Colorado criminal charge
Failure to pay over assigned accounts in Colorado
Failure to pay over assigned accounts is a criminal offense under Colorado law, defined by C.R.S. § 18-5-502. 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. § 18-5-502.
What is the penalty for failure to pay over assigned accounts in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Failure to pay over assigned accounts (<$300) — Applies when the amount is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Failure to pay over assigned accounts (<$300) — Applies when the amount is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Failure to pay over assigned accounts ($300–$1,000) — Applies when the amount 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) (Failure to pay over assigned accounts ($300–$1,000) — Applies when the amount 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) (Failure to pay over assigned accounts ($1,000–$2,000) — Applies when the amount 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) (Failure to pay over assigned accounts ($1,000–$2,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($2,000–$5,000) — Applies when the amount is more than two thousand dollars but less than five thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Failure to pay over assigned accounts ($2,000–$5,000) — Applies when the amount is more than two thousand dollars but less than five thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Failure to pay over assigned accounts ($2,000–$5,000) — Applies when the amount is more than two thousand dollars but less than five thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Failure to pay over assigned accounts ($5,000–$20,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($5,000–$20,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($5,000–$20,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($20,000–$100,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($20,000–$100,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($20,000–$100,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($100,000–$1,000,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($100,000–$1,000,000) — Applies when the amount 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 (Failure to pay over assigned accounts ($100,000–$1,000,000) — Applies when the amount 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 (Failure to pay over assigned accounts (≥$1,000,000) — Applies when the amount is one million dollars or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Failure to pay over assigned accounts (≥$1,000,000) — Applies when the amount is one million dollars or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Failure to pay over assigned accounts (≥$1,000,000) — Applies when the amount 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 failure to pay over assigned accounts classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to pay over assigned accounts (<$300) | petty offense | Applies when the amount is less than three hundred dollars. | 18-5-502(2)(a) |
| Failure to pay over assigned accounts ($300–$1,000) | class 2 misdemeanor | Applies when the amount is three hundred dollars or more but less than one thousand dollars. | 18-5-502(2)(b) |
| Failure to pay over assigned accounts ($1,000–$2,000) | class 1 misdemeanor | Applies when the amount is one thousand dollars or more but less than two thousand dollars. | 18-5-502(2)(c) |
| Failure to pay over assigned accounts ($2,000–$5,000) | class 6 felony | Applies when the amount is more than two thousand dollars but less than five thousand dollars. | 18-5-502(2)(d) |
| Failure to pay over assigned accounts ($5,000–$20,000) | class 5 felony | Applies when the amount is five thousand dollars or more but less than twenty thousand dollars. | 18-5-502(2)(e) |
| Failure to pay over assigned accounts ($20,000–$100,000) | class 4 felony | Applies when the amount is twenty thousand dollars or more but less than one hundred thousand dollars. | 18-5-502(2)(f) |
| Failure to pay over assigned accounts ($100,000–$1,000,000) | class 3 felony | Applies when the amount is one hundred thousand dollars or more but less than one million dollars. | 18-5-502(2)(g) |
| Failure to pay over assigned accounts (≥$1,000,000) | class 2 felony | Applies when the amount is one million dollars or more. | 18-5-502(2)(h) |
Common questions about failure to pay over assigned accounts in Colorado
Is failure to pay over assigned accounts a felony or a misdemeanor in Colorado?
It depends on the circumstances: failure to pay over assigned accounts ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-5-502.
Failure to pay over assigned accounts (<$300): petty offense (C.R.S. § 18-5-502(2)(a)) · Failure to pay over assigned accounts ($300–$1,000): class 2 misdemeanor (C.R.S. § 18-5-502(2)(b)) · Failure to pay over assigned accounts ($1,000–$2,000): class 1 misdemeanor (C.R.S. § 18-5-502(2)(c)) · Failure to pay over assigned accounts ($2,000–$5,000): class 6 felony (C.R.S. § 18-5-502(2)(d)) · Failure to pay over assigned accounts ($5,000–$20,000): class 5 felony (C.R.S. § 18-5-502(2)(e)) · Failure to pay over assigned accounts ($20,000–$100,000): class 4 felony (C.R.S. § 18-5-502(2)(f)) · Failure to pay over assigned accounts ($100,000–$1,000,000): class 3 felony (C.R.S. § 18-5-502(2)(g)) · Failure to pay over assigned accounts (≥$1,000,000): class 2 felony (C.R.S. § 18-5-502(2)(h))
What are the penalties for failure to pay over assigned accounts in Colorado?
Penalties for failure to pay over assigned accounts 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 failure to pay over assigned accounts?
Failure to pay over assigned accounts is governed by C.R.S. § 18-5-502 (Failure to pay over assigned accounts).
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.