Colorado Code
Part 4 - Sentences to Imprisonment
§ 18-1.3-401. Felonies Classified - Presumptive Penalties

(F) If an offender is sentenced consecutively for the commission of two or more felony offenses pursuant to subsection (1)(a)(V.5)(A) of this section, the mandatory period of parole for such offender shall be the mandatory period of parole established for the highest class felony of which such offender has been convicted.

(A.1) Subject to the provisions of subsection (1)(a)(V)(F) of this section, as to any person sentenced for a felony committed on or after July 1, 2018, and prior to July 1, 2020, felonies are divided into six classes that are distinguished from one another by the following presumptive ranges of penalties that are authorized upon conviction:

(II.5) Notwithstanding anything in this section to the contrary, any person sentenced for a sex offense, as defined in section 18-1.3-1003 (5), committed on or after November 1, 1998, may be sentenced to pay a fine in addition to, but not instead of, a sentence for imprisonment or probation pursuant to section 18-1.3-1004 .

(I) The defendant is convicted of a crime of violence under section 18-1.3-406;
(II) The defendant was on parole for another felony at the time of commission of the felony;
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;
(IV) The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of a felony;

(IX) Aggravated robbery, as defined in section 18-4-302;
(X) Child abuse, as defined in section 18-6-401;
(XI) Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, as defined in section 18-18-405;
(XII) Any crime of violence, as defined in section 18-1.3-406;
(XIII) Stalking, as described in section 18-9-111 (4), as it existed prior to August 11, 2010, or section 18-3-602;
(XIV) Sale or distribution of materials to manufacture controlled substances, as described in section 18-18-412.7;
(XV) Felony invasion of privacy for sexual gratification, as described in section 18-3-405.6;
(XVI) A class 3 felony offense of human trafficking for involuntary servitude, as described in section 18-3-503;
(XVII) A class 3 felony offense of human trafficking for sexual servitude, as described in section 18-3-504;
(XVIII) Assault in the second degree, as described in section 18-3-203 (1)(i); and
(XIX) Sexual exploitation of a child, as described in section 18-6-403 (5.5).

