of the general assembly to classify most drug possession on and after March 1, 2020, as a misdemeanor offense with different sentencing options and limited incarceration penalties. The purpose of this sentencing scheme is to provide offenders who are assessed to be in need of treatment or other intervention with probation supervision in conjunction with effective medical and behavioral intervention and treatment. For those drug possessors who are not in need of treatment, sentencing by the courts system should be limited. This sentencing scheme recognizes that drug use and possession is primarily a health concern and should be treated as such by Colorado courts.

(B)

Furthermore, it is the intent of the general assembly that sentencing for crimes that involve fentanyl, carfentanil, benzimidazole opiate, or an analog thereof as described in section 18-18-204 (2)(g), even in small quantities, reflect the high risk of addiction and death associated with fentanyl, carfentanil, benzimidazole opiate, or any analog thereof. Therefore, the education and treatment procedures provided in section 18-1.3-510 must be implemented to address this substantial health risk.

(II)

Notwithstanding the provisions of subsection (1)(d) of this section, for the purpose of sentencing a person convicted of a level 1 drug misdemeanor committed on or after March 1, 2020, in violation of section 18-18-403.5 or 18-18-406 (4)(b), a court may sentence an offender to probation for up to two years, with the possibility of a total of one hundred eighty days in county jail or, for a third or subsequent offense, a total of up to three hundred sixty-four days in county jail, which may be imposed in whole or in part during the time period of probation as a condition of probation or as a sanction for a violation of probation; or the court may sentence an offender to up to one hundred eighty days in the county jail; except that, for a third or subsequent offense, the court may sentence an offender to up to three hundred sixty-four days in the county jail. In addition to the sentence to probation or to the county jail, the offender may be punished by a fine of not more than one thousand dollars.

(III)

Notwithstanding the provisions of subsection (1)(d) of this section, for the purpose of sentencing a person convicted of a level 2 drug misdemeanor committed on or after March 1, 2020, in violation of section 18-18-404, 18-18-406 (4)(c), 18-18-406.1, or 18-18-412, a court may sentence an offender to probation for up to one year, with the possibility of a total of one hundred twenty days in county jail or, for a third or subsequent offense, a total of up to one hundred eighty days in county jail, which may be imposed in whole or in part during the time period of probation as a condition of probation or as a sanction for a violation of probation; or the court may sentence an offender to up to one hundred twenty days in the county jail; except that, for a third or subsequent offense, the court may sentence an offender to up to one hundred eighty days in the county jail. In addition to the sentence to probation or to the county jail, the offender may be punished by a fine of not more than five hundred dollars.

(IV)

Nothing in this subsection (1)(d.5) infringes upon the authority and discretion vested with a district attorney to file misdemeanor charges in either district court or county court, which courts, pursuant to section 13-6-106, have concurrent original jurisdiction over violations of state law that constitute misdemeanors. District attorneys are encouraged to file misdemeanor or drug charges in the court where, if there is a conviction, treatment and supervision can most effectively be matched to the defendant’s assessed risk and treatment need levels.

(e)

For each drug petty offense, the sentencing range is stated in the offense statute.

(1.5)

Intentionally left blank —Ed.

(a)

If a defendant is convicted of assault in the third degree under section 18-3-204 and the victim is a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties, notwithstanding subsection (1) of this section, the court shall sentence the defendant to a term of imprisonment greater than the maximum sentence but no more than twice the maximum sentence authorized for the same crime when the victim is not a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties. In addition to the term of imprisonment, the court may impose a fine on the defendant under subsection (1) of this section. At any time after sentencing and before the discharge of the defendant’s sentence, the victim may request that the defendant participate in restorative justice practices with the victim. If the defendant accepts responsibility for and expresses remorse for his or her actions and is willing to repair the harm caused by his or her actions, an individual responsible for the defendant’s supervision shall make the necessary arrangements for the restorative justice practices requested by the victim.

