Civil Infractions

C.R.S. tit. 16, art. 2.3
in effect

C.R.S. § 16-2.3-101 Civil infractions classified

16-2.3-101. Civil infractions classified. (1) It is a civil infraction for any person to commit any offense or violate any statute of this state that is specifically classified as a civil infraction. A civil infraction is a civil matter. (2) For the purposes of this article 2.3: (a) "Judge" includes any county court magistrate who hears a civil infraction matter; and (b) "Magistrate" includes any county court judge who is acting as a county court magistrate in a civil infraction matter. (3) The penalty for commission of a civil infraction, upon conviction, is a fine of not more than one hundred dollars, unless otherwise provided in the section describing the infraction. (4) Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of a civil infraction must be fined and have a surcharge levied pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1)(b)(III), and 24-33.5-415.6.

C.R.S. § 16-2.3-102 Penalty assessment notice for civil infractions

16-2.3-102. Penalty assessment notice for civil infractions. (1) (a) At any time that a peace officer, as described in section 16-2.5-101, charges a person with the commission of any civil infraction, the peace officer may, except when prohibited by the section describing the charged civil infraction, offer to give a penalty assessment notice to the person. For all civil infractions, the fine listed on the penalty assessment notice is one hundred dollars, unless the fine is otherwise provided in the section describing the civil infraction. (b) The penalty assessment notice that a peace officer serves upon the person must be a summons and complaint containing the following: (I) Identification of the alleged offender; (II) Specification of the offense, including a citation to the section alleged to have been violated and a brief description of the civil infraction; (III) The amount of the fine for the civil infraction and the amount of the surcharges pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1), and 24-33.5-415.6; (IV) The date the peace officer serves the penalty assessment notice upon the person; (V) Instructions to the person to appear in a specified county court at a specified time and place if the fine and surcharges are not paid; (VI) The peace officer's signature; (VII) A place where the person may execute a signed acknowledgment of liability and an agreement to pay the fine and surcharges within twenty days; and (VIII) Other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint should the fine and surcharges not be paid within the time allowed in subsection (2) of this section. (c) A penalty assessment notice issued and served pursuant to subsection (1)(a) of this section on a minor under eighteen years of age must also contain or be accompanied by a document containing: (I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor; (II) Preprinted signature lines following the declaration on which the reviewing person described in subsection (1)(c)(I) of this section shall affix the person's signature and for a notary public to duly acknowledge the reviewing person's signature; and (III) An advisement to the minor that: (A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform the minor's parent or legal guardian that the minor has received a penalty assessment notice; (B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have the person's signature duly acknowledged by a notary public; and (C) Noncompliance with the requirement set forth in subsection (1)(c)(III)(B) of this section will result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to subsection (4) of this section. (d) The peace officer must serve one copy of the penalty assessment notice upon the person and shall send one copy to the clerk of the county court in the county in which the alleged offense occurred. The copy sent to the clerk of the county court must be sent immediately after service upon the person. (e) The time specified in the summons portion of the penalty assessment notice must be at least thirty days but not more than ninety days after the date the penalty assessment notice is served. (f) The place specified in the summons portion of the penalty assessment notice must be a county court within the county in which the civil infraction is alleged to have been committed. e upon the person. (e) The time specified in the summons portion of the penalty assessment notice must be at least thirty days but not more than ninety days after the date the penalty assessment notice is served. (f) The place specified in the summons portion of the penalty assessment notice must be a county court within the county in which the civil infraction is alleged to have been committed. (g) If the person refuses to accept service of the penalty assessment notice, tender of the notice by the peace officer to the person constitutes service upon the person. (2) (a) If the person served a penalty assessment notice acknowledges guilt, the person may pay the specified fine and surcharges in person or by mail at the place and within the time specified in the notice. If the person does not acknowledge guilt, the person shall appear as required in the notice. Upon final hearing, if the person is found guilty, the court shall impose the fine and surcharges specified in the notice for the offense for which the person was found guilty and the court may impose court costs against the person in addition to the fine and surcharges. (b) The fine specified in the penalty assessment notice for the violation charged and the surcharges must be paid to the clerk of the court of the jurisdiction in which the offense is alleged to have occurred, either in person or by postmarking such payment within twenty days after the date the penalty assessment notice is served upon the person. Except as otherwise provided in subsection (4) of this section, acceptance of a penalty assessment notice and payment of the fine and surcharges to the court are complete satisfaction for the violation. The person must be given a receipt if the person pays the fine and surcharges in currency or other form of legal tender. (3) If a person charged with a civil infraction fails to pay the fine and surcharges within twenty days after the date of the penalty assessment notice, or if the clerk of the court does not accept payment for the fine and surcharges as evidenced by receipt, the person is allowed to pay the fine, surcharges, and the docket fees in the amounts set forth in sections 13-1-204 (1)(b) and 16-2.3-106 (5)(a)(I) to the clerk of the court referred to in the summons portion of the penalty assessment notice during the two business days prior to the time for appearance, as specified in the notice. If the fine for a civil infraction and surcharges is not timely paid, the case is heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the manner provided for in this article 2.3 for the prosecution of civil infractions. (4) Notwithstanding the provisions of subsection (2) of this section, a minor under eighteen years of age shall appear at a hearing on the date and time specified in the penalty assessment notice and answer the alleged violation if the penalty assessment was timely paid but not signed and notarized in the manner required by subsection (1)(c)(III)(B) of this section. (5) Notwithstanding the provisions of subsection (1) of this section, if the offense charged is for the commission of a civil infraction for a parks and wildlife violation contained in title 33, the penalty assessment procedures contained in section 33-6-104 or 33-15-102 apply.