Class Presumptive Range 1 Life imprisonment or death 2 Eight to twelve years plus one year of parole 3 Four to eight years plus one year of parole 4 Two to four years plus one year of parole 5 One to two years plus one year of parole
Class Presumptive Range 1 Life imprisonment or death 2 Eight to twelve years 3 Four to eight years 4 Two to four years 5 One to two years
Class Minimum Sentence Maximum Sentence 1 No fine No fine 2 Five thousand dollars One million dollars 3 Three thousand dollars Seven hundred fifty thousand dollars 4 Two thousand dollars Five hundred thousand dollars 5 One thousand dollars One hundred thousand dollars 6 One thousand dollars One hundred thousand dollars
Class Minimum Sentence Maximum Sentence 1 Life imprisonment Death 2 Eight years imprisonment Twenty-four years imprisonment 3 Four years imprisonment Sixteen years imprisonment 4 Two years imprisonment Eight years imprisonment 5 One year imprisonment Four years imprisonment 6 One year imprisonment Two years imprisonment
Class Minimum Maximum Mandatory Period Sentence Sentence of Parole 1 Life imprisonment Death None 2 Eight years Twenty-four years Five years imprisonment imprisonment 3 Four years Twelve years Five years imprisonment imprisonment 4 Two years Six years Three years imprisonment imprisonment 5 One year Three years Two years imprisonment imprisonment 6 One year Eighteen months One year imprisonment imprisonment
Class Minimum Maximum Mandatory Period Sentence Sentence of Parole 1 Life imprisonment Death None 2 Eight years Twenty-four years Five years if the offense imprisonment imprisonment is a crime of violence as described in section 18-1.3-406 (2) Three years if the offense is not a crime of violence as described in section 18-1.3-406 (2) 3 Four years Twelve years Three years imprisonment imprisonment 4 Two years Six years Three years imprisonment imprisonment 5 One year Three years Two years imprisonment imprisonment 6 One year Eighteen months One year imprisonment imprisonment
Class Minimum Maximum Mandatory Period Sentence Sentence of Parole 1 Life imprisonment None 2 Eight years Twenty-four years Five years if imprisonment imprisonment offense is a crime of violence as described in section 18-1.3-406 (2) Three years if the offense is not a crime of violence as described in section 18-1.3-406 (2) 3 Four years Twelve years Three years imprisonment imprisonment 4 Two years Six years Three years imprisonment imprisonment 5 One year Three years Two years imprisonment imprisonment 6 One year Eighteen months One year imprisonment imprisonment
Source: L. 2002: Entire article added with relocations, p. 1392, § 2, effective October 1. L. 2002, 3rd Ex. Sess.: (4) amended, p. 15, § 8, effective October 1. L. 2003: (1)(b)(IV), (4), (8)(d)(I), (8)(e.5), (8)(g), (10)(c), and (11) amended, pp. 1425, 1435, 1429, §§ 4, 32, 13, effective April 29; (1)(a)(VI) amended, p. 2679, § 5, effective July 1; (8)(a)(VI), (9)(a.5), (9)(c.5), and (9)(c.7) amended, p. 1431, § 18, effective July 1; (13)(a)(II) and (13)(a)(III) amended, p. 2163, § 3, effective July 1; (10)(b)(XII) and (10)(b)(XIII) amended and (10)(b)(XIV) added, p. 2387, § 3, effective July 1, 2004. L. 2004: (10)(b)(I) to (10)(b)(VIII) and (10)(c) repealed, p. 633, § 1, effective August 4. L. 2006: (4) amended, p. 1052, § 2, effective May 25. L. 2008: (1)(a)(V)(D) amended, p. 1757, § 6, effective July 1; (1)(a)(III)(A.5) amended, p. 1889, § 54, effective August 5. L. 2009: (14) added, (HB 09-1122), ch. 77, p. 280, § 4, effective October 1. L. 2010: (10)(b)(XIII) amended, (HB 10-1233), ch. 88, p. 296, § 5, effective August 11; (10)(b)(XIII) and (10)(b)(XIV) amended and (10)(b)(XV) added, (SB 10-128), ch. 415, p. 2046, § 5, effective July 1, 2012. L. 2014: IP(1)(a)(V)(A) amended, (SB 14-163), ch. 391, p. 1972, § 10, effective June 6; (10)(b)(XIV) amended and (10)(b)(XVI) and (10)(b)(XVII) added, (HB 14-1273), ch. 282, p. 1154, § 15, effective July 1; (1)(b)(IV) amended, (HB 14-1214), ch. 336, p. 1494, § 1, effective August 6. L. 2015: (1)(a)(V)(B) amended, (HB 15-1122), ch. 37, p. 92, § 7, effective March 20; (1)(b)(IV) amended, (HB 15-1303), ch. 211, p. 772, § 2, effective September 1. L. 2016: (4)(b)(I) amended and (4)(c) added, (SB 16-181), ch. 353, p. 1447, § 1, effective June 10; (10)(b)(XVI) and (10)(b)(XVII) amended and (10)(b)(XVIII) added, (HB 16-1080), ch. 327, p. 1328, § 3, effective July 1. L. 2018: (1)(a)(V) amended, (HB 18-1029), ch. 153, p. 1084, § 1, effective April 23; (1)(a)(III)(A) amended and (1)(a)(III)(F) added, (HB 18-1077), ch. 376, p. 2280, § 2, effective June 6. L. 2020: (1)(a)(V)(A.1) and (4)(a) amended and (1)(a)(V)(F) and (1)(a)(V.5) added, (SB 20-100), ch. 61, p. 209, § 10, effective March 23. L. 2021: (10)(a), IP(10)(b), (10)(b)(XVII), (10)(b)(XVIII) amended and (10)(b)(XIX) added (HB 21-1069), ch. 446, p. 2942, § 4, effective September 7; (4)(c)(I) amended, (SB 21-124), ch. 58, p. 237, § 4, effective September 15; (4)(b)(I) and IP(4)(c)(I) amended, (SB 21-059), ch. 136, p. 719, § 42, effective October 1; (1)(a)(III)(F) amended, (SB 21-271), ch. 462, p. 3170, § 185, effective March 1, 2022.

Cross references: (1) For the legislative declaration contained in the 2002 act amending subsection (4), see section 16 of chapter 1 of the supplement to the Session Laws of Colorado 2002, Third Extraordinary Session. For the legislative declaration contained in the 2003 act amending subsections (10)(b)(XII) and (10)(b)(XIII) and enacting subsection (10)(b)(XIV), see section 1 of chapter 360, Session Laws of Colorado 2003. For the legislative declaration contained in the 2003 act amending subsections (13)(a)(II) and (13)(a)(III), see section 1 of chapter 340, Session Laws of Colorado 2003. For the legislative declaration contained in the 2006 act amending subsection (4), see section 1 of chapter 228, Session Laws of Colorado 2006. For the legislative declaration in HB 15-1122, see section 1 of chapter 37, Session Laws of Colorado 2015.
(2) For the legislative declaration in HB 21-1069 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2024, see sections 1 and 7 of chapter 446, Session Laws of Colorado 2021. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.