(b)

As used in this section, “peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of his or her duties” means a peace officer as described in section 16-2.5-101, C.R.S., emergency medical service provider as defined in part 1 of article 3.5 of title 25, C.R.S., emergency medical care provider as defined by section 18-3-201 (1), or a firefighter as defined in section 18-3-201 (1.5), who is engaged or acting in or who is present to engage or act in the performance of a duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, emergency medical service provider, emergency medical care provider, or firefighter, whether or not the peace officer, emergency medical service provider, emergency medical care provider, or firefighter is within the territorial limits of his or her jurisdiction, if the peace officer, emergency medical service provider, emergency medical care provider, or firefighter is in uniform or the person committing an assault upon or offense against or otherwise acting toward the peace officer, emergency medical service provider, emergency medical care provider, or firefighter knows or reasonably should know that the victim is a peace officer, emergency medical service provider, emergency medical care provider, or firefighter or if the peace officer, emergency medical service provider, emergency medical care provider, or firefighter is intentionally assaulted in retaliation for the performance of his or her official duties.

(1.7)

Intentionally left blank —Ed.

(a)

If a defendant is convicted of assault in the third degree pursuant to section 18-3-204 or reckless endangerment pursuant to section 18-3-208 and the victim is a mental health professional employed by or under contract with the department of human services engaged in the performance of his or her duties, notwithstanding the provisions of subsection (1) of this section, the court may sentence the defendant to a term of imprisonment greater than the maximum sentence but not more than twice the maximum sentence authorized for the crime when the victim is not a mental health professional employed by or under contract with the department of human services engaged in the performance of his or her duties. In addition to a term of imprisonment, the court may impose a fine on the defendant pursuant to subsection (1) of this section.

(b)

“Mental health professional” means a mental health professional licensed to practice medicine pursuant to article 240 of title 12 or a person licensed as a mental health professional pursuant to article 245 of title 12, a person licensed as a nurse pursuant to article 255 of title 12, a nurse aide certified pursuant to article 255 of title 12, and a psychiatric technician licensed pursuant to article 295 of title 12.

(2)

The defendant may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by subsection (1) of this section, subject to the conditions and restrictions of section 18-1.3-507. An inmate in county jail acting as a trustee shall not be given concurrent credit for community or useful public service when such service is performed in his or her capacity as trustee. For the purposes of this subsection (2), “community or useful public service” means any work which is beneficial to the public, any public entity, or any bona fide nonprofit private or public organization, which work involves a minimum of direct supervision or other public cost and which work would not, with the exercise of reasonable care, endanger the health or safety of the person required to work.

(3)

Intentionally left blank —Ed.

(a)

The general assembly hereby finds that certain misdemeanors committed prior to March 1, 2022, which are listed in subsection (3)(b) of this section, present an extraordinary risk of harm to society and therefore, in the interest of public safety, the maximum sentence for such misdemeanors shall be increased by six months.

(b)

Misdemeanors that present an extraordinary risk of harm to society shall include the following:

(I)

Assault in the third degree, as defined in section 18-3-204;

(I.5)

Intentionally left blank —Ed.

(A)

Sexual assault, as defined in section 18-3-402; or

(B)

Sexual assault in the second degree, as defined in section 18-3-403, as it existed prior to July 1, 2000;

(II)

Intentionally left blank —Ed.

(A)

Unlawful sexual contact, as defined in section 18-3-404; or

(B)

Sexual assault in the third degree, as defined in section 18-3-404, as it existed prior to July 1, 2000;

(III)

Child abuse, as defined in section 18-6-401 (7)(a)(V);

(IV)

Second and all subsequent violations of a protection order as defined in section 18-6-803.5 (1.5)(a.5);

(V)

Misdemeanor failure to register as a sex offender, as described in section 18-3-412.5;

(VI)

Misdemeanor invasion of privacy for sexual gratification, as described in section 18-3-405.6; and

(VII)

False reporting of an emergency, as described in section 18-8-111.

