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Colorado criminal charge

Possession, use, or removal of explosives or incendiary devices in Colorado

Current through 2026 Colorado legislative session

Possession, use, or removal of explosives or incendiary devices is a criminal offense under Colorado law, defined by C.R.S. § 18-12-109. 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. § 18-12-109.

What is the penalty for possession, use, or removal of explosives or incendiary devices in Colorado?

Penalties for Possession, use, or removal of explosives or incendiary devices
PenaltyRangeBasisAuthority
Jail / prison1 years to 3 years (Possession or control of explosive or incendiary device — A person who knowingly possesses or controls an explosive or incendiary device.)presumptiveC.R.S. § 18-1.3-401
Fine1000 usd to 100000 usd (Possession or control of explosive or incendiary device — A person who knowingly possesses or controls an explosive or incendiary device.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision2 years to 2 years (Possession or control of explosive or incendiary device — A person who knowingly possesses or controls an explosive or incendiary device.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison2 years to 6 years (Manufacture or sending of explosive or incendiary device — A person who knowingly manufactures, gives, mails, sends, or causes to be sent an explosive or incendiary device.)presumptiveC.R.S. § 18-1.3-401
Fine2000 usd to 500000 usd (Manufacture or sending of explosive or incendiary device — A person who knowingly manufactures, gives, mails, sends, or causes to be sent an explosive or incendiary device.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Manufacture or sending of explosive or incendiary device — A person who knowingly manufactures, gives, mails, sends, or causes to be sent an explosive or incendiary device.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison2 years to 6 years (Possession or control of chemical, biological, or radiological weapon — A person who knowingly possesses or controls a chemical, biological, or radiological weapon.)presumptiveC.R.S. § 18-1.3-401
Fine2000 usd to 500000 usd (Possession or control of chemical, biological, or radiological weapon — A person who knowingly possesses or controls a chemical, biological, or radiological weapon.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Possession or control of chemical, biological, or radiological weapon — A person who knowingly possesses or controls a chemical, biological, or radiological weapon.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison4 years to 12 years (Manufacture or sending of chemical, biological, or nuclear weapon — A person who knowingly manufactures, gives, mails, sends, or causes to be sent a chemical, biological, or nuclear weapon.)presumptiveC.R.S. § 18-1.3-401
Fine3000 usd to 750000 usd (Manufacture or sending of chemical, biological, or nuclear weapon — A person who knowingly manufactures, gives, mails, sends, or causes to be sent a chemical, biological, or nuclear weapon.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Manufacture or sending of chemical, biological, or nuclear weapon — A person who knowingly manufactures, gives, mails, sends, or causes to be sent a chemical, biological, or nuclear weapon.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison8 years to 24 years (Use of device or weapon in commission of a felony — A person who knowingly uses, causes to be used, or sends an explosive/incendiary device or chemical, biological, or radiological weapon in the commission of or attempt to commit a felony.)presumptiveC.R.S. § 18-1.3-401
Fine5000 usd to 1000000 usd (Use of device or weapon in commission of a felony — A person who knowingly uses, causes to be used, or sends an explosive/incendiary device or chemical, biological, or radiological weapon in the commission of or attempt to commit a felony.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Use of device or weapon in commission of a felony — A person who knowingly uses, causes to be used, or sends an explosive/incendiary device or chemical, biological, or radiological weapon in the commission of or attempt to commit a felony.; mandatory parole (5 years if crime of violence))mandatoryC.R.S. § 18-1.3-401
Jail / prison2 years to 6 years (Removal of explosive or incendiary device without consent — A person who removes or carries away an explosive or incendiary device from premises where it is lawfully kept, without consent of the lawful possessor.)presumptiveC.R.S. § 18-1.3-401
Fine2000 usd to 500000 usd (Removal of explosive or incendiary device without consent — A person who removes or carries away an explosive or incendiary device from premises where it is lawfully kept, without consent of the lawful possessor.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Removal of explosive or incendiary device without consent — A person who removes or carries away an explosive or incendiary device from premises where it is lawfully kept, without consent of the lawful possessor.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison4 years to 12 years (Removal of chemical, biological, or radiological weapon without consent — A person who removes or carries away a chemical, biological, or radiological weapon from premises where it is lawfully kept, without consent of the lawful possessor.)presumptiveC.R.S. § 18-1.3-401
Fine3000 usd to 750000 usd (Removal of chemical, biological, or radiological weapon without consent — A person who removes or carries away a chemical, biological, or radiological weapon from premises where it is lawfully kept, without consent of the lawful possessor.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Removal of chemical, biological, or radiological weapon without consent — A person who removes or carries away a chemical, biological, or radiological weapon from premises where it is lawfully kept, without consent of the lawful possessor.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison1 years to 3 years (Possession of explosive or incendiary parts — A person who possesses any explosive or incendiary parts.)presumptiveC.R.S. § 18-1.3-401
Fine1000 usd to 100000 usd (Possession of explosive or incendiary parts — A person who possesses any explosive or incendiary parts.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision2 years to 2 years (Possession of explosive or incendiary parts — A person who possesses any explosive or incendiary parts.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison2 years to 6 years (Possession of chemical, biological, or nuclear weapon parts — A person who possesses any chemical weapon, biological weapon, or nuclear weapon parts.)presumptiveC.R.S. § 18-1.3-401
Fine2000 usd to 500000 usd (Possession of chemical, biological, or nuclear weapon parts — A person who possesses any chemical weapon, biological weapon, or nuclear weapon parts.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Possession of chemical, biological, or nuclear weapon parts — A person who possesses any chemical weapon, biological weapon, or nuclear weapon parts.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison1 years to 3 years (Hoax explosive/incendiary device or weapon — A person who manufactures, possesses, sends, or places a false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon.)presumptiveC.R.S. § 18-1.3-401
Fine1000 usd to 100000 usd (Hoax explosive/incendiary device or weapon — A person who manufactures, possesses, sends, or places a false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision2 years to 2 years (Hoax explosive/incendiary device or weapon — A person who manufactures, possesses, sends, or places a false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prison2 years to 6 years (Unauthorized sale of explosive or incendiary devices by permittee — A permit holder or employee who knowingly dispenses, distributes, or sells explosive or incendiary devices to an unauthorized person.)presumptiveC.R.S. § 18-1.3-401
Fine2000 usd to 500000 usd (Unauthorized sale of explosive or incendiary devices by permittee — A permit holder or employee who knowingly dispenses, distributes, or sells explosive or incendiary devices to an unauthorized person.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision3 years to 3 years (Unauthorized sale of explosive or incendiary devices by permittee — A permit holder or employee who knowingly dispenses, distributes, or sells explosive or incendiary devices to an unauthorized person.; mandatory parole)mandatoryC.R.S. § 18-1.3-401

