What are the penalties for elder abuse in Colorado?

Section 18-6.5-103(2) sets forth the consequences of crimes against people 70 and older in Colorado. The penalties you face for Colorado elder abuse vary depending on:

• the nature of the underlying crime,
• whether the crime was committed in the heat of sudden passion,
• whether the wrongful act was committed knowingly,
• whether you were in a position of trust, and
• in the case of theft, robbery or exploitation, the value of the item.

Typical defendants in elder abuse cases can range from the victim’s spouse or family members to paid caretakers or perfect strangers.

Negligence resulting in death or injury

When negligence results in the death of an elderly person in Colorado, it is a class 4 felony carrying:

• 2-6 years in prison, and
• A fine of $2,000-$500,000.

When the elder neglect results in serious bodily injury, it is a class 5 felony carrying:

• 1-3 years in prison, and
• A fine of $1,000-$100,000.

Finally, when negligence results in (non-serious) bodily injury to an at-risk adult, it is a class 6 felony carrying:

• 1 – 1 ½ years in prison, and
• A fine of $1,000-$100,000.¹

Assault of an elder

First-degree assault

Colorado penalties for assault in the first degree against an “at-risk” elder – a class 2 felony – include:

• 8-24 years in prison, and
• A fine of $5,000-$1,000,000;

Except that if the assault is committed in a sudden heat of passion, first-degree assault of an elder is reduced to a class 4 felony carrying:

• 2-6 years in prison, and
• A fine of $2,000-$500,000.

Second-degree assault

Assault in the second degree against an at-risk elder is a class 3 felony carrying:

• 4-12 years in prison, and
• A fine of $3,000-$750,000.

Except if the assault is committed in a sudden heat of passion, consequences of elder assault are reduced to a class 5 felony carrying:

• 1-3 years in prison, and
• A fine of $1,000-$100,000.

Third-degree assault

Colorado penalties for assault in the third degree against a senior – a class 6 felony – include:

• 1 – 1 ½ years in prison, and
• A fine of $1,000-$100,000.²

Robbery

Robbing an elderly person in Colorado is considered a class 3 felony. Penalties include:

• 4-12 years in prison (followed by 5 years mandatory parole), and
• A fine of up to $ 500,000.³

Theft

If you are in a position of trust in relation to an at-risk elder in Colorado, penalties for stealing from an elder depend on:

• the value of the item stolen,
• whether the theft was committed in the elder’s presence, and
• whether force, threat or intimidation was used

If the theft was committed in the elder’s presence, or you allegedly used force, threat or intimidation, then the consequences of Colorado theft of an elder include:

If the item was worth $500 or more, a class 3 felony carrying:

• • 4-12 years in prison, and
  • A fine of $3,000-$750,000.

If the value was less than $500, a class 5 felony carrying

• • 1-3 years in prison, and
  • A fine of $1,000-$100,000.

If the theft was committed other than by force, threat or intimidation (for example, by fraud or embezzlement), then regardless of the value of the item, the theft is a class 4 felony carrying:

• 2-6 years in prison, and
• A fine of $2,000-$500,000.⁴

Caretaker Neglect

It is a Colorado class 1 misdemeanor to:

• knowingly commit caretaker neglect against an at-risk elder, or
• knowingly act in a manner likely to be injurious to the physical or mental welfare of an at-risk elder.³

Penalties for knowing caretaker neglect of an elder can include:

• Up to 364 days in jail, and/or
• A fine of up to $1,000.⁵

Sex Crimes

Sexual assault against an elder in Colorado is a class 2 felony punished by:

• 8-24 years in prison, and
• A fine of $5,000-$1,000,000.

Unlawful sexual contact by force, intimidation, or threat is a class 3 felony carrying penalties of:

• 4-12 years in prison, and
• A fine of $3,000-$750,000.

Any other type of unlawful sexual abuse of an elder is a class 6 felony carrying consequences of:

• 1 – 1 ½ years in prison, and
• A fine of $1,000-$100,000.⁶

Exploitation

Penalties for financial exploitation of an elder in Colorado depend on the value of the property exploited or the advantage taken. If the value is $500 or more, exploitation of a senior is a class 3 felony carrying:

• 4-12 years in prison, and
• A fine of $3,000-$750,000.

If the value is less than $500, elder exploitation is a class 5 felony carrying:

• 1-3 years in prison, and
• A fine of $1,000-$100,000.⁷

Additional resources

• Abuse of Older People, World Health Organization (WHO)
• Mandatory Reporting of Elder Abuse or Exploitation, Colorado Bar Association (CBA)
• Elder Abuse, National Institute on Aging (NIA)
• Get the Facts on Elder Abuse, National Council on Aging (NCOA)
• Fast Facts: Preventing Elder Abuse, Centers for Disease Control and Prevention (CDC)

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Legal References