2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1.3 - SENTENCING IN CRIMINAL CASES (§§ 18-1.3-101 — 18-1.3-1407) › Part 5 - MISDEMEANOR AND PETTY OFFENSE SENTENCING (§§ 18-1.3-501 — 18-1.3-510) › Section 18-1.3-501 - Misdemeanors classified - drug misdemeanors and drug petty offenses classified - penalties - legislative intent - definitions

(1)
(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
1
Six months imprisonment, or five hundred dollar fine, or both
Eighteen months imprisonment, or five thousand dollar fine, or both
2
Three months imprisonment, or two hundred fifty dollar fine, or both
Three hundred sixty-four days imprisonment, or one thousand dollar fine, or both
3
Fifty dollar fine
Six 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
1
364 days imprisonment, not more than a one thousand dollar fine, or both
2
120 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
DM1
Six months imprisonment, five hundred dollar fine, or both
Eighteen months imprisonment, five thousand dollar fine, or both
DM2
No imprisonment, fifty dollar fine
Three hundred sixty-four days imprisonment, seven 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)
(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)
(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)
(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)
(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)
(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.)
Amended by 2022 Ch. 225, § 9, eff. 1/1/2023.
Amended by 2021 Ch. 462, § 186, eff. 3/1/2022.
Amended by 2020 Ch. 157, § 51, eff. 7/1/2020.
Amended by 2019 Ch. 291, § 6, eff. 3/1/2020.
Amended by 2019 Ch. 136, § 91, eff. 10/1/2019.
Amended by 2019 Ch. 59, § 2, eff. 8/2/2019.
Amended by 2018 Ch. 401, § 3, eff. 7/1/2018.
Amended by 2015 Ch. 337, § 4, eff. 9/1/2015.
Amended by 2015 Ch. 109, § 5, eff. 7/1/2015.
Amended by 2014 Ch. 336, § 9, eff. 8/6/2014.
Amended by 2014 Ch. 391, § 12, eff. 6/6/2014.
Amended by 2013 Ch. 333, § 5, eff. 10/1/2013.
L. 2002: Entire article added with relocations, p. 1413, § 2, effective October 1. L. 2003: (3)(b)(IV) amended, p. 1014, § 22, effective July 1; (6)(b) and (6)(c) amended, p. 2163, § 4, effective July 1; (1.5)(b) amended, p. 1624, § 44, effective August 6. L. 2004: (3)(a) amended, p. 634, § 3, effective August 4. L. 2005: (1.7) added, p. 1009, § 1, effective July 1. L. 2007: (1) amended, p. 557, § 4, effective April 16. L. 2008: (1.7)(b) and (4) amended, p. 1890, § 55, effective August 5. L. 2009: (1.5) amended, (HB 09-1120), ch. 1650, p. 1650, § 2, effective July 1. L. 2010: (1.5)(b) amended, (HB 10-1422), ch. 2073, p. 2073, § 32, effective August 11; (3)(b)(IV) and (3)(b)(V) amended and (3)(b)(VI) added, (SB 10-128), ch. 2046, p. 2046, § 6, effective 7/1/2012. L. 2011: (1.5) amended, (HB 11-1105), ch. 250, p. 1087, § 1, effective August 10. L. 2012: (1.5) amended, (HB 12-1059), ch. 1434, p. 1434, § 11, effective July 1. L. 2013: IP(1)(a) amended and (1)(d) and (1)(e) added, (SB 13-250), ch. 1907, p. 1907, § 5, effective October 1. L. 2014: (1)(d) amended, (SB 14-163), ch. 1974, p. 1974, § 12, effective June 6; (1.5)(b) amended, (HB 14-1214), ch. 1498, p. 1498, § 9, effective August 6. L. 2015: (1.5)(b) amended, (SB 15 -126), ch. 319, p. 319, § 5, effective July 1; (1.5)(b) amended, (SB 15-067), ch. 1367, p. 1367, § 4, effective September 1. L. 2018: (3)(b)(V) and (3)(b)(VI) amended and (3)(b)(VII) added, (SB 18-069), ch. 2372, p. 2372, § 3, effective July 1. L. 2019: (1)(a) and (1)(d) amended, (HB 19 -1148), ch. 201, p. 201, § 2, effective August 2; (1.7)(b) amended, (HB 19-1172), ch. 1674, p. 1674, § 91, effective October 1; (1)(d) amended and (1)(d.5) added, (HB 19-1263), ch. 2679, p. 2679, § 6, effective 3/1/2020. L. 2020: (1.7)(b) amended, (HB 20-1183), ch. 700, p. 700, § 51, effective July 1. L. 2021: IP(1)(a) and (3)(a) amended and (1)(a.5) and (1)(c.5) added, (SB 21-271), ch. 3170, p. 3170, § 186, effective 3/1/2022.
(1) This section is similar to former § 18-1-106 as it existed prior to 2002.
(2) Amendments to subsection (1.5)(b) by SB 15-067 and SB 15-126 were harmonized.
(3) Amendments to subsection (1)(d) by HB 19-1148 and HB 19-1263 were harmonized, effective March 1, 2020.
(4) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2003 act amending subsections (6)(b) and (6)(c), see section 1 of chapter 340, Session Laws of Colorado 2003.