Colorado Embezzlement and Forgery Laws: Penalties (2026)

Colorado's criminal code folds private embezzlement into theft. Under C.R.S. 18-4-403, any law that mentions "embezzlement (except embezzlement of public moneys)" is read as if it said theft, so the conduct of an employee or agent who keeps money held for someone else falls under the theft statute, 18-4-401, which is generally a felony at $2,000 or more. A public servant who converts public money or property commits a separately named crime, embezzlement of public property (18-8-407), a class 5 felony at any value. Forgery of money, deeds, contracts, commercial instruments and other listed documents is a class 5 felony under 18-5-102. For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Colorado statutes that reach embezzlement-type conduct (C.R.S. 18-4-401, 18-4-403, 18-4-405 and 18-4-413), crimes against at-risk persons (18-6.5-102 and 18-6.5-103(5) and (7.5)), embezzlement of public property and the public-servant sections 18-8-402 and 18-8-404 to 18-8-407, the office and pension rules in 24-13-112 and 24-51-212, bank and savings and loan insider offenses (11-107-107, 11-107-108 and 11-41-127), failure-to-pay-over offenses (18-5-502, 18-5-505), commercial bribery (18-5-401), the forgery and related offenses in article 5 of Title 18 named below, sentencing under 18-1.3-104, 18-1.3-401, 18-1.3-501, 18-1.3-503 and 18-1.3-801, and the time limits in 16-5-401. It does not cover the full theft value and property table (see Colorado theft laws), identity theft in depth, restitution, scams and victim reporting, federal offenses, civil lawsuits beyond 18-4-405, or local ordinances.

What is embezzlement in Colorado?

For private property, embezzlement is theft. Section 18-4-403 reads:

"If any law of this state refers to or mentions larceny, stealing, embezzlement (except embezzlement of public moneys), false pretenses, confidence games, or shoplifting, that law shall be interpreted as if the word theft were substituted therefor; and in the enactment of sections 18-4-401 to 18-4-403 it is the intent of the general assembly to define one crime of theft and to incorporate therein such crimes, thereby removing distinctions and technicalities which previously existed in the pleading and proof of such crimes."

The theft statute, 18-4-401(1), provides that a person commits theft "when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception," and acts with one of the intents listed in that subsection, the first being that the person "(a) Intends to deprive the other person permanently of the use or benefit of the thing of value." Under 18-4-401(1.5), "a thing of value is that of another if anyone other than the defendant has a possessory or proprietary interest therein."

Outside that merger, two statutes still use the word embezzlement: embezzlement of public property by a public servant (18-8-407) and, in the banking code, embezzlement or misapplication of bank funds (11-107-107). Both are covered below.

Is embezzlement a felony in Colorado?

Generally yes, at $2,000 or more. Section 18-4-401(2) grades theft by value:

• $1 million or more: class 2 felony.
• $100,000 to under $1 million: class 3 felony.
• $20,000 to under $100,000: class 4 felony.
• $5,000 to under $20,000: class 5 felony.
• $2,000 to under $5,000: class 6 felony.
• $1,000 to under $2,000: class 1 misdemeanor.
• $300 to under $1,000: class 2 misdemeanor.
• Under $300: petty offense.

Some rules override the value ladder. Theft of a firearm is a class 6 felony "regardless of the value of the firearm" (18-4-401(2.3)). "Theft from the person of another by means other than the use of force, threat, or intimidation is a class 5 felony without regard to the value of the thing taken" (18-4-401(5)). Theft from an at-risk person is graded separately, as described below. Our Colorado theft laws page covers the rest of the theft statute.

Adding up repeated takings

Section 18-4-401(4) allows aggregation in two situations:

"(a) When a person commits theft twice or more within a period of six months, two or more of the thefts may be aggregated and charged in a single count, in which event the thefts so aggregated and charged shall constitute a single offense, the penalty for which shall be based on the aggregate value of the things involved, pursuant to subsection (2) of this section. (b) When a person commits theft twice or more against the same person pursuant to one scheme or course of conduct, the thefts may be aggregated and charged in a single count, in which event they shall constitute a single offense, the penalty for which shall be based on the aggregate value of the things involved, pursuant to subsection (2) of this section."