(4)

Notwithstanding any provision of law to the contrary, any person who attempts to commit, conspires to commit, or commits against an elderly person any misdemeanor set forth in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, or article 5.5 of this title shall be required to pay a mandatory and substantial fine within the limits permitted by law. However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and witnesses assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of this subsection (4), an “elderly person” or “elderly victim” means a person sixty years of age or older.

(5)

Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, C.R.S.

(6)

For a defendant who is convicted of assault in the third degree, as described in section 18-3-204, the court, in addition to any fine the court may impose, shall sentence the defendant to a term of imprisonment of at least six months, but not longer than the maximum sentence authorized for the offense, as specified in this section, which sentence shall not be suspended in whole or in part, if the court makes the following findings on the record:

(a)

The victim of the offense was pregnant at the time of commission of the offense; and

(b)

The defendant knew or should have known that the victim of the offense was pregnant.
(c)(Deleted by amendment, L. 2003, p. 2163, § 4, effective July 1, 2003.)

Source: Section 18-1.3-501 — Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18–1.3–101
Pretrial diversion - appropriation - repeal
18–1.3–102
Deferred sentencing of defendant
18–1.3–103.4
Senate Bill 13-250 - legislative intent - clarification of internal reference to level 4 drug felonies
18–1.3–103.5
Felony convictions - vacate and enter conviction on misdemeanor after successful completion
18–1.3–103.7
Alternative options for pregnant and postpartum people - legislative declaration - definitions
18–1.3–104
Alternatives in imposition of sentence
18–1.3–104.5
Alternatives in imposition of sentence in drug felony cases - exhaustion of remedies
18–1.3–105
Authority of sentencing courts to utilize home detention programs
18–1.3–106
County jail sentencing alternatives - work, educational, and medical release - home detention - day reporting - definition
18–1.3–107
Conviction - collateral relief - applicability - definitions
18–1.3–201
Application for probation
18–1.3–202
Probationary power of court
18–1.3–202.5
Veterans court probation supervision
18–1.3–203
Criteria for granting probation
18–1.3–204
Conditions of probation - interstate compact probation transfer cash fund - creation
18–1.3–205
Restitution as a condition of probation
18–1.3–206
Repayment of crime stopper reward as a condition of probation
18–1.3–207
Work and education release programs
18–1.3–208
Intensive supervision probation programs - legislative declaration
18–1.3–209
Substance abuse assessment required
18–1.3–210
Counseling or treatment for alcohol or drug abuse or substance use disorder
18–1.3–211
Sentencing of felons - parole of felons - treatment and testing based upon assessment required
18–1.3–212
Drug testing of offenders by judicial department - pilot program
18–1.3–301
Authority to place offenders in community corrections programs
18–1.3–302
Legislative declaration - offenders who may be sentenced to the specialized restitution and community service program
18–1.3–401
Felonies classified - presumptive penalties
18–1.3–401.5
Drug felonies classified - presumptive and aggravated penalties - legislative intent
18–1.3–402
Felony offenses not classified
18–1.3–403
Penalty for felony not fixed by statute - punishment
18–1.3–404
Duration of sentences for felonies
18–1.3–405
Credit for presentence confinement
18–1.3–406
Mandatory sentences for violent crimes - definitions
18–1.3–407
Sentences - youthful offenders - powers and duties of district court - authorization for youthful offender system - powers and duties of department of corrections - youthful offender system study - report - legislative declaration - definitions
18–1.3–407.5
Sentences - young adult offenders - youthful offender system - definitions
18–1.3–408
Determinate sentence of imprisonment imposed by court
18–1.3–409