Applies to offenses on/after 2018-07-01.

How is possession, use, or removal of explosives or incendiary devices classified in Colorado?

The classification depends on the circumstances:

Classification variants for Possession, use, or removal of explosives or incendiary devices
VariantClassificationWhen it appliesStatute
Possession or control of explosive or incendiary deviceclass 5 felonyA person who knowingly possesses or controls an explosive or incendiary device.18-12-109(2)(a)
Manufacture or sending of explosive or incendiary deviceclass 4 felonyA person who knowingly manufactures, gives, mails, sends, or causes to be sent an explosive or incendiary device.18-12-109(2)(b)
Possession or control of chemical, biological, or radiological weaponclass 4 felonyA person who knowingly possesses or controls a chemical, biological, or radiological weapon.18-12-109(2.5)(a)
Manufacture or sending of chemical, biological, or nuclear weaponclass 3 felonyA person who knowingly manufactures, gives, mails, sends, or causes to be sent a chemical, biological, or nuclear weapon.18-12-109(2.5)(b)
Use of device or weapon in commission of a felonyclass 2 felonyA person who knowingly uses, causes to be used, or sends an explosive/incendiary device or chemical, biological, or radiological weapon in the commission of or attempt to commit a felony.18-12-109(4)
Removal of explosive or incendiary device without consentclass 4 felonyA person who removes or carries away an explosive or incendiary device from premises where it is lawfully kept, without consent of the lawful possessor.18-12-109(5)
Removal of chemical, biological, or radiological weapon without consentclass 3 felonyA person who removes or carries away a chemical, biological, or radiological weapon from premises where it is lawfully kept, without consent of the lawful possessor.18-12-109(5.5)
Possession of explosive or incendiary partsclass 5 felonyA person who possesses any explosive or incendiary parts.18-12-109(6)
Possession of chemical, biological, or nuclear weapon partsclass 4 felonyA person who possesses any chemical weapon, biological weapon, or nuclear weapon parts.18-12-109(6.5)
Hoax explosive/incendiary device or weaponclass 5 felonyA person who manufactures, possesses, sends, or places a false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon.18-12-109(7)
Unauthorized sale of explosive or incendiary devices by permitteeclass 4 felonyA permit holder or employee who knowingly dispenses, distributes, or sells explosive or incendiary devices to an unauthorized person.18-12-109(8)

Common questions about possession, use, or removal of explosives or incendiary devices in Colorado

Is possession, use, or removal of explosives or incendiary devices a felony or a misdemeanor in Colorado?

It depends on the circumstances: possession, use, or removal of explosives or incendiary devices ranges from a class 5 felony to a class 2 felony in Colorado under C.R.S. § 18-12-109.

Possession or control of explosive or incendiary device: class 5 felony (C.R.S. § 18-12-109(2)(a)) · Manufacture or sending of explosive or incendiary device: class 4 felony (C.R.S. § 18-12-109(2)(b)) · Possession or control of chemical, biological, or radiological weapon: class 4 felony (C.R.S. § 18-12-109(2.5)(a)) · Manufacture or sending of chemical, biological, or nuclear weapon: class 3 felony (C.R.S. § 18-12-109(2.5)(b)) · Use of device or weapon in commission of a felony: class 2 felony (C.R.S. § 18-12-109(4)) · Removal of explosive or incendiary device without consent: class 4 felony (C.R.S. § 18-12-109(5)) · Removal of chemical, biological, or radiological weapon without consent: class 3 felony (C.R.S. § 18-12-109(5.5)) · Possession of explosive or incendiary parts: class 5 felony (C.R.S. § 18-12-109(6)) · Possession of chemical, biological, or nuclear weapon parts: class 4 felony (C.R.S. § 18-12-109(6.5)) · Hoax explosive/incendiary device or weapon: class 5 felony (C.R.S. § 18-12-109(7)) · Unauthorized sale of explosive or incendiary devices by permittee: class 4 felony (C.R.S. § 18-12-109(8))

What are the penalties for possession, use, or removal of explosives or incendiary devices in Colorado?

Penalties for possession, use, or removal of explosives or incendiary devices in Colorado depend on how it is classified — from a class 5 felony up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.

Which Colorado statute covers possession, use, or removal of explosives or incendiary devices?

Possession, use, or removal of explosives or incendiary devices is governed by C.R.S. § 18-12-109 (Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes).

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.