Understanding Plea Bargaining – What are the Lowest Possible Felonies? Class Six (6) Felonies in Colorado – Part 1

Plea bargaining in Colorado often is an attempt to “plead down” a higher felony to a lower one or to – in the best circumstance, achieve a plea agreement that avoids a felony altogether. Prosecutors and defense lawyers are always “looking” for class 6 felonies to use. I came across this list some time ago – it provides alternatives where the DA refuses – to plea bargain below a felony – and the client has no other means to defend a strong case.

To locate the exact Colorado legal definitions of these Colorado criminal laws click here.

Class 6 Felonies – 154 Class 6 Felonies in Colorado

Offenses Related to the Election Code

1. False Information Regarding Residence CRS 1-2-228, 1-9-304.5 and CRS 1-13-709.5

Any person who votes by giving a false place of residence commits a class 6 felony.

Offenses Related to Consumer and Commercial Affairs

2. Promoting Pyramid Promotional Scheme CRS 6-1-114

Anyone who is convicted of a second or subsequent offense of promoting a pyramid promotional scheme commits a class 6 felony.

Offenses Related to Labor and Industry

3. Armed Guards CRS 8-2-106

Anyone who brings workmen into this state to guard other persons or property with arms, or removes them from one place to another without a permit from the governor, commits a class 6 felony.

Offenses Related to Industrial and Commercial Safety

4. Willful Negligence to Observe Construction Requirement CRS 9-1-106

If any lives are lost by reason of the willful negligence and failure to observe the construction and fire regulations for buildings to be used for public assemblages, the person through whose default such loss of life was occasioned commits a class 6 felony.

5. Unlawfully Transporting Explosives CRS 9-6-103

Any person who unlawfully transports explosives in violation of Article 6 of Title 9 commits a class 6 felony.

Offenses Related to Insurance

6. Violation of Insurance Laws CRS 10-3-810

Any insurer who wilfully violates the provisions of Article 8 of Title 10 (Regulation of Insurance Holding Companies), commits a class 6 felony.

Offenses Related to Financial Institutions

7. Civil Liability for Wrongful Disclosure of Financial Record CRS 11-37.5-215 (2)

A director, executive officer, controlling person, or employee of a foreign capital depository or an officer, employee, or agent of a state or local agency who knowingly discloses a financial record in violation of any of the privacy protection provisions of the Colorado Foreign Capital Depository Act commits a class 6 felony.

8. Violation of Securities Act CRS 11-51-603 (2)

Any person who wilfully violates the provisions of the “Securities Act” (Article 51 of Title 11) commits a class 6 felony.

9. Violation of “Uniform Facsimile Signature of Public Officials Act.” CRS 11-55-105, CRS 11-107-108 (1) (b)

Any person who violates the provisions of Article 55 of Title 11 commits a class 6 felony.

10. Violation of Banking Laws

Any person responsible for any act or omission expressly declared to be criminal by the banking code, if the act or omission was intended to defraud, commits a class 6 felony.

11. Violation of Industrial Banking Laws. CRS 11-108-801 (3)

Any person associated with an industrial bank who embezzles or misapplies funds of an industrial bank in an amount exceeding $5,000 commits a class 6 felony.

Offenses Related to Professions and Occupations

12. Selling motor vehicles without a valid dealer’s license. CRS 12-6-119.5 (1) (b)

A person who sells motor vehicles after his or her motor vehicle dealer’s license has been denied, suspended, or revoked commits a class 6 felony for a second and subsequent offense.

13. Violation of Automobile Dealer “Antimonopoly Financing Law.” CRS 12-6-210

Any person who violates the provisions of Part 2 of Article 6 of Title 12 commits a class 6 felony.

