(1) A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode. (2) and (3) Repealed.
(4) Criminal mischief is:
(a) A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars;
(b) A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor when the aggregate damage to the real or personal property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony when the aggregate damage to the real or personal property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.
Source: L. 71: R&RE, p. 431, § 1. C.R.S. 1963: § 40-4-501. L. 77: entire section amended, p. 963, § 25, effective July 1. L. 81: entire section amended, p. 975, § 12, effective July 1. L. 84: entire section amended, p. 537, § 9, effective July 1, 1985. L. 92: entire section amended, p. 435, § 5, effective April 10. L. 98: entire section amended, p. 1438, § 14, effective July 1; entire section amended, p. 795, § 5, effective July 1. L. 99: entire section amended, p. 391, § 1, effective July 1. L. 2002: (1) amended, p. 1581, § 7, effective July 1. L. 2003: (2) amended, p. 1904, § 3, effective July 1; (3) added, p. 1845, § 2, effective July 1. L. 2007: (1) amended, p. 1693, § 7, effective July 1. L. 2009: (2) and (3) repealed, (HB 09-1266), ch. 347, p. 1814, § 1, effective August 5. L. 2014: (1) amended and (4) added, (HB 14-1266), ch. 155, p. 534, § 1, effective August 6. L. 2021: (4)(a), (4)(b),(4)(c), and (4)(d) amended, (SB 21-271), ch. 462, p. 3178, § 210, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2007 act amending subsection (1), see section 1 of chapter 384, Session Laws of Colorado 2007.
Notes of Decisions
Cited in
67
cases (
13 in the last 5 years), 1976–2026 · leading case:
v. Knapp, 2020 COA 107, 487 P.3d 1243.
v. Knapp, 2020 COA 107, 487 P.3d 1243.
· cites it 6× “See § 18-4-501, C.R.S. 2019. But the restitution statute more broadly allows for recovery of “any pecuniary loss,” including, among other things, “out-of-pocket expenses” and “other losses or injuries [that are] proximately caused by an offender’s conduct and that can be…”
People v. Thoro Prods. Co., Inc., 70 P.3d 1188 (Colo. 2003).
· cites it 4× “(2002); and (3) Criminal mischief, a class three felony in violation of section 18-4-501, 6 C.R.S. (2002). After a two-week trial, Thoro was convicted of all three charges.”
People v. Welborne, 2018 COA 127.
· cites it 9× “§ 18-4-501(1), C.R.S. 2017; § 18-4-501(1), C.”
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002).
· cites it 2× “Section 18-4-501(1), C.R.$.2000. A. When a term, word, or phrase in a jury instruction is one with which reasonable persons of common intelligence would be familiar, and its meaning is not so technical or mysterious as to create confusion in jurors' minds as to its meaning, an…”
People v. S.X.G., 2012 CO 5, 269 P.3d 735.
· cites it 2× “§ 18-4-501, C.R.S. (2011). . § 18-4-401(1), (2)(b), C.”
People v. Dunoyair, 660 P.2d 890 (Colo. 1983).
· cites it 6× “The crime of theft is committed when a person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and either intends to permanently deprive or disposes of the property in such a manner as to permanently…”
People v. Tulipane, 560 P.2d 94 (Colo. 1977).
· cites it 12× “On June 9, 1975, defendant was charged in the county court of El Paso County with criminal mischief misdemeanor against the property of Fountain Valley Lanes, committed on June 9, 1975, in violation of section 18-4-501, C.R.S. 1973. On June 12, 1975, a nine-count information was…”
People v. Stoppel, 637 P.2d 384 (Colo. 1981).
· cites it 6× “[3] Section 18-4-501, C.R.S. 1973 (1978 Repl.”
v. Coahran, 2019 COA 6, 436 P.3d 617.
· cites it 3× “” 9 § 18-4-501(1), C.R.S. 2018. Criminal mischief is a general intent crime.”
People v. Welborne, 2017 COA 105, 428 P.3d 602.
· cites it 13× “24 ¶ 55 The Abeyta division was mistaken because criminal mischief required an element that first degree arson did not. As it did in 2012 and does today, the criminal mischief statute in Abeyta applied only if the charged acts occurred “in the course of a single criminal episode.”
People v. Owens, 670 P.2d 1233 (Colo. 1983).
· cites it 5× “Because no additional felony had been committed, the information was amended to charge knowing use of an incendiary device in the attempted commission of a felony, namely criminal mischief in the value of one hundred dollars or more, *1235 section 18-4-501, C.R.S.1973 (1978…”
People v. Darlington, 105 P.3d 230 (Colo. 2005).
· cites it 3× “Facts and Proceeding Below On January 31, 2003, the defendant was charged with criminal mischief pursuant to section 18-4-501(1), C.R.S. (2004). The prosecution and Darlington entered into a written plea agreement pursuant to which Darlington would enter a plea of nolo…”
Colo. Rev. Stat. § 18-4-501(1): 25 cases
v. Knapp, 2020 COA 107, 487 P.3d 1243.
“See § 18-4-501, C.R.S. 2019. But the restitution statute more broadly allows for recovery of “any pecuniary loss,” including, among other things, “out-of-pocket expenses” and “other losses or injuries [that are] proximately caused by an offender’s conduct and that can be…”
People v. Thoro Prods. Co., 45 P.3d 737 (Colo. Ct. App. 2002).
“Section 18-4-501(1), C.R.$.2000. A. When a term, word, or phrase in a jury instruction is one with which reasonable persons of common intelligence would be familiar, and its meaning is not so technical or mysterious as to create confusion in jurors' minds as to its meaning, an…”
People v. Darlington, 105 P.3d 230 (Colo. 2005).
“Facts and Proceeding Below On January 31, 2003, the defendant was charged with criminal mischief pursuant to section 18-4-501(1), C.R.S. (2004). The prosecution and Darlington entered into a written plea agreement pursuant to which Darlington would enter a plea of nolo…”
Colo. Rev. Stat. § 18-4-501(4): 3 cases
People v. Welborne, 2017 COA 105, 428 P.3d 602.
“24 ¶ 55 The Abeyta division was mistaken because criminal mischief required an element that first degree arson did not. As it did in 2012 and does today, the criminal mischief statute in Abeyta applied only if the charged acts occurred “in the course of a single criminal episode.”
Colo. Rev. Stat. § 18-4-501(4)(a): 1 case
Colo. Rev. Stat. § 18-4-501(4)(b): 1 case
Colo. Rev. Stat. § 18-4-501(4)(d): 2 cases
v. Knapp, 2020 COA 107, 487 P.3d 1243.
“See § 18-4-501, C.R.S. 2019. But the restitution statute more broadly allows for recovery of “any pecuniary loss,” including, among other things, “out-of-pocket expenses” and “other losses or injuries [that are] proximately caused by an offender’s conduct and that can be…”
v. Coahran, 2019 COA 6, 436 P.3d 617.
“” 9 § 18-4-501(1), C.R.S. 2018. Criminal mischief is a general intent crime.”
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