Colorado criminal charge
Telecommunications crime in Colorado
Telecommunications crime is a criminal offense under Colorado law, defined by C.R.S. § 18-9-309. 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. § 18-9-309.
What is the penalty for telecommunications crime in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Using cloning equipment to create a cloned cellular phone (felony provision cross-reference) — A person who knowingly uses cloning equipment to create a cloned cellular phone commits a class 4 felony as provided in subsection (4), rather than the civil infraction otherwise applicable under (2)(b).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Using cloning equipment to create a cloned cellular phone (felony provision cross-reference) — A person who knowingly uses cloning equipment to create a cloned cellular phone commits a class 4 felony as provided in subsection (4), rather than the civil infraction otherwise applicable under (2)(b).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Using cloning equipment to create a cloned cellular phone (felony provision cross-reference) — A person who knowingly uses cloning equipment to create a cloned cellular phone commits a class 4 felony as provided in subsection (4), rather than the civil infraction otherwise applicable under (2)(b).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (Using cloning equipment to intercept signals or create a cloned cellular phone — A person knowingly uses cloning equipment to intercept telecommunications signals or to create a cloned cellular phone.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Using cloning equipment to intercept signals or create a cloned cellular phone — A person knowingly uses cloning equipment to intercept telecommunications signals or to create a cloned cellular phone.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (Aiding, abetting, advising, or encouraging cloning equipment offenses — A person aids, abets, advises, or encourages another person who engages in the cloning equipment activities described in subsection (4)(a).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Aiding, abetting, advising, or encouraging cloning equipment offenses — A person aids, abets, advises, or encourages another person who engages in the cloning equipment activities described in subsection (4)(a).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is telecommunications crime classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Using cloning equipment to create a cloned cellular phone (felony provision cross-reference) | Class 4 Felony | A person who knowingly uses cloning equipment to create a cloned cellular phone commits a class 4 felony as provided in subsection (4), rather than the civil infraction otherwise applicable under (2)(b). | 18-9-309(2)(b) |
| Using cloning equipment to intercept signals or create a cloned cellular phone | Class 2 Misdemeanor | A person knowingly uses cloning equipment to intercept telecommunications signals or to create a cloned cellular phone. | 18-9-309(4)(a) |
| Aiding, abetting, advising, or encouraging cloning equipment offenses | Class 2 Misdemeanor | A person aids, abets, advises, or encourages another person who engages in the cloning equipment activities described in subsection (4)(a). | 18-9-309(4)(b) |
Common questions about telecommunications crime in Colorado
Is telecommunications crime a felony or a misdemeanor in Colorado?
It depends on the circumstances: telecommunications crime ranges from a Class 2 Misdemeanor to a Class 4 Felony in Colorado under C.R.S. § 18-9-309.
Using cloning equipment to create a cloned cellular phone (felony provision cross-reference): Class 4 Felony (C.R.S. § 18-9-309(2)(b)) · Using cloning equipment to intercept signals or create a cloned cellular phone: Class 2 Misdemeanor (C.R.S. § 18-9-309(4)(a)) · Aiding, abetting, advising, or encouraging cloning equipment offenses: Class 2 Misdemeanor (C.R.S. § 18-9-309(4)(b))
What are the penalties for telecommunications crime in Colorado?
Penalties for telecommunications crime in Colorado depend on how it is classified — from a Class 2 Misdemeanor up to a Class 4 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 telecommunications crime?
Telecommunications crime is governed by C.R.S. § 18-9-309 (Telecommunications crime).
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.