14. Farm products. CRS 12-16-115 (1) (a)

A person commits a class 6 felony if that person:

• makes fraudulent charges or returns for the handling, sale, or storage or for any service in connection with the handling, sale, or storage of farm products;
• willfully fails or refuses to render a true account of sales or storage or to make a settlement thereon to pay for farm products received within the time and in the manner required by Part 1 of Article 16 of Title 12; CRS 12-16-115 (1) (b)
• intentionally makes false or misleading statements as to market conditions for farm products or false or misleading statements as to the condition, quality, or quantity of farm products received, handled, sold, or stored; CRS 12-16-115 (1) (c)
• engages in fictitious sales, in collusion, or in unfair practices to defraud the owners; or CRS 12-16-115 (1) (d)
• acts as a dealer, small volume dealer, agent, or transporter without having obtained a license or acts as a dealer or agent without having executed and delivered a surety bond as provided in Part 1 of Article 16 of Title 12. CRS 12-16-115 (1) (e)

15. Farm commodity warehousing. CRS 12-16-221

A person commits a class 6 felony if that person:

• makes fraudulent charges or returns for the handling, sale, or storage or for the rendering of any service in connection with the handling, sale, or storage of any commodities; CRS 12-16-221 (1) (a)
• willfully fails or refuses to render a true account of sales or storage or to make a settlement thereon or to pay for commodities received within the time and in the manner required by Part 2 of Article 16 of Title 12; CRS 12-16-221 (1) (b)
• intentionally makes false or misleading statements as to the market conditions for commodities or false or misleading statements as to the condition, quality, or quantity of commodities received, handled, sold, or stored; CRS 12-16-221 (1) ©
• engages in fictitious sales, in collusion, or in unfair practices to defraud the owners; CRS 12-16-221 (1) (d)
• acts as a commodity handler without a license or filing a surety bond or letter of credit; or CRS 12-16-221 (1) (e)
• willfully alters or destroys any negotiable warehouse receipt or the record of such receipt or issuing a receipt without preserving a record thereof; or issues a receipt when the commodity described is not available; or issues, with intent of defraud, a second receipt for a commodity for which a valid negotiable warehouse receipt is already outstanding and in force; or while any valid receipt is outstanding and in force, sells, pledges, mortgages, encumbers, or transfers a commodity in violation of the provisions of Part 2 of Article 16 of Title 12 without the written consent of the holder of the receipt. CRS 12-16-221 (1) (j)

16. Drugs and Druggists. CRS 12-22-127

Violating any of the provisions of Part 1 of Article 22 of Title 12, for a second or subsequent time, constitutes a class 6 felony.

17. False Advertising of Cancer Cure. CRS 12-30-107 (2)

Any person who is convicted of a third or subsequent offense of willfully and falsely representing a device, substance, or treatment as being of value in the treatment, alleviation, or cure of cancer, commits a class 6 felony.

18. Podiatrists. CRS 12-32-109 (1.5)

Any person who presents as his own the diploma, license, certificate, or credentials of another, or who gives false or forged evidence to the Colorado Podiatry Board in connection with the application for license to practice podiatry, or who practices podiatry under an assumed name or who falsely impersonates a licensee commits a class 6 felony.

19. Medical Practice. CRS 12-36-129 (1)

A second or subsequent offense of any person, association or corporation practicing medicine without complying with the provisions of Article 36 of Title 12 is a class 6 felony.

20. Medical Practice. CRS 12-36-129 (2)

A person who practices medicine under a false or assumed name or who uses false or forged evidence to obtain a license commits a class 6 felony.

21. Midwifery – Unlawful Practices. CRS 12-37-108

Any person who practices direct-entry midwifery without first complying with the registration requirements and the disclosure requirements for a second or subsequent offense commits a class 6 felony.

22. Practicing Nursing Without a License. CRS 12-38-123 (2)

A professional or practical nurse who practices without a license or during suspension of a license, or who fraudulently obtains a license commits a class 6 felony if convicted of a second or subsequent violation with three years of the first violation.

23. Nurse Aide – Unlawful Acts. CRS 12-38.1-118 (2)

A subsequent violation of any of the provisions of section CRS 12-38.1-118 (1) regarding the practice and certification of nurse aides is a class 6 felony.

24. Nursing Home Administrator – Unlawful Acts. CRS 12-39-116 (2)

A subsequent violation within 3 years of the date of a first conviction of any of the provisions of section 12-39-116 regarding the practice and licensure of nursing home administrators is a class 6 felony.)

25. Practice of Optometry. CRS 12-40-124

Violation of any of the provisions of Article 40 of Title 12 regarding the practice of optometry for a third or subsequent offense is a class 6 felony.

To locate the exact Colorado legal definitions of these Colorado criminal laws click here.

26. Procuring Food or Accommodations With Intent to Defraud. CRS 12-44-102

Any person who procures food or accommodations with intent to defraud and without making payment, and the amount due under the agreement with the public establishment is more than $500, commits a class 6 felony.