Repeat offenders

Section 18-4-413 sets a repeat rule for theft from stores. Under 18-4-413, a person convicted of felony theft from a store "who within the immediately preceding four years was twice convicted of felony theft, which felony theft was each time from a store, shall be sentenced to at least the minimum term provided for such offense" and "shall not be eligible for probation or suspension of sentence." A "store" for this purpose "means any establishment primarily engaged in the sale of goods at retail." Under 18-4-413(3), "The mandatory sentencing requirements specified in subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401 (4)."

Colorado's habitual criminal statute, 18-1.3-801, also reaches felony theft. Under 18-1.3-801(1.5), a person convicted of a class 1 to 5 felony who, within ten years of the offense, "has been twice previously convicted" of a felony on charges separately brought and tried, arising out of separate criminal episodes, is punished by "a term of three times the maximum of the presumptive range." With three prior felony convictions, 18-1.3-801(2)(a)(I) sets "a term of four times the maximum of the presumptive range." Both subsections are subject to the exceptions the statute lists.

Colorado sentencing ranges

For a felony committed on or after July 1, 2020, 18-1.3-401(1)(a)(V.5)(A) sets presumptive ranges:

• Class 2 felony: 8 to 24 years, with 3 years of mandatory parole (5 years for a crime of violence).
• Class 3 felony: 4 to 12 years, with 3 years of mandatory parole.
• Class 4 felony: 2 to 6 years, with 3 years of mandatory parole.
• Class 5 felony: 1 to 3 years, with 2 years of mandatory parole.
• Class 6 felony: 1 year to 18 months, with 1 year of mandatory parole.

These are the ranges for a prison sentence. Under 18-1.3-104(1)(a), "The defendant may be granted probation unless any provision of law makes him or her ineligible for probation," and 18-1.3-401(1)(a)(III)(A) allows a fine "in addition to, or in lieu of, any sentence to imprisonment, probation, community corrections, or work release," subject to the exceptions it lists.

The fine ranges in 18-1.3-401(1)(a)(III)(A) are $5,000 to $1 million for a class 2 felony, $3,000 to $750,000 for class 3, $2,000 to $500,000 for class 4, and $1,000 to $100,000 for classes 5 and 6. If the court finds extraordinary mitigating or aggravating circumstances, "it may impose a sentence which is lesser or greater than the presumptive range; except that in no case shall the term of sentence be greater than twice the maximum nor less than one-half the minimum term authorized in the presumptive range" (18-1.3-401(6)).

In some cases the longer range is required. If the court sentences the defendant to incarceration, 18-1.3-401(8)(a) requires "a term of at least the midpoint in the presumptive range but not more than twice the maximum term" when a listed circumstance is present, including that the defendant "was on parole for another felony" or on probation for another felony when the felony was committed. Section 18-1.3-401(9) requires a term from the minimum up to twice the maximum when, among other listed circumstances, the defendant was on bond for a felony in a previous case and was convicted of a felony in that case, or "was under a deferred judgment and sentence for another felony." For a theft felony under part 4 of article 4, or a felony under part 1, 2, 3 or 5 of article 5 (which include forgery, fraud by check and failure to pay over), committed against a person 60 or older, 18-1.3-401(1)(a)(III)(A.5) requires "a mandatory and substantial fine within the limits permitted by law."

For offenses on or after March 1, 2022, a class 1 misdemeanor carries up to 364 days, a fine up to $1,000, or both, and a class 2 misdemeanor up to 120 days, a fine up to $750, or both (18-1.3-501(1)(a.5)). A petty offense carries "a fine of not more than three hundred dollars, imprisonment for not more than ten days in a county jail, or both" (18-1.3-503(1.5)). For the full class table, see our page on Colorado felony and misdemeanor classes.

