Colorado criminal charge
Possession of contraband in the second degree in Colorado
Possession of contraband in the second degree is a criminal offense under Colorado law, defined by C.R.S. § 18-8-204.2. 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. § 18-8-204.2.
What is the penalty for possession of contraband in the second degree in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Possession of contraband, second degree — higher-tier contraband items — Applies when the contraband involved is described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Possession of contraband, second degree — higher-tier contraband items — Applies when the contraband involved is described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Possession of contraband, second degree — higher-tier contraband items — Applies when the contraband involved is described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Possession of contraband, second degree — lower-tier contraband items — Applies when the contraband involved is described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Possession of contraband, second degree — lower-tier contraband items — Applies when the contraband involved is described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is possession of contraband in the second degree classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of contraband, second degree — higher-tier contraband items | class 6 felony | Applies when the contraband involved is described in section 18-8-204 (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o). | 18-8-204.2(2)(a) |
| Possession of contraband, second degree — lower-tier contraband items | class 2 misdemeanor | Applies when the contraband involved is described in section 18-8-204 (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q). | 18-8-204.2(2)(b) |
Common questions about possession of contraband in the second degree in Colorado
Is possession of contraband in the second degree a felony or a misdemeanor in Colorado?
It depends on the circumstances: possession of contraband in the second degree ranges from a class 2 misdemeanor to a class 6 felony in Colorado under C.R.S. § 18-8-204.2.
Possession of contraband, second degree — higher-tier contraband items: class 6 felony (C.R.S. § 18-8-204.2(2)(a)) · Possession of contraband, second degree — lower-tier contraband items: class 2 misdemeanor (C.R.S. § 18-8-204.2(2)(b))
What are the penalties for possession of contraband in the second degree in Colorado?
Penalties for possession of contraband in the second degree in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 6 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 possession of contraband in the second degree?
Possession of contraband in the second degree is governed by C.R.S. § 18-8-204.2 (Possession of contraband in the second degree).
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.