Colorado criminal charge
Unauthorized use of a financial transaction device in Colorado
Unauthorized use of a financial transaction device is a criminal offense under Colorado law, defined by C.R.S. § 18-5-702. 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. § 18-5-702.
What is the penalty for unauthorized use of a financial transaction device in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Value less than $300 — Applies when the value of cash, credit, property, or services obtained or financial payments made is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Value less than $300 — Applies when the value of cash, credit, property, or services obtained or financial payments made is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Value $300–$1,000 — Applies when the value obtained or paid is three hundred dollars or more but less than one thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Value $300–$1,000 — Applies when the value obtained or paid is three hundred dollars or more but less than one thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Value $1,000–$2,000 — Applies when the value obtained or paid is one thousand dollars or more but less than two thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Value $1,000–$2,000 — Applies when the value obtained or paid is one thousand dollars or more but less than two thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Value $2,000–$5,000 — Applies when the value obtained or paid is two thousand dollars or more but less than five thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Value $2,000–$5,000 — Applies when the value obtained or paid is two thousand dollars or more but less than five thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Value $2,000–$5,000 — Applies when the value obtained or paid is two thousand dollars or more but less than five thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Value $5,000–$20,000 — Applies when the value obtained or paid is five thousand dollars or more but less than twenty thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Value $5,000–$20,000 — Applies when the value obtained or paid is five thousand dollars or more but less than twenty thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Value $5,000–$20,000 — Applies when the value obtained or paid is five thousand dollars or more but less than twenty thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Value $20,000–$100,000 — Applies when the value obtained or paid is twenty thousand dollars or more but less than one hundred thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Value $20,000–$100,000 — Applies when the value obtained or paid is twenty thousand dollars or more but less than one hundred thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Value $20,000–$100,000 — Applies when the value obtained or paid is twenty thousand dollars or more but less than one hundred thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Value $100,000–$1,000,000 — Applies when the value obtained or paid is one hundred thousand dollars or more but less than one million dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Value $100,000–$1,000,000 — Applies when the value obtained or paid is one hundred thousand dollars or more but less than one million dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Value $100,000–$1,000,000 — Applies when the value obtained or paid is one hundred thousand dollars or more but less than one million dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Value $1,000,000 or more — Applies when the value obtained or paid is one million dollars or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Value $1,000,000 or more — Applies when the value obtained or paid is one million dollars or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Value $1,000,000 or more — Applies when the value obtained or paid is one million dollars or more.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is unauthorized use of a financial transaction device classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Value less than $300 | petty offense | Applies when the value of cash, credit, property, or services obtained or financial payments made is less than three hundred dollars. | 18-5-702(3)(c) |
| Value $300–$1,000 | class 2 misdemeanor | Applies when the value obtained or paid is three hundred dollars or more but less than one thousand dollars. | 18-5-702(3)(d) |
| Value $1,000–$2,000 | class 1 misdemeanor | Applies when the value obtained or paid is one thousand dollars or more but less than two thousand dollars. | 18-5-702(3)(e) |
| Value $2,000–$5,000 | class 6 felony | Applies when the value obtained or paid is two thousand dollars or more but less than five thousand dollars. | 18-5-702(3)(f) |
| Value $5,000–$20,000 | class 5 felony | Applies when the value obtained or paid is five thousand dollars or more but less than twenty thousand dollars. | 18-5-702(3)(g) |
| Value $20,000–$100,000 | class 4 felony | Applies when the value obtained or paid is twenty thousand dollars or more but less than one hundred thousand dollars. | 18-5-702(3)(h) |
| Value $100,000–$1,000,000 | class 3 felony | Applies when the value obtained or paid is one hundred thousand dollars or more but less than one million dollars. | 18-5-702(3)(i) |
| Value $1,000,000 or more | class 2 felony | Applies when the value obtained or paid is one million dollars or more. | 18-5-702(3)(j) |
Common questions about unauthorized use of a financial transaction device in Colorado
Is unauthorized use of a financial transaction device a felony or a misdemeanor in Colorado?
It depends on the circumstances: unauthorized use of a financial transaction device ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-5-702.
Value less than $300: petty offense (C.R.S. § 18-5-702(3)(c)) · Value $300–$1,000: class 2 misdemeanor (C.R.S. § 18-5-702(3)(d)) · Value $1,000–$2,000: class 1 misdemeanor (C.R.S. § 18-5-702(3)(e)) · Value $2,000–$5,000: class 6 felony (C.R.S. § 18-5-702(3)(f)) · Value $5,000–$20,000: class 5 felony (C.R.S. § 18-5-702(3)(g)) · Value $20,000–$100,000: class 4 felony (C.R.S. § 18-5-702(3)(h)) · Value $100,000–$1,000,000: class 3 felony (C.R.S. § 18-5-702(3)(i)) · Value $1,000,000 or more: class 2 felony (C.R.S. § 18-5-702(3)(j))
What are the penalties for unauthorized use of a financial transaction device in Colorado?
Penalties for unauthorized use of a financial transaction device 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 unauthorized use of a financial transaction device?
Unauthorized use of a financial transaction device is governed by C.R.S. § 18-5-702 (Unauthorized use of a financial transaction device).
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.