Colorado criminal charge
Fraud by check in Colorado
Current through 2026 Colorado legislative session
Fraud by check is a criminal offense under Colorado law, defined by C.R.S. § 18-5-205. 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. § 18-5-205.
What is the penalty for fraud by check in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Fraud by check (under $300 or aggregate under $300) — The fraudulent check was for less than $300 or two or more checks within a 60-day period totaled less than $300 in the aggregate.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Fraud by check (under $300 or aggregate under $300) — The fraudulent check was for less than $300 or two or more checks within a 60-day period totaled less than $300 in the aggregate.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Fraud by check ($300-$1,000) — The fraudulent check was for $300 or more but less than $1,000, or two or more checks within a 60-day period totaled that amount in the aggregate.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Fraud by check ($300-$1,000) — The fraudulent check was for $300 or more but less than $1,000, or two or more checks within a 60-day period totaled that amount in the aggregate.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Fraud by check ($1,000-$2,000) — The fraudulent check was for $1,000 or more but less than $2,000, or two or more checks within a 60-day period totaled that amount in the aggregate.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Fraud by check ($1,000-$2,000) — The fraudulent check was for $1,000 or more but less than $2,000, or two or more checks within a 60-day period totaled that amount in the aggregate.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Fraud by check ($2,000-$5,000) — The fraudulent check was for $2,000 or more but less than $5,000, or two or more checks within a 60-day period totaled that amount in the aggregate.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Fraud by check ($2,000-$5,000) — The fraudulent check was for $2,000 or more but less than $5,000, or two or more checks within a 60-day period totaled that amount in the aggregate.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Fraud by check ($2,000-$5,000) — The fraudulent check was for $2,000 or more but less than $5,000, or two or more checks within a 60-day period totaled that amount in the aggregate.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Fraud by check ($5,000-$20,000) — The fraudulent check was for $5,000 or more but less than $20,000, or two or more checks within a 60-day period totaled that amount.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Fraud by check ($5,000-$20,000) — The fraudulent check was for $5,000 or more but less than $20,000, or two or more checks within a 60-day period totaled that amount.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Fraud by check ($5,000-$20,000) — The fraudulent check was for $5,000 or more but less than $20,000, or two or more checks within a 60-day period totaled that amount.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Fraud by check ($20,000-$100,000) — The fraudulent check was for $20,000 or more but less than $100,000, or two or more checks within a 60-day period totaled that amount.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Fraud by check ($20,000-$100,000) — The fraudulent check was for $20,000 or more but less than $100,000, or two or more checks within a 60-day period totaled that amount.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Fraud by check ($20,000-$100,000) — The fraudulent check was for $20,000 or more but less than $100,000, or two or more checks within a 60-day period totaled that amount.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Fraud by check ($100,000-$1,000,000) — The fraudulent check was for $100,000 or more but less than $1,000,000, or two or more checks within a 60-day period totaled that amount.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Fraud by check ($100,000-$1,000,000) — The fraudulent check was for $100,000 or more but less than $1,000,000, or two or more checks within a 60-day period totaled that amount.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Fraud by check ($100,000-$1,000,000) — The fraudulent check was for $100,000 or more but less than $1,000,000, or two or more checks within a 60-day period totaled that amount.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Fraud by check ($1,000,000 or more) — The fraudulent check was for $1,000,000 or more, or two or more checks within a 60-day period totaled that amount or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Fraud by check ($1,000,000 or more) — The fraudulent check was for $1,000,000 or more, or two or more checks within a 60-day period totaled that amount or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Fraud by check ($1,000,000 or more) — The fraudulent check was for $1,000,000 or more, or two or more checks within a 60-day period totaled that amount or more.