Colorado criminal charge
Unlawful possession or use of license in Colorado
Unlawful possession or use of license is a criminal offense under Colorado law, defined by C.R.S. § 42-2-136. 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. § 42-2-136.
What is the penalty for unlawful possession or use of license in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 120 days (no statutory minimum) (Possession of falsely altered license or permit — Applies when a person violates subsection (1)(a), possessing a lawfully issued license or permit knowing it has been falsely altered.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Possession of falsely altered license or permit — Applies when a person violates subsection (1)(a), possessing a lawfully issued license or permit knowing it has been falsely altered.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Fraudulently obtaining a license or permit — Applies when a person violates subsection (1)(b) by fraudulently obtaining a driver's, minor driver's, or temporary driver's license or instruction permit.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Fraudulently obtaining a license or permit — Applies when a person violates subsection (1)(b) by fraudulently obtaining a driver's, minor driver's, or temporary driver's license or instruction permit.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Possession of falsely made instrument purporting to be a license — Applies when a person violates subsection (2) by possessing a document knowingly falsely made to appear as an authentic license or permit.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Possession of falsely made instrument purporting to be a license — Applies when a person violates subsection (2) by possessing a document knowingly falsely made to appear as an authentic license or permit.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Displaying or representing another's license as one's own — Applies when a person violates subsection (3) by displaying or representing a license lawfully issued to another as their own.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Displaying or representing another's license as one's own — Applies when a person violates subsection (3) by displaying or representing a license lawfully issued to another as their own.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Failure to surrender suspended, revoked, or canceled license — Applies when a person violates subsection (4) by failing or refusing to surrender a suspended, revoked, or canceled license or permit upon lawful demand.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Failure to surrender suspended, revoked, or canceled license — Applies when a person violates subsection (4) by failing or refusing to surrender a suspended, revoked, or canceled license or permit upon lawful demand.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 120 days (no statutory minimum) (Permitting unlawful use of one's own license — Applies when a person violates subsection (5) by permitting unlawful use of a driver's license issued to them.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Permitting unlawful use of one's own license — Applies when a person violates subsection (5) by permitting unlawful use of a driver's license issued to them.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 10 days (no statutory minimum) (Unauthorized reproduction of a driver's license — Applies when a person violates subsection (5.5) by photographing, duplicating, or reproducing a license for distribution, resale, reuse, or data manipulation without authorization.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Unauthorized reproduction of a driver's license — Applies when a person violates subsection (5.5) by photographing, duplicating, or reproducing a license for distribution, resale, reuse, or data manipulation without authorization.) | discretionary | C.R.S. § 18-1.3-503 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is unlawful possession or use of license classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of falsely altered license or permit | class 2 misdemeanor | Applies when a person violates subsection (1)(a), possessing a lawfully issued license or permit knowing it has been falsely altered. | 42-2-136(6)(a) |
| Fraudulently obtaining a license or permit | class 2 misdemeanor | Applies when a person violates subsection (1)(b) by fraudulently obtaining a driver's, minor driver's, or temporary driver's license or instruction permit. | 42-2-136(6)(a) |
| Possession of falsely made instrument purporting to be a license | class 2 misdemeanor | Applies when a person violates subsection (2) by possessing a document knowingly falsely made to appear as an authentic license or permit. | 42-2-136(6)(a) |
| Displaying or representing another's license as one's own | class 2 misdemeanor | Applies when a person violates subsection (3) by displaying or representing a license lawfully issued to another as their own. | 42-2-136(6)(a) |
| Failure to surrender suspended, revoked, or canceled license | class 2 misdemeanor | Applies when a person violates subsection (4) by failing or refusing to surrender a suspended, revoked, or canceled license or permit upon lawful demand. | 42-2-136(6)(a) |
| Permitting unlawful use of one's own license | class 2 misdemeanor | Applies when a person violates subsection (5) by permitting unlawful use of a driver's license issued to them. | 42-2-136(6)(a) |
| Unauthorized reproduction of a driver's license | petty offense | Applies when a person violates subsection (5.5) by photographing, duplicating, or reproducing a license for distribution, resale, reuse, or data manipulation without authorization. | 42-2-136(6)(b) |
Common questions about unlawful possession or use of license in Colorado
Is unlawful possession or use of license a felony or a misdemeanor in Colorado?
It depends on the circumstances: unlawful possession or use of license ranges from a petty offense to a class 2 misdemeanor in Colorado under C.R.S. § 42-2-136.
Possession of falsely altered license or permit: class 2 misdemeanor (C.R.S. § 42-2-136(6)(a)) · Fraudulently obtaining a license or permit: class 2 misdemeanor (C.R.S. § 42-2-136(6)(a)) · Possession of falsely made instrument purporting to be a license: class 2 misdemeanor (C.R.S. § 42-2-136(6)(a)) · Displaying or representing another's license as one's own: class 2 misdemeanor (C.R.S. § 42-2-136(6)(a)) · Failure to surrender suspended, revoked, or canceled license: class 2 misdemeanor (C.R.S. § 42-2-136(6)(a)) · Permitting unlawful use of one's own license: class 2 misdemeanor (C.R.S. § 42-2-136(6)(a)) · Unauthorized reproduction of a driver's license: petty offense (C.R.S. § 42-2-136(6)(b))
What are the penalties for unlawful possession or use of license in Colorado?
Penalties for unlawful possession or use of license in Colorado depend on how it is classified — from a petty offense up to a class 2 misdemeanor — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-503; the full table of ranges by variant is published on this page.
Which Colorado statute covers unlawful possession or use of license?
Unlawful possession or use of license is governed by C.R.S. § 42-2-136 (Unlawful possession or use of license).
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.