Writing a bad check in Colorado isn’t automatically a crime — but once it crosses into knowing fraud, the penalties scale quickly based on dollar amount. Here’s a quick reference on how Colorado charges fraud by check.
What Is “Fraud by Check” Under Colorado Law?
Fraud by check, codified at CRS § 18-5-205, makes it a crime to knowingly issue a check with insufficient funds, with intent to defraud. Colorado’s jury instructions confirm these as the required elements (COLJI-Crim 5-2:01), and Colorado courts have held that the statute reaches more than just a one-time bounced check: issuing an insufficient-funds check toward a pre-existing debt can still constitute fraud by check (People v. Gutierrez, 1 P.3d 241, 242 (Colo. App. 1999)), as can writing a bad check to hold onto property obtained on credit (People v. Kunzelman, 649 P.2d 340 (Colo. App. 1982)). The statute also makes it a separate class 6 felony, regardless of dollar amount, to write a check on an account that didn’t exist or that had been closed for 30 or more days before the check was issued (CRS § 18-5-205(3)(i)), and it separately makes it a class 2 misdemeanor to open a checking account using false identification or an assumed name in order to write fraudulent checks (CRS § 18-5-205(5)).
Is Fraud by Check a Misdemeanor or a Felony in Colorado?
It depends entirely on the dollar amount involved, confirmed directly against the current statutory text (CRS § 18-5-205(3)): a petty offense under $300; a class 2 misdemeanor from $300 up to $1,000; a class 1 misdemeanor from $1,000 up to $2,000; a class 6 felony from $2,000 up to $5,000; a class 5 felony from $5,000 up to $20,000; a class 4 felony from $20,000 up to $100,000; a class 3 felony from $100,000 up to $1,000,000; and a class 2 felony at $1,000,000 or more. Multiple smaller checks issued within the same 60-day period are aggregated and charged at the combined total under the same tiers (CRS § 18-5-205(3); COLJI-Crim 5-2:02.INT). A check written on an account already closed for 30 or more days, or that never existed, is a class 6 felony regardless of dollar amount.
Is Embezzlement a Separate Crime in Colorado?
Not exactly. Colorado doesn’t have a standalone “embezzlement” statute — conduct that would be called embezzlement elsewhere, such as an employee or person in a position of trust taking money or property entrusted to them, is prosecuted under Colorado’s general theft statute, CRS § 18-4-401. The two statutes can overlap when an employee writes fraudulent checks against an employer’s account, and prosecutors may add forgery or related charges depending on how the funds were actually taken.
What Defenses Apply to a Fraud-by-Check Charge?
Common defenses include lack of intent to defraud (a genuine mistake about an account balance or an honest belief funds would be available before the check cleared), restitution or payment made before charges were filed, and disputes over who actually wrote or authorized the check. Colorado law does make restitution a standard condition of deferred prosecution or diversion in these cases (CRS § 18-5-205(6)). Because the dollar amount drives the charge level, an early and accurate accounting of the actual loss often matters as much as the underlying facts.
Facing a fraud-by-check or related theft charge in Colorado? Mile High Legal defends clients against check fraud, theft, and forgery charges throughout the Denver area. Reach out to discuss the specific amount and circumstances alleged in your case.