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Fraud by check on nonexistent or long-closed account — The fraudulent check was drawn on an account that did not exist or had been closed for 30 or more days prior to issuance.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Fraud by check on nonexistent or long-closed account — The fraudulent check was drawn on an account that did not exist or had been closed for 30 or more days prior to issuance.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Fraud by check on nonexistent or long-closed account — The fraudulent check was drawn on an account that did not exist or had been closed for 30 or more days prior to issuance.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Opening account with false identity for fraudulent checks — A person opens a checking, negotiable order of withdrawal, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Opening account with false identity for fraudulent checks — A person opens a checking, negotiable order of withdrawal, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is fraud by check classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fraud by check (under $300 or aggregate under $300) | petty offense | The fraudulent check was for less than $300 or two or more checks within a 60-day period totaled less than $300 in the aggregate. | 18-5-205(3)(a.7) |
| Fraud by check ($300-$1,000) | class 2 misdemeanor | The fraudulent check was for $300 or more but less than $1,000, or two or more checks within a 60-day period totaled that amount in the aggregate. | 18-5-205(3)(b) |
| Fraud by check ($1,000-$2,000) | class 1 misdemeanor | The fraudulent check was for $1,000 or more but less than $2,000, or two or more checks within a 60-day period totaled that amount in the aggregate. | 18-5-205(3)(c) |
| Fraud by check ($2,000-$5,000) | class 6 felony | The fraudulent check was for $2,000 or more but less than $5,000, or two or more checks within a 60-day period totaled that amount in the aggregate. | 18-5-205(3)(d) |
| Fraud by check ($5,000-$20,000) | class 5 felony | The fraudulent check was for $5,000 or more but less than $20,000, or two or more checks within a 60-day period totaled that amount. | 18-5-205(3)(e) |
| Fraud by check ($20,000-$100,000) | class 4 felony | The fraudulent check was for $20,000 or more but less than $100,000, or two or more checks within a 60-day period totaled that amount. | 18-5-205(3)(f) |
| Fraud by check ($100,000-$1,000,000) | class 3 felony | The fraudulent check was for $100,000 or more but less than $1,000,000, or two or more checks within a 60-day period totaled that amount. | 18-5-205(3)(g) |
| Fraud by check ($1,000,000 or more) | class 2 felony | The fraudulent check was for $1,000,000 or more, or two or more checks within a 60-day period totaled that amount or more. | 18-5-205(3)(h) |
| Fraud by check on nonexistent or long-closed account | class 6 felony | The fraudulent check was drawn on an account that did not exist or had been closed for 30 or more days prior to issuance. | 18-5-205(3)(i) |
| Opening account with false identity for fraudulent checks | class 2 misdemeanor | A person opens a checking, negotiable order of withdrawal, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks. | 18-5-205(5) |
Common questions about fraud by check in Colorado
Is fraud by check a felony or a misdemeanor in Colorado?
It depends on the circumstances: fraud by check ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-5-205.
Fraud by check (under $300 or aggregate under $300): petty offense (C.R.S. § 18-5-205(3)(a.7)) · Fraud by check ($300-$1,000): class 2 misdemeanor (C.R.S. § 18-5-205(3)(b)) · Fraud by check ($1,000-$2,000): class 1 misdemeanor (C.R.S. § 18-5-205(3)(c)) · Fraud by check ($2,000-$5,000): class 6 felony (C.R.S. § 18-5-205(3)(d)) · Fraud by check ($5,000-$20,000): class 5 felony (C.R.S. § 18-5-205(3)(e)) · Fraud by check ($20,000-$100,000): class 4 felony (C.R.S. § 18-5-205(3)(f)) · Fraud by check ($100,000-$1,000,000): class 3 felony (C.R.S. § 18-5-205(3)(g)) · Fraud by check ($1,000,000 or more): class 2 felony (C.R.S. § 18-5-205(3)(h)) · Fraud by check on nonexistent or long-closed account: class 6 felony (C.R.S. § 18-5-205(3)(i)) · Opening account with false identity for fraudulent checks: class 2 misdemeanor (C.R.S. § 18-5-205(5))
What are the penalties for fraud by check in Colorado?
Penalties for fraud by check 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 fraud by check?
Fraud by check is governed by C.R.S. § 18-5-205 (Fraud by check - definitions - penalties).
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.