27. Cheating. CRS 12-47.1-822 (3)

Cheating at any limited gaming activity is a class 6 felony when the offender has been issued a license pursuant to the Colorado Limited Gaming Act.

28. Fraudulent Acts – Gaming. CRS 47.1-823 (2)

Violation of any of the provisions of section CRS 12-47.1-823 regarding fraudulent gaming acts is a class 6 felony when the offender has been issued a license pursuant to the Colorado Limited Gaming Act.

29. Use of a Device for Calculating Probabilities. CRS 12-47.1-824 (2)

Use or possession of any device used to assist in projecting the outcome of a game, keep track of cards played, or analyze the probability of an event occurring or the strategy for playing or betting is a class 6 felony when the offender has been issued a license pursuant to the Colorado Limited Gaming Act.

30. Counterfeit or Unapproved Chips or Tokens – Unlawful Devices, Equipment, Products, or Materials. CRS 12-47.1-825 (8)

Violation of any of the provisions of section CRS 12-47.1-825 regarding the use of counterfeit or unapproved chips or tokens, unlawful coins or devices, and the possession of certain unlawful devices, equipment, products, or materials is a class 6 felony when the offender has been issued a license pursuant to the Colorado Limited Gaming Act.

31. Cheating Game and Devices. CRS 12-47.1-826 (2)

Knowingly conducting, operating, or allowing any cheating or thieving game or device, or knowingly dealing, conducting, or operating any game with cards or devices which have been marked or tampered with is a class 6 felony when the offender has been issued a license pursuant to the Colorado Limited Gaming Act.

32. Manufacture, Sale, Distribution of Equipment and Devices Associated With Limited Gaming. CRS 12-47.1-827 (4)

Violation of any of the provisions of section 12-47.1-827 regarding the unlawful manufacture, sale, distribution, marking, altering, or modification of equipment and devices associated with limited gaming is a class 6 felony when the offender has been issued a license pursuant to the Colorado Limited Gaming Act.

33. Pawnbrokers. CRS 12-56-104 (4)

A second or subsequent conviction for a violation of Article 56 of Title 12 within three years after the date of a prior conviction constitutes a class 6 felony.

34. Pawnbrokers. CRS 12-56-104 (5)

Any customer who knowingly gives false information with respect to the information a pawnbroker is required to obtain and keep, commits a class 6 felony.

35. Acting as Subdivision Developer Without Registering. CRS 12-61-407

Any person who acts as a subdivision developer without having been properly and legally registered commits a class 6 felony.

Offenses Related to Courts and Court Procedure

36. Confidentiality – Courts. CRS 13-1-128 (4)

Releasing information regarding a decision of a court of record before such decision is publicly announced by the court is a class 6 felony.

37. Avoiding Writ. CRS 13-45-114

Any person who attempts to avoid a writ of habeas corpus commits a class 6 felony.

Inchoate Offenses

38. Criminal attempt. CRS 18-2-101 (4)

Criminal attempt to commit a class 5 or class 6 felony is a class 6 felony.

39. Criminal Attempt. CRS 18-2-101 (5)

Criminal attempt to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony.

40. Conspiracy. CRS 18-2-201 (5)

Conspiracy to commit a felony defined outside of the criminal code and for which no penalty is specified is a class 6 felony.

41. Conspiracy. CRS 18-2-206 (1)

Conspiracy to commit a class 5 or class 6 felony is a class 6 felony.

Offenses Against the Person

42. Assault in the Second Degree. CRS 18-3-203 (2) (a)

When assault in the second degree is committed upon a sudden heat of passion, caused by a highly provoking act of the victim, affecting the person causing the assault sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

43. Failure to Register as a Sex Offender. CRS 18-3-412.5 (2) (a) and (c)

Failure to register as a convicted sex offender or submitting false information on a registration form is a class 6 felony.

Offenses Against Property

44. Aggravated Motor Vehicle Theft. CRS 18-4-409 (4) (b)

Second degree aggravated motor vehicle theft is a class 6 felony when the value of the motor vehicle or vehicles involved is $500 or more but less than $15,000.

45. Theft of Medical Records or Medical Information. CRS 18-4-412 (3)

Any person who obtains medical records or medical information without authorization and who uses the records or information for his own use or the use of another commits theft of medical records or medical information, which is a class 6 felony.

