Colorado criminal charge
Cybercrime in Colorado
Current through 2026 Colorado legislative session
Cybercrime is a criminal offense under Colorado law, defined by C.R.S. § 18-5.5-102. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-5.5-102.
What is the penalty for cybercrime in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Cybercrime (loss less than $300) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is less than $300, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Cybercrime (loss less than $300) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is less than $300, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Cybercrime ($300 to under $1,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $300 or more but less than $1,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Cybercrime ($300 to under $1,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $300 or more but less than $1,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Cybercrime ($1,000 to under $2,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000 or more but less than $2,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Cybercrime ($1,000 to under $2,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000 or more but less than $2,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Cybercrime ($2,000 to under $5,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $2,000 or more but less than $5,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Cybercrime ($2,000 to under $5,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $2,000 or more but less than $5,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Cybercrime ($2,000 to under $5,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $2,000 or more but less than $5,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Cybercrime ($5,000 to under $20,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $5,000 or more but less than $20,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Cybercrime ($5,000 to under $20,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $5,000 or more but less than $20,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Cybercrime ($5,000 to under $20,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $5,000 or more but less than $20,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Cybercrime ($20,000 to under $100,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $20,000 or more but less than $100,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Cybercrime ($20,000 to under $100,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $20,000 or more but less than $100,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Cybercrime ($20,000 to under $100,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $20,000 or more but less than $100,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Cybercrime ($100,000 to under $1,000,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $100,000 or more but less than $1,000,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Cybercrime ($100,000 to under $1,000,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $100,000 or more but less than $1,000,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Cybercrime ($100,000 to under $1,000,000) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $100,000 or more but less than $1,000,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Cybercrime ($1,000,000 or more) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000,000 or more, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Cybercrime ($1,000,000 or more) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000,000 or more, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Cybercrime ($1,000,000 or more) — Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000,000 or more, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c).; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Cybercrime — unauthorized access or excess of authorized access — Applies when the cybercrime is committed in violation of subsection (1)(a), i.e., unauthorized or excess-authorized access/use of a computer, computer network, or computer system.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Cybercrime — unauthorized access or excess of authorized access — Applies when the cybercrime is committed in violation of subsection (1)(a), i.e., unauthorized or excess-authorized access/use of a computer, computer network, or computer system.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Cybercrime — minor prostitution solicitation or payment card skimming/re-encoding — Applies when the cybercrime is committed in violation of subsection (1)(h) (soliciting minor prostitution via computer), (1)(i) (unauthorized scanning of payment card data), or (1)(j) (unauthorized re-encoding of payment card data).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Cybercrime — minor prostitution solicitation or payment card skimming/re-encoding — Applies when the cybercrime is committed in violation of subsection (1)(h) (soliciting minor prostitution via computer), (1)(i) (unauthorized scanning of payment card data), or (1)(j) (unauthorized re-encoding of payment card data).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Cybercrime — minor prostitution solicitation or payment card skimming/re-encoding — Applies when the cybercrime is committed in violation of subsection (1)(h) (soliciting minor prostitution via computer), (1)(i) (unauthorized scanning of payment card data), or (1)(j) (unauthorized re-encoding of payment card data).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Cybercrime — automated ticket-purchasing software circumvention — Applies when the cybercrime is committed in violation of subsection (1)(g), involving use of automated software to circumvent ticket purchase limits.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Cybercrime — automated ticket-purchasing software circumvention — Applies when the cybercrime is committed in violation of subsection (1)(g), involving use of automated software to circumvent ticket purchase limits.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is cybercrime classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Cybercrime (loss less than $300) | petty offense | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is less than $300, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(II) |
| Cybercrime ($300 to under $1,000) | class 2 misdemeanor | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $300 or more but less than $1,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(III) |
| Cybercrime ($1,000 to under $2,000) | class 1 misdemeanor | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000 or more but less than $2,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(IV) |
| Cybercrime ($2,000 to under $5,000) | class 6 felony | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $2,000 or more but less than $5,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(V) |
| Cybercrime ($5,000 to under $20,000) | class 5 felony | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $5,000 or more but less than $20,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(VI) |
| Cybercrime ($20,000 to under $100,000) | class 4 felony | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $20,000 or more but less than $100,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(VII) |
| Cybercrime ($100,000 to under $1,000,000) | class 3 felony | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $100,000 or more but less than $1,000,000, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(VIII) |
| Cybercrime ($1,000,000 or more) | class 2 felony | Applies when the loss, damage, value of services, or thing of value taken, or cost of restoration or repair is $1,000,000 or more, except as otherwise provided in (3)(b), (3)(b.5), or (3)(c). | 18-5.5-102(3)(a)(IX) |
| Cybercrime — unauthorized access or excess of authorized access | class 2 misdemeanor | Applies when the cybercrime is committed in violation of subsection (1)(a), i.e., unauthorized or excess-authorized access/use of a computer, computer network, or computer system. | 18-5.5-102(3)(b) |
| Cybercrime — minor prostitution solicitation or payment card skimming/re-encoding | class 5 felony | Applies when the cybercrime is committed in violation of subsection (1)(h) (soliciting minor prostitution via computer), (1)(i) (unauthorized scanning of payment card data), or (1)(j) (unauthorized re-encoding of payment card data). | 18-5.5-102(3)(b.5) |
| Cybercrime — automated ticket-purchasing software circumvention | class 2 misdemeanor | Applies when the cybercrime is committed in violation of subsection (1)(g), involving use of automated software to circumvent ticket purchase limits. | 18-5.5-102(3)(c)(I) |
Common questions about cybercrime in Colorado
Is cybercrime a felony or a misdemeanor in Colorado?
It depends on the circumstances: cybercrime ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-5.5-102.
Cybercrime (loss less than $300): petty offense (C.R.S. § 18-5.5-102(3)(a)(II)) · Cybercrime ($300 to under $1,000): class 2 misdemeanor (C.R.S. § 18-5.5-102(3)(a)(III)) · Cybercrime ($1,000 to under $2,000): class 1 misdemeanor (C.R.S. § 18-5.5-102(3)(a)(IV)) · Cybercrime ($2,000 to under $5,000): class 6 felony (C.R.S. § 18-5.5-102(3)(a)(V)) · Cybercrime ($5,000 to under $20,000): class 5 felony (C.R.S. § 18-5.5-102(3)(a)(VI)) · Cybercrime ($20,000 to under $100,000): class 4 felony (C.R.S. § 18-5.5-102(3)(a)(VII)) · Cybercrime ($100,000 to under $1,000,000): class 3 felony (C.R.S. § 18-5.5-102(3)(a)(VIII)) · Cybercrime ($1,000,000 or more): class 2 felony (C.R.S. § 18-5.5-102(3)(a)(IX)) · Cybercrime — unauthorized access or excess of authorized access: class 2 misdemeanor (C.R.S. § 18-5.5-102(3)(b)) · Cybercrime — minor prostitution solicitation or payment card skimming/re-encoding: class 5 felony (C.R.S. § 18-5.5-102(3)(b.5)) · Cybercrime — automated ticket-purchasing software circumvention: class 2 misdemeanor (C.R.S. § 18-5.5-102(3)(c)(I))
What are the penalties for cybercrime in Colorado?
Penalties for cybercrime in Colorado depend on how it is classified — from a petty offense up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-503, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers cybercrime?
Cybercrime is governed by C.R.S. § 18-5.5-102 (Cybercrime).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.