Theft from and exploitation of at-risk persons

Colorado grades theft against older and disabled victims far above the ordinary value ladder. Section 18-6.5-103(5) provides:

"Any person who commits theft, and commits any element or portion of the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk person, or who commits theft against an at-risk person while acting in a position of trust, whether or not in the presence of the victim, or who commits theft against an at-risk person knowing the victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk person by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken."

A separate offense reaches exploitation that may not fit the theft definition. Under 18-6.5-103(7.5)(a), "a person commits criminal exploitation of an at-risk person when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value." It is a class 3 felony "if the thing of value is five hundred dollars or greater" and a class 5 felony if less (18-6.5-103(7.5)(b)).

The definitions in 18-6.5-102 include:

• "At-risk adult" means "any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (11) of this section."
• "At-risk elder" means "any person who is seventy years of age or older."
• "Position of trust" means "assuming a responsibility, duty, or fiduciary relationship toward an at-risk adult or at-risk juvenile."
• "Undue influence" means "the use of influence to take advantage of an at-risk person's vulnerable state of mind, neediness, pain, or emotional distress."

For the wider picture of money scams aimed at older people, see our guide to elder fraud. For reporting fraud in Colorado, see our guide to Colorado scam and fraud laws.

Embezzlement of public property and official misconduct

Embezzlement of public property (18-8-407)

This is the one embezzlement offense Colorado's criminal code still names. Section 18-8-407 provides:

"(1) Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property of the state or of any political subdivision of the state, and who knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by law is guilty of embezzlement of public property. Every person convicted under the provisions of this section shall be forever thereafter ineligible and disqualified from being a member of the general assembly of this state or from holding any office of trust or profit in this state. (2) Embezzlement of public property is a class 5 felony."

The class does not depend on the amount, and the disqualification from office is permanent.

Two rules outside the criminal code also apply. Under 24-13-112, if an officer "embezzles or appropriates to his own use any money which may be paid to him by virtue of his office and is convicted therefor, the court pronouncing such judgment shall declare the office held by such officer to be vacant." Public employees' retirement association (PERA) funds are generally not subject to legal process, but 24-51-212(1) makes an exception "for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property."

Other offenses by public servants

• First degree official misconduct (18-8-404): a public servant who, "with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another," knowingly commits an unauthorized exercise of an official function, refrains from a duty imposed by law, or violates a statute, rule or regulation relating to the office. A class 1 misdemeanor.
• Second degree official misconduct (18-8-405): a petty offense.
• Misuse of official information (18-8-402): a public servant who, relying on information from the office that "has not been made public" or in contemplation of official action, acquires a pecuniary interest that may be affected by it, speculates or wagers on it, or aids another to do so "with intent to confer on any person a special pecuniary benefit." A class 5 felony.
• Issuing a false certificate (18-8-406): a public servant "authorized by law to make and issue official certificates" who issues one "containing a statement which he knows to be false" commits a class 6 felony.

Banks and financial institutions

The banking code keeps its own embezzlement offense. Under 11-107-107, "It is a criminal offense for any officer, director, shareholder, or employee of any bank to directly or indirectly embezzle, abstract, or misapply, or cause to be embezzled, abstracted, or misapplied, any of the funds or securities or other property of or under the control of the bank with intent to deceive, injure, cheat, wrong, or defraud any person."

Section 11-107-108(1) sets the grade: a person responsible for an act declared a criminal offense by the banking code "(a) Commits a class 2 misdemeanor; (b) If the act or omission was intended to defraud, commits a class 6 felony and shall be punished as provided in section 18-1.3-401."

In the criminal code, 18-5-210 makes it a class 6 felony for an officer, manager or other person directing a financial institution to knowingly receive or permit the receipt of "a deposit or investment, knowing that the institution is insolvent."