Concurrent or consecutive sentences - court to clarify sentencing in mittimus
18–1.3–410
Fentanyl education and treatment program
18–1.3–501
Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions
18–1.3–502
Duration of sentences for misdemeanors
18–1.3–503
Petty offense and civil infraction classified - penalties
18–1.3–504
Misdemeanors and petty offenses not classified
18–1.3–505
Penalty for misdemeanor not fixed by statute - punishment
18–1.3–506
Payment and collection of fines for class 1 or 2 misdemeanors, petty offenses, and civil infractions - release from incarceration
18–1.3–507
Community or useful public service - misdemeanors
18–1.3–507.5
Useful public service cash fund created
18–1.3–508
Definite sentence not void
18–1.3–509
Credit for time served on misdemeanor sentences
18–1.3–510
Fentanyl education and treatment program
18–1.3–601
Legislative declaration
18–1.3–602
Definitions
18–1.3–603
Assessment of restitution - corrective orders
18–1.3–701
Judgment of costs and fines - definitions
18–1.3–702
Monetary payments - due process required
18–1.3–703
Reimbursement of amounts paid following a vacated conviction or amended order for restitution - petition
18–1.3–704
Outstanding balances owed by juveniles - report - repeal
18–1.3–801
Punishment for habitual criminals
18–1.3–802
Evidence of former convictions - identity
18–1.3–803
Verdict of jury
18–1.3–804
Habitual burglary offenders - punishment - legislative declaration
18–1.3–901
Short title
18–1.3–902
Applicability of part
18–1.3–903
Definitions
18–1.3–904
Indeterminate commitment
18–1.3–905
Requirements before acceptance of a plea of guilty
18–1.3–906
Commencement of proceedings
18–1.3–907
Defendant to be advised of rights
18–1.3–908
Psychiatric examination and report
18–1.3–909
Report of probation department
18–1.3–910
Termination of proceedings
18–1.3–911
Evidentiary hearing
18–1.3–912
Findings of fact and conclusions of law
18–1.3–913
Appeal
18–1.3–914
Time allowed on sentence
18–1.3–915
Costs
18–1.3–916
Diagnostic center as receiving center
18–1.3–1001
Legislative declaration
18–1.3–1002
Short title
18–1.3–1003
Definitions
18–1.3–1004
Indeterminate sentence
18–1.3–1005
Parole - intensive supervision program
18–1.3–1006
Release from incarceration - parole - conditions
18–1.3–1007
Probation - intensive supervision program
18–1.3–1008
Probation - conditions - release
18–1.3–1009
Criteria for release from incarceration, reduction in supervision, and discharge
18–1.3–1010
Arrest of parolee or probationer - revocation
18–1.3–1011
Annual report
18–1.3–1012
Applicability of part
18–1.3–1101
Definitions
18–1.3–1102
Pretrial motion by defendant in class 1 felony case - determination whether defendant is mentally retarded or has an intellectual and developmental disability - procedure
18–1.3–1103
Mentally retarded defendant or defendant with an intellectual and developmental disability - death penalty not imposed
18–1.3–1104
Evaluation and report
18–1.3–1105
Evaluation at insistence of defendant
18–1.3–1201
Imposition of sentence in class 1 felonies - appellate review - applicability
18–1.3–1202
Death penalty inflicted by lethal injection
18–1.3–1203
Genetic testing prior to execution
18–1.3–1204
Implements - sentence executed by executive director
18–1.3–1205
Week of execution - warrant
18–1.3–1206
Execution - witnesses
18–1.3–1207
Record and certificate of execution
18–1.3–1301
Applicability of procedure for the imposition of sentences in class 1 felony cases
18–1.3–1302
Imposition of sentences in class 1 felonies for crimes committed on or after July 1, 1988, and prior to September 20, 1991 - appellate review - applicability
18–1.3–1401
Definitions
18–1.3–1402
Mental competency to be executed - presumptions
18–1.3–1403
Mental incompetency to be executed - filing of motion
18–1.3–1404
Mental incompetency to be executed - examination
18–1.3–1405
Mentally incompetent to be executed - untimely or successive motions
18–1.3–1406
Persons mentally incompetent to be executed - restoration to competency
18–1.3–1407
Appeal of determination of mental incompetency to be executed
Green check means up to date. Up to date

Current through Fall 2024

§ 18-1.3-501’s source at colorado​.gov