Colorado criminal charge
Offering a false instrument for recording in Colorado
Offering a false instrument for recording is a criminal offense under Colorado law, defined by C.R.S. § 18-5-114. 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. § 18-5-114.
What is the penalty for offering a false instrument for recording in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Offering a false instrument for recording in the first degree — Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with intent to defraud and knowledge or belief it will be recorded or filed.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Offering a false instrument for recording in the first degree — Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with intent to defraud and knowledge or belief it will be recorded or filed.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Offering a false instrument for recording in the first degree — Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with intent to defraud and knowledge or belief it will be recorded or filed.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (Offering a false instrument for recording in the second degree — Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with knowledge or belief it will be recorded or filed, without the intent to defraud element.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Offering a false instrument for recording in the second degree — Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with knowledge or belief it will be recorded or filed, without the intent to defraud element.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is offering a false instrument for recording classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Offering a false instrument for recording in the first degree | Class 5 Felony | Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with intent to defraud and knowledge or belief it will be recorded or filed. | 18-5-114(2) |
| Offering a false instrument for recording in the second degree | Class 2 Misdemeanor | Applies when a person knowingly presents or offers a written instrument containing material false statements or information, relating to or affecting real or personal property or contractual relationships, to a public office or employee with knowledge or belief it will be recorded or filed, without the intent to defraud element. | 18-5-114(4) |
Common questions about offering a false instrument for recording in Colorado
Is offering a false instrument for recording a felony or a misdemeanor in Colorado?
It depends on the circumstances: offering a false instrument for recording ranges from a Class 2 Misdemeanor to a Class 5 Felony in Colorado under C.R.S. § 18-5-114.
Offering a false instrument for recording in the first degree: Class 5 Felony (C.R.S. § 18-5-114(2)) · Offering a false instrument for recording in the second degree: Class 2 Misdemeanor (C.R.S. § 18-5-114(4))
What are the penalties for offering a false instrument for recording in Colorado?
Penalties for offering a false instrument for recording in Colorado depend on how it is classified — from a Class 2 Misdemeanor up to a Class 5 Felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers offering a false instrument for recording?
Offering a false instrument for recording is governed by C.R.S. § 18-5-114 (Offering a false instrument for recording).
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.