Savings and loan associations have a separate rule. Under 11-41-127(1), an officer, director, agent or employee of a savings and loan association who commits or causes "theft, abstraction, or misapplication" of its funds or property "with intent to deceive, injure, cheat, wrong, or defraud any person, commits a class 5 felony."

Failure to pay over collected proceeds

Two sections in article 5 cover people who collect money they owe to a creditor and keep it: failure to pay over assigned accounts (18-5-502) and failure to pay over proceeds of secured property (18-5-505). Both use a value ladder. Under 18-5-502(2), the offense is a petty offense under $300, a class 2 misdemeanor from $300 to under $1,000, a class 1 misdemeanor from $1,000 to under $2,000, "a class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars," and a class 5 felony from $5,000 to under $20,000, with higher felony classes above that.

Commercial bribery

Under 18-5-401(1), "A person commits a class 6 felony if he solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as" an agent or employee, a trustee, guardian or other fiduciary, or one of the other roles the subsection lists.

What is forgery in Colorado?

Colorado has two degrees of forgery, set by the kind of instrument. Section 18-5-102(1) provides that "a person commits forgery, if, with intent to defraud, the person falsely makes, completes, alters, or utters a written instrument that is or purports to be, or that is calculated to become or to represent if completed" one of the listed types. The list includes money and securities, and:

"(c) A deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or (d) A public record or an instrument filed or required by law to be filed or legally fileable in or with a public office or public servant; or (e) A written instrument officially issued or created by a public office, public servant, or government agency"

Under 18-5-102(2), "Forgery is a class 5 felony." There is no dollar grading. Section 18-5-102(3) adds: "Uttering a forged document to a peace officer shall create a presumption that the person intended to defraud such peace officer."

Second degree forgery (18-5-104): "A person commits second degree forgery if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument of a kind not described in section 18-5-102 or 18-5-104.5." It is a class 2 misdemeanor.

Key definitions (18-5-101)

The definitions apply to 18-5-101 to 18-5-110:

• "Forged instrument" means "a written instrument which has been falsely made, completed, or altered."
• "Utter" means "to transfer, pass, or deliver, or attempt or cause to be transferred, passed, or delivered, to another person any written instrument, article, or thing." Uttering is therefore part of the forgery offense.
• "Written instrument" means "any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying, or recording information, and any money, credit card, token, stamp, seal, badge, or trademark or any evidence or symbol of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person."

Is signing someone else's name on a check forgery?

Section 18-5-101(4) answers this only through its definition: "To falsely make a written instrument means to make or draw a written instrument, whether complete or incomplete, which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, he did not authorize the making or the drawing thereof." Forgery also requires "intent to defraud." Commercial instruments and promissory notes are among the instrument types listed in 18-5-102(1)(c).

If you are dealing with a forged or washed check as the victim, our guide to mail theft and check washing covers reporting and bank steps.

Possessing a forged instrument

• Criminal possession of a forged instrument (18-5-105): "A person commits a class 6 felony when, with knowledge that it is forged and with intent to use to defraud, such person possesses any forged instrument of a kind described in section 18-5-102."
• Criminal possession of a second degree forged instrument (18-5-107): possessing a forged instrument of a kind covered by 18-5-104, knowing it is forged and with intent to defraud, is a petty offense.
• Merger (18-5-108): "A person may not be convicted of both forgery and criminal possession of a forged instrument with respect to the same written instrument."