46. Unlawful Transfer for Sale of Sound Recordings. CRS 18-4-602 (2)

Any person who, without the consent of the owner, transfers any copyrighted sound recordings with the intent to sell such article on which such sounds are recorded or to cause the same to be sold for profit or used for promotion, commits a class 6 felony.

Offenses Involving Fraud

47. Criminal Possession of First Degree Forged Instrument. CRS 18-5-105

Any person who possesses a forged instrument and intends to use the instrument to defraud, commits a class 6 felony.

48. Criminal Possession of Forgery Devices. CRS 18-5-109 (2)

Any person who possesses forgery devices with the intent to fraudulently use them commits a class 6 felony.

49. Criminal Impersonation. CRS 18-5-113 (2)

Any person who assumes a false or fictitious identity or capacity and in such identity or capacity does an act with intent to unlawfully gain a benefit for himself or herself or another or to injure or defraud another commits a class 6 felony.

50. Fraud by Check. CRS 18-5-205 (3)

Fraud by check is a class 6 felony if the fraudulent check was for the sum of $500 or more, or if the offender is convicted of fraud by check involving the issuance of two or more checks within any 60 day period totaling $500 or more, or if the offender has been twice previously convicted under this section.

To locate the exact Colorado legal definitions of these Colorado criminal laws click here.

51. Fraud by Check. CRS 18-5-205 (3) (d)

Fraud by check is a class 6 felony if the fraudulent check was drawn on an account which did not exist or which had been closed for a period of 30 days or more prior to issuance of the check.

52. Issuing a False Financial Statement. CRS 18-5-209 (5)

A person who issues two or more false financial statements for the purpose of obtaining two or more financial transaction devices in order to obtain property, services, or money commits a class 6 felony.

53. Receiving Deposits in a Failing Financial Institution. CRS 18-5-210

Any officer, manager, or other person directing a financial institution, who receives deposits or investments, knowing that the institution is insolvent, commits a class 6 felony.

54. Unlawful Activity Concerning the Selling of Land. CRS 18-5-302 (2)

Any person who knowingly makes a false representation as to the existence of an ownership interest in land which he or she has as a seller or which his or her principal has, and which is relied upon, commits a class 6 felony.

55. Commercial Bribery and Breach of Duty to Act Disinterestedly. CRS 18-5-401 (1)

A person who solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he or she is subject commits a class 6 felony.

56. Commercial Bribery and Breach of Duty to Act Disinterestedly. CRS 18-5-401 (2)

A person who holds himself or herself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, property, or services commits a class 6 felony if that person knowingly solicits, accepts, or agrees to accept any benefit to alter, modify, or change his or her selection, appraisal, or criticism.

57. Commercial Bribery and Breach of Duty to Act Disinterestedly. CRS 18-5-401 (3)

A person who confers or offers or agrees to confer any benefit the acceptance of which would be a felony under subsections 18-5-401(1) and 18-5-401(2) commits a class 6 felony.

58. Bribery in Sports. CRS 18-5-403 (3)

Any person involved in bribery in sports contests or of sports participants commits a class 6 felony.

59. Fraudulent Receipt. CRS 18-5-506

A warehouseman who fraudulently issues a receipt for goods knowing that the goods have not been actually received by the warehouseman, or are not under his or her actual control at the time of issuing the receipt, commits a class 6 felony.

60. Duplicate Receipt not Marked. CRS 18-5-508

A warehouseman who issues a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods is outstanding and un-cancelled, without placing upon the face thereof the word “duplicate”, commits a class 6 felony.

61. Criminal Possession of a Financial Transaction Device. CRS 18-5-703 (3)

Any person who possesses two or more financial transaction devices, with the intent to defraud or which he or she knows to be lost, stolen, or delivered under a mistake commits a class 6 felony.

62. Criminal Possession of a Blank Financial Transaction Device. CRS 18-5-705 (2)

Any person who possesses a blank financial transaction device and who intends to use, deliver, circulate, or sell it without the authorization of the issuer or manufacturer commits a class 6 felony.

63. Criminal Possession of Forgery Devices. CRS 18-5-706 (2)

A person who possesses any tools, photographic equipment, printing equipment, or other device used in the unauthorized manufacture, printing, embossing, magnetic encoding, or altering of a financial transaction device commits a class 6 felony.

