Colorado criminal charge
Insurance fraud in Colorado
Insurance fraud is a criminal offense under Colorado law, defined by C.R.S. § 18-5-211. 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. § 18-5-211.
What is the penalty for insurance fraud in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 120 days (no statutory minimum) (Insurance fraud - fraudulent application (1)(a) — Applies when insurance fraud is committed in violation of subsection (1)(a), i.e., fraudulent application or request for issuance, modification, or renewal of a policy.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Insurance fraud - fraudulent application (1)(a) — Applies when insurance fraud is committed in violation of subsection (1)(a), i.e., fraudulent application or request for issuance, modification, or renewal of a policy.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Insurance fraud - fraudulent claim or evidence of insurance (1)(b)-(1)(e), (3) — Applies when insurance fraud is committed in violation of subsections (1)(b) through (1)(e) (false claims, staged accidents, out-of-period claims, false supporting statements) or subsection (3) (false certificate or evidence of insurance).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Insurance fraud - fraudulent claim or evidence of insurance (1)(b)-(1)(e), (3) — Applies when insurance fraud is committed in violation of subsections (1)(b) through (1)(e) (false claims, staged accidents, out-of-period claims, false supporting statements) or subsection (3) (false certificate or evidence of insurance).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Insurance fraud - fraudulent claim or evidence of insurance (1)(b)-(1)(e), (3) — Applies when insurance fraud is committed in violation of subsections (1)(b) through (1)(e) (false claims, staged accidents, out-of-period claims, false supporting statements) or subsection (3) (false certificate or evidence of insurance).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Insurance fraud - misappropriation of premium funds (2) — Applies when a person knowingly moves, diverts, or misappropriates premium or unearned premium funds without authorization or lawful justification, as described in subsection (2).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Insurance fraud - misappropriation of premium funds (2) — Applies when a person knowingly moves, diverts, or misappropriates premium or unearned premium funds without authorization or lawful justification, as described in subsection (2).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Insurance fraud - misappropriation of premium funds (2) — Applies when a person knowingly moves, diverts, or misappropriates premium or unearned premium funds without authorization or lawful justification, as described in subsection (2).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is insurance fraud classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Insurance fraud - fraudulent application (1)(a) | class 2 misdemeanor | Applies when insurance fraud is committed in violation of subsection (1)(a), i.e., fraudulent application or request for issuance, modification, or renewal of a policy. | 18-5-211(4)(a) |
| Insurance fraud - fraudulent claim or evidence of insurance (1)(b)-(1)(e), (3) | class 6 felony | Applies when insurance fraud is committed in violation of subsections (1)(b) through (1)(e) (false claims, staged accidents, out-of-period claims, false supporting statements) or subsection (3) (false certificate or evidence of insurance). | 18-5-211(4)(b) |
| Insurance fraud - misappropriation of premium funds (2) | class 5 felony | Applies when a person knowingly moves, diverts, or misappropriates premium or unearned premium funds without authorization or lawful justification, as described in subsection (2). | 18-5-211(4)(c) |
Common questions about insurance fraud in Colorado
Is insurance fraud a felony or a misdemeanor in Colorado?
It depends on the circumstances: insurance fraud ranges from a class 2 misdemeanor to a class 5 felony in Colorado under C.R.S. § 18-5-211.
Insurance fraud - fraudulent application (1)(a): class 2 misdemeanor (C.R.S. § 18-5-211(4)(a)) · Insurance fraud - fraudulent claim or evidence of insurance (1)(b)-(1)(e), (3): class 6 felony (C.R.S. § 18-5-211(4)(b)) · Insurance fraud - misappropriation of premium funds (2): class 5 felony (C.R.S. § 18-5-211(4)(c))
What are the penalties for insurance fraud in Colorado?
Penalties for insurance fraud in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 5 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 insurance fraud?
Insurance fraud is governed by C.R.S. § 18-5-211 (Insurance fraud - definitions).
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.