Other offenses in article 5

• Use of a forged academic record (18-5-104.5): a class 2 misdemeanor.
• Criminal possession of forgery devices (18-5-109): a class 5 felony under subsection (1)(a), (1)(b) or (1)(d), and a class 6 felony under (1)(c).
• Criminal simulation (18-5-110): a class 2 misdemeanor.
• Trademark counterfeiting (18-5-110.5) and unlawful use of slugs (18-5-111) are also in this part.
• Obtaining signature by deception (18-5-112): "by deception and with intent to defraud or to acquire a benefit for himself or another, he causes another to sign or execute a written instrument." A class 2 misdemeanor.
• Criminal impersonation (18-5-113): graded by subsection: a class 5 felony under (1)(a)(I) or (II), a class 6 felony under (1)(a)(III) or (1)(b)(I), a class 1 misdemeanor under (1)(b)(II), and a class 2 misdemeanor under (1)(b)(III), which covers assuming a false identity or capacity and acting in it to gain a benefit or to injure or defraud another.
• Offering a false instrument for recording (18-5-114): a class 5 felony in the first degree (with intent to defraud) and a class 2 misdemeanor in the second degree.
• Vehicular document piracy (18-5-121): making or selling a document that simulates an official Department of Revenue vehicle or identification document "is a civil infraction and is punishable by a fine of not more than one thousand dollars."
• Fraud by check (18-5-205): issuing a check with intent to defraud, knowing of insufficient funds, graded by amount; it is a class 6 felony for a check of $2,000 to under $5,000, or for two or more checks within 60 days totaling that much.
• Forgery devices for financial transaction devices (18-5-706): "Possession of a forgery device is a class 5 felony."
• Identity theft (18-5-902): using another's identifying information without permission to obtain a thing of value, among other acts, is a class 4 felony under (1)(a) or (1)(c); the possession forms are a class 2 misdemeanor, or a class 5 felony with three or more financial devices or persons' information. Our page on Colorado identity theft laws covers it in detail.
• Criminal possession of an identification document (18-5-903.5): one or more documents issued to the same individual is a class 2 misdemeanor, and "two or more identification documents, of which at least two are issued to different persons, is a class 6 felony."

Colorado embezzlement and forgery offenses at a glance

Felony prison ranges are the presumptive ranges for a prison sentence in 18-1.3-401(1)(a)(V.5)(A) for offenses on or after July 1, 2020, and fines come from 18-1.3-401(1)(a)(III)(A). Misdemeanor and petty-offense maximums come from 18-1.3-501 and 18-1.3-503. For the full class table, see our page on Colorado felony and misdemeanor classes.

Civil recovery for theft (18-4-405)

Under 18-4-405, "All property obtained by theft, robbery, or burglary shall be restored to the owner," and in an action to recover it, "the owner may recover two hundred dollars or three times the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good-faith purchaser or good-faith holder of the property."

How long does Colorado have to charge embezzlement or forgery?

Section 16-5-401 sets these rules:

• Forgery: "any forgery regardless of the penalty provided" has no limit.
• Other felonies: three years; misdemeanors 18 months; petty offenses six months.
• Discovery rule: the period "begins to run upon discovery of the criminal act" for theft under 18-4-401, for "offenses relating to abuse of public office, pursuant to part 4 of article 8 of title 18," and for "embezzlement or misapplication of funds, pursuant to section 11-107-107," among others listed in 16-5-401(4.5).
• Extension for public offenses: the period "shall be extended for an additional three years" for offenses charged under sections including 18-8-402, 18-8-406 and 18-8-407 (16-5-401(5)).
• Series of acts: when an offense is based on a series of acts performed at different times, the period "starts at the time when the last act in the series of acts is committed" (16-5-401(4)).
• Absence from Colorado: the period is tolled while the person is absent from the state, and up to five years of absence is excluded (16-5-401(2)).

Our Colorado statute of limitations page has the periods for other cases.

Recent changes

• Misdemeanor reform, March 1, 2022: SB 21-271 reduced misdemeanors to two classes for offenses on or after March 1, 2022, and amended the lower theft tiers and the second degree forgery section.
• HB 25-1062, effective June 2, 2025: made theft of a firearm a class 6 felony regardless of value (18-4-401(2.3)).
• HB 25-1076, effective August 6, 2025: added vehicular document piracy, a civil infraction (18-5-121).
• HB 26-1283, effective June 3, 2026: amended criminal possession of an identification document (18-5-903.5); the act applies to conduct occurring on or after June 3, 2026.