64. Equity Skimming. CRS 18-5-803 (2)

Equity skimming of a vehicle is a class 6 felony.

Computer Crime

65. Computer Crime. CRS 18-5.5-102 (3) (b)

A person commits a class 6 felony if he or she accesses a computer, computer network, or computer system without authorization, exceeds authorized access to, or uses a computer, computer network, or computer system without authorization or in excess of authorized access after having been previously convicted of such offense.

Offenses Involving the Family Relations

66. Bigamy. CRS 18-6-201 (2)

Any married person who, while still married, marries or cohabits with another commits bigamy which is a class 6 felony.

67. Crimes Against At-Risk Adults and At-Risk Juveniles. CRS 18-6.5-103 (2) (c)

A crime against an at-risk adult or at-risk juvenile is a class 6 felony when the crime amounts to criminal negligence resulting in bodily injury.

68. Crimes Against At-Risk Adults and At-Risk Juveniles. CRS 18-6.5-103 (7) (c)

A person who commits unlawful sexual contact or third degree sexual assault against a victim who is an at-risk adult or an at-risk juvenile commits a class 6 felony.

69. Crimes Against At-Risk Adults and At-Risk Juveniles. CRS 18-6.5-103 (7) (f)

A psychotherapist who commits sexual assault against a client who is an at-risk adult or an at-risk juvenile commits a class 6 felony.

Offenses Relating to Morals

70. Obscenity. CRS 18-7-102 (1.5) (b)

Wholesale promotion of obscenity to a minor is a class 6 felony.

71. Obscenity. CRS 18-7-102 (2.5) (b)

Promotion of obscenity to a minor is a class 6 felony.

72. Patronizing a Prostitute With Knowledge of Being Infected With AIDS. CRS 18-7-205.7 (2)

Patronizing a prostitute with knowledge of being infected with AIDS is a class 6 felony.

73. Indecent Exposure. CRS 18-7-302 (4)

A third or subsequent offense of indecent exposure to a child is a class 6 felony.

74. Sexual Conduct in Penal Institutions. CRS 18-7-701 (4) (a)

An employee or contract employee of a criminal justice facility who engages in sexual conduct with an inmate commits a class 6 felony if the conduct consists solely of sexual contact.

75. Sexual Conduct in Penal Institutions. CRS 18-7-701 (4) (b)

A volunteer at a criminal justice facility who engages in sexual conduct including sexual intrusion or sexual penetration commits a class 6 felony.

To locate the exact Colorado legal definitions of these Colorado criminal laws click here.

Offenses Related to Governmental Operations

76. Accessory to Crime. CRS 18-8-105 (5)

Being an accessory to a crime is a class 6 felony when the crime is a class 6 felony.

77. False Report of Explosives. CRS 18-8-110

Any person who reports that a bomb or other explosive, chemical or biological agent, poison or weapon, or harmful radioactive substance has been placed in any public or private place or vehicle, knowing that the report is false, commits a class 6 felony.

78. Impersonating a Peace Officer. CRS 18-8-112 (2)

Any person who falsely pretends to be a peace officer and performs an act in that pretended capacity commits a class 6 felony.

79. Introducing Contraband in the Second Degree. CRS 18-8-204 (3)

Any person who introduces contraband, as defined in section 18-8-204, into a detention facility commits a class 6 felony.

80. Possession of Contraband in the First Degree. CRS 18-8-204.1 (2)

Any person confined in a detention facility who possesses contraband (other than a dangerous instrument) commits a class 6 felony.

81. Violation of Bail Bond Conditions. CRS 18-8-212 (1)

A person who has been accused of a felony and is released on bail bond commits a class 6 felony if he or she knowingly fails to appear for trial or if he or she knowingly violates the condition of the bail bond.

82. Compensation for Official Behavior. CRS 18-8-303 (1)

A person who accepts compensation for having, as a public servant, given a decision, opinion, recommendation, or vote favorable to another or for having otherwise exercised a discretion in another person’s favor, or a person who offers compensation for such a favor commits a class 6 felony.

83. Designation of Supplier Prohibited. CRS 18-8-307 (4)

Any public servant who requires or directs a bidder or contractor to deal with a particular person in procuring goods or services required in submitting a bid to or fulfilling a contract with any government commits a class 6 felony.