Colorado criminal charge
Bias-motivated crimes in Colorado
Bias-motivated crimes is a criminal offense under Colorado law, defined by C.R.S. § 18-9-121. 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. § 18-9-121.
What is the penalty for bias-motivated crimes in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Bias-motivated crime — fear of imminent lawless action or property damage — Commission of a bias-motivated crime as described in subsection (2)(b) (placing another in fear of imminent lawless action) is a class 1 misdemeanor.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Bias-motivated crime — fear of imminent lawless action or property damage — Commission of a bias-motivated crime as described in subsection (2)(b) (placing another in fear of imminent lawless action) is a class 1 misdemeanor.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (Bias-motivated crime — property damage/destruction — Commission of a bias-motivated crime as described in subsection (2)(c) (knowingly causing damage to or destruction of property) is a class 1 misdemeanor.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Bias-motivated crime — property damage/destruction — Commission of a bias-motivated crime as described in subsection (2)(c) (knowingly causing damage to or destruction of property) is a class 1 misdemeanor.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Bias-motivated crime — bodily injury — Commission of a bias-motivated crime as described in subsection (2)(a) (knowingly causing bodily injury) is a class 5 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Bias-motivated crime — bodily injury — Commission of a bias-motivated crime as described in subsection (2)(a) (knowingly causing bodily injury) is a class 5 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Bias-motivated crime — bodily injury — Commission of a bias-motivated crime as described in subsection (2)(a) (knowingly causing bodily injury) is a class 5 felony.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Bias-motivated crime — bodily injury with aid/abet by others — Commission of a bias-motivated crime as described in subsection (2)(a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during commission of the offense.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Bias-motivated crime — bodily injury with aid/abet by others — Commission of a bias-motivated crime as described in subsection (2)(a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during commission of the offense.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Bias-motivated crime — bodily injury with aid/abet by others — Commission of a bias-motivated crime as described in subsection (2)(a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during commission of the offense.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is bias-motivated crimes classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Bias-motivated crime — fear of imminent lawless action or property damage | Class 1 Misdemeanor | Commission of a bias-motivated crime as described in subsection (2)(b) (placing another in fear of imminent lawless action) is a class 1 misdemeanor. | 18-9-121(3) |
| Bias-motivated crime — property damage/destruction | Class 1 Misdemeanor | Commission of a bias-motivated crime as described in subsection (2)(c) (knowingly causing damage to or destruction of property) is a class 1 misdemeanor. | 18-9-121(3) |
| Bias-motivated crime — bodily injury | Class 5 Felony | Commission of a bias-motivated crime as described in subsection (2)(a) (knowingly causing bodily injury) is a class 5 felony. | 18-9-121(3) |
| Bias-motivated crime — bodily injury with aid/abet by others | Class 4 Felony | Commission of a bias-motivated crime as described in subsection (2)(a) is a class 4 felony if the offender is physically aided or abetted by one or more other persons during commission of the offense. | 18-9-121(3) |
Common questions about bias-motivated crimes in Colorado
Is bias-motivated crimes a felony or a misdemeanor in Colorado?
It depends on the circumstances: bias-motivated crimes ranges from a Class 1 Misdemeanor to a Class 4 Felony in Colorado under C.R.S. § 18-9-121.
Bias-motivated crime — fear of imminent lawless action or property damage: Class 1 Misdemeanor (C.R.S. § 18-9-121(3)) · Bias-motivated crime — property damage/destruction: Class 1 Misdemeanor (C.R.S. § 18-9-121(3)) · Bias-motivated crime — bodily injury: Class 5 Felony (C.R.S. § 18-9-121(3)) · Bias-motivated crime — bodily injury with aid/abet by others: Class 4 Felony (C.R.S. § 18-9-121(3))
What are the penalties for bias-motivated crimes in Colorado?
Penalties for bias-motivated crimes in Colorado depend on how it is classified — from a Class 1 Misdemeanor up to a Class 4 Felony — with the ranges set by 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 bias-motivated crimes?
Bias-motivated crimes is governed by C.R.S. § 18-9-121 (Bias-motivated crimes - legislative declaration).
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.