Colorado criminal charge
Vehicular eluding in Colorado
Vehicular eluding is a criminal offense under Colorado law, defined by C.R.S. § 18-9-116.5. 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. § 18-9-116.5.
What is the penalty for vehicular eluding in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Vehicular eluding (base offense) — Applies when vehicular eluding does not result in bodily injury or death to another person.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Vehicular eluding (base offense) — Applies when vehicular eluding does not result in bodily injury or death to another person.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Vehicular eluding (base offense) — Applies when vehicular eluding does not result in bodily injury or death to another person.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Vehicular eluding resulting in bodily injury — Applies when the vehicular eluding results in bodily injury to another person.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Vehicular eluding resulting in bodily injury — Applies when the vehicular eluding results in bodily injury to another person.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Vehicular eluding resulting in bodily injury — Applies when the vehicular eluding results in bodily injury to another person.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Vehicular eluding resulting in death — Applies when the vehicular eluding results in the death of another person.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Vehicular eluding resulting in death — Applies when the vehicular eluding results in the death of another person.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Vehicular eluding resulting in death — Applies when the vehicular eluding results in the death of another person.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is vehicular eluding classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Vehicular eluding (base offense) | Class 5 Felony | Applies when vehicular eluding does not result in bodily injury or death to another person. | 18-9-116.5(2)(a) |
| Vehicular eluding resulting in bodily injury | Class 4 Felony | Applies when the vehicular eluding results in bodily injury to another person. | 18-9-116.5(2)(a) |
| Vehicular eluding resulting in death | Class 3 Felony | Applies when the vehicular eluding results in the death of another person. | 18-9-116.5(2)(a) |
Common questions about vehicular eluding in Colorado
Is vehicular eluding a felony or a misdemeanor in Colorado?
It depends on the circumstances: vehicular eluding ranges from a Class 5 Felony to a Class 3 Felony in Colorado under C.R.S. § 18-9-116.5.
Vehicular eluding (base offense): Class 5 Felony (C.R.S. § 18-9-116.5(2)(a)) · Vehicular eluding resulting in bodily injury: Class 4 Felony (C.R.S. § 18-9-116.5(2)(a)) · Vehicular eluding resulting in death: Class 3 Felony (C.R.S. § 18-9-116.5(2)(a))
What are the penalties for vehicular eluding in Colorado?
Penalties for vehicular eluding in Colorado depend on how it is classified — from a Class 5 Felony up to a Class 3 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 vehicular eluding?
Vehicular eluding is governed by C.R.S. § 18-9-116.5 (Vehicular eluding).
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.