Colorado criminal charge
Unauthorized absence in Colorado
Unauthorized absence is a criminal offense under Colorado law, defined by C.R.S. § 18-8-208.2. 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. § 18-8-208.2.
What is the penalty for unauthorized absence in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 12 months to 18 months (Unauthorized absence for crime listed in 24-4.1-302(1) or crime of violence — Applies when the underlying crime for which the person was in custody/supervision is listed in section 24-4.1-302(1) or is a crime of violence under section 18-1.3-406, including attempts.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Unauthorized absence for crime listed in 24-4.1-302(1) or crime of violence — Applies when the underlying crime for which the person was in custody/supervision is listed in section 24-4.1-302(1) or is a crime of violence under section 18-1.3-406, including attempts.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Unauthorized absence for crime listed in 24-4.1-302(1) or crime of violence — Applies when the underlying crime for which the person was in custody/supervision is listed in section 24-4.1-302(1) or is a crime of violence under section 18-1.3-406, including attempts.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (Unauthorized absence for other crimes — Applies when the underlying crime is not listed in section 24-4.1-302(1) and is not a crime of violence under section 18-1.3-406, including attempts.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Unauthorized absence for other crimes — Applies when the underlying crime is not listed in section 24-4.1-302(1) and is not a crime of violence under section 18-1.3-406, including attempts.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 4 years to 12 years (Unauthorized absence with protection order violation — Applies when the person knowingly violates a permanent or temporary protection order issued under specified statutes during the commission of unauthorized absence.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Unauthorized absence with protection order violation — Applies when the person knowingly violates a permanent or temporary protection order issued under specified statutes during the commission of unauthorized absence.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Unauthorized absence with protection order violation — Applies when the person knowingly violates a permanent or temporary protection order issued under specified statutes during the commission of unauthorized absence.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is unauthorized absence classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unauthorized absence for crime listed in 24-4.1-302(1) or crime of violence | Class 6 Felony | Applies when the underlying crime for which the person was in custody/supervision is listed in section 24-4.1-302(1) or is a crime of violence under section 18-1.3-406, including attempts. | 18-8-208.2(2)(a) |
| Unauthorized absence for other crimes | Class 2 Misdemeanor | Applies when the underlying crime is not listed in section 24-4.1-302(1) and is not a crime of violence under section 18-1.3-406, including attempts. | 18-8-208.2(2)(b) |
| Unauthorized absence with protection order violation | Class 3 Felony | Applies when the person knowingly violates a permanent or temporary protection order issued under specified statutes during the commission of unauthorized absence. | 18-8-208.2(2)(c) |
Common questions about unauthorized absence in Colorado
Is unauthorized absence a felony or a misdemeanor in Colorado?
It depends on the circumstances: unauthorized absence ranges from a Class 2 Misdemeanor to a Class 3 Felony in Colorado under C.R.S. § 18-8-208.2.
Unauthorized absence for crime listed in 24-4.1-302(1) or crime of violence: Class 6 Felony (C.R.S. § 18-8-208.2(2)(a)) · Unauthorized absence for other crimes: Class 2 Misdemeanor (C.R.S. § 18-8-208.2(2)(b)) · Unauthorized absence with protection order violation: Class 3 Felony (C.R.S. § 18-8-208.2(2)(c))
What are the penalties for unauthorized absence in Colorado?
Penalties for unauthorized absence in Colorado depend on how it is classified — from a Class 2 Misdemeanor up to a Class 3 Felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers unauthorized absence?
Unauthorized absence is governed by C.R.S. § 18-8-208.2 (Unauthorized absence).
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.