The base embezzlement and forgery sections, 18-4-403, 18-5-102, 18-5-104, 18-6.5-103 and 18-8-407, carry no 2025 or 2026 amendment in the 2026 edition of the statutes.

Federal law

Federal law also reaches embezzlement from banks and federal programs and wire or mail fraud schemes; the embezzlement and forgery laws hub covers those statutes.

Related pages

• Embezzlement and forgery laws by state
• Colorado theft laws
• Colorado felony and misdemeanor classes
• Colorado identity theft laws
• Colorado scam and fraud laws
• Colorado statute of limitations

This article is general legal information about Colorado criminal statutes, not legal advice. For a specific situation, contact a lawyer licensed in Colorado.

Last updated: 2026-10-17.

Frequently Asked Questions

Is embezzlement a crime in Colorado?

Yes. Private embezzlement is theft: 18-4-403 directs that any law mentioning embezzlement, except embezzlement of public moneys, be read as if the word theft were substituted. Embezzlement of public property by a public servant remains a separately named class 5 felony under 18-8-407.

Is embezzlement a felony in Colorado?

Generally yes at $2,000 or more. Under 18-4-401(2), theft is a class 6 felony from $2,000, a class 5 felony from $5,000, a class 4 felony from $20,000, a class 3 felony from $100,000 and a class 2 felony at $1 million; below $2,000 it is a misdemeanor or petty offense unless a rule such as theft from an at-risk person or from the person applies.

What is the penalty for embezzlement in Colorado?

For offenses committed on or after July 1, 2020, 18-1.3-401 sets presumptive prison ranges of 1 year to 18 months for a class 6 felony, 1 to 3 years for class 5, 2 to 6 years for class 4, 4 to 12 years for class 3 and 8 to 24 years for class 2, with fines from $1,000 up to $1 million depending on the class. These are ranges for a prison sentence; probation may be granted unless a law makes the person ineligible. Extraordinary aggravating circumstances can allow, and in listed circumstances such as an offense committed on parole or probation for another felony require, a longer term up to twice the presumptive maximum.

Can several small thefts from an employer be combined in Colorado?

They may be. Under 18-4-401(4), thefts committed twice or more within six months, or twice or more against the same person under one scheme or course of conduct, may be aggregated in a single count, with the penalty based on the total value.

What happens to a Colorado public official who embezzles public money?

A public servant who knowingly converts public money or property to an unauthorized use commits embezzlement of public property, a class 5 felony regardless of amount, and is forever ineligible for the general assembly or any office of trust or profit in Colorado (18-8-407). The limitation period runs from discovery and is extended three more years (16-5-401).

Is taking money from an elderly person a separate crime in Colorado?

Section 18-6.5-103(5) grades theft against an at-risk person, which includes anyone 70 or older, more severely when the thief acted in a position of trust, knew the victim was at-risk, or committed part of the theft in the victim's presence: a class 5 felony under $500 and a class 3 felony at $500 or more. Criminal exploitation of an at-risk person under 18-6.5-103(7.5) is graded the same way.

Is forgery a felony in Colorado?

It depends on the instrument. Forgery of the instruments listed in 18-5-102, such as money, securities, deeds, wills, contracts, commercial instruments and public records, is a class 5 felony at any value. Forging any other kind of written instrument is second degree forgery, a class 2 misdemeanor, under 18-5-104.

What is uttering a forged instrument in Colorado?

Uttering is part of forgery. Section 18-5-102 covers a person who, with intent to defraud, falsely makes, completes, alters or utters a listed instrument, and 18-5-101(8) defines utter as to transfer, pass or deliver, or attempt or cause that, to another person.

How long does Colorado have to charge embezzlement or forgery?

Under 16-5-401, any forgery may be prosecuted with no time limit. Most other felonies have three years, and for theft the period begins on discovery of the criminal act; embezzlement of public property gets an additional three years.