C.R.S. § 16-2.3-103 Summons and complaint for civil infractions

16-2.3-103. Summons and complaint for civil infractions. (1) A summons and complaint may be issued by any peace officer for an offense constituting a civil infraction committed in the peace officer's presence or, if not committed in the peace officer's presence, that the peace officer has probable cause to believe was committed and probable cause to believe was committed by the person charged. Except for penalty assessment notices, which must be handled pursuant to the procedures set forth in section 16-2-201 or 16-2.3-102, a copy of a summons and complaint issued must be filed immediately with the county court before which appearance is required, and a second copy must be given to the district attorney or deputy district attorney for the county. (2) A summons issued by the county court for a civil infraction may be served by giving a copy to the person or by leaving a copy at the person's usual place of abode with a person over the age of eighteen years residing therein, or by mailing a copy to the person's last-known address by certified mail, return receipt requested, not less than fourteen days prior to the time the person is required to appear. Service by mail is complete upon the return of the receipt signed by the person. Personal service must be made by any disinterested party over eighteen years of age.

C.R.S. § 16-2.3-104 Parties to a crime

16-2.3-104. Parties to a crime. A person is legally accountable as principal for the behavior of another person who commits a civil infraction if, with the intent to promote or facilitate the commission of the offense, the person aids, abets, advises, or encourages the other person in planning or committing the offense.

C.R.S. § 16-2.3-105 Civil infractions - proper court for hearing - burden of proof - appeal - collateral attack

16-2.3-105. Civil infractions - proper court for hearing - burden of proof - appeal - collateral attack. (1) A county court magistrate appointed pursuant to part 5 of article 6 of title 13, or a county judge acting as a magistrate, shall conduct the hearing in a county court for the adjudication of a civil infraction; except that, if the charge includes a crime and civil infraction in the same summons and complaint, all charges must be made returnable before a judge or magistrate who has jurisdiction over the crime. The Colorado rules of criminal procedure apply in a case that contains both a crime and a civil infraction. (2) When a court of competent jurisdiction determines that a person charged with a misdemeanor or petty offense is guilty of a lesser included offense that is a civil infraction, the court may enter a judgment as to the lesser included offense. (3) In a civil infraction case, the burden of proof is on the people, and the magistrate shall enter judgment in favor of the person unless the people prove the liability of the person beyond a reasonable doubt. The district attorney or a district attorney's deputy may, but is not required to, at the district attorney's discretion, enter a civil infraction case for the purpose of attempting to negotiate a plea to a lesser offense, reduced penalty, or a stipulation to pretrial diversion or deferred judgment and sentence. The district attorney shall not represent the state at hearings conducted by a magistrate or a county judge acting as a magistrate on civil infraction matters. The magistrate or county judge acting as a magistrate may call and question any witness and shall act as the fact finder at hearings on civil infraction matters. (4) An appeal from final judgment on a civil infraction matter must be taken to the district court for the county where the magistrate or judge acting as magistrate is located. (5) (a) Except as otherwise provided in subsection (5)(b) of this section, a person against whom a judgment is entered for a civil infraction may not collaterally attack the validity of that judgment unless the person commences the attack within six months after the date of entry of the judgment. (b) In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitation specified in subsection (5)(a) of this section are cases in which the court hearing the collateral attack finds: (I) That the court entering judgment did not have jurisdiction over the subject matter of the alleged civil infraction; (II) That the court entering judgment did not have jurisdiction over the person; (III) By a preponderance of the evidence, that the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of an adjudication of incompetence or by commitment or certification of the violator to an institution for treatment as a person with a behavioral health disorder; or (IV) That the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of circumstances amounting to justifiable excuse or excusable neglect.

C.R.S. § 16-2.3-106 Failure to pay penalty for civil infractions - failure of parent or guardian to sign penalty assessment notice - procedures

16-2.3-106. Failure to pay penalty for civil infractions - failure of parent or guardian to sign penalty assessment notice - procedures. (1) Unless a person who has been cited for a civil infraction pays the fine and surcharges pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1), and 24-33.5-415.6, the person shall appear at a hearing on the date and time specified in the summons and complaint and answer the complaint. This requirement to appear may be complied with by appearance of counsel. (2) If a minor under eighteen years of age is required to appear at a hearing pursuant to subsection (1) of this section, the minor shall inform the minor's parent or legal guardian, and the parent or legal guardian shall also appear at the hearing. (3) If the person answers that the person is guilty or if the person fails to appear for the hearing, the magistrate shall enter judgment against the person. (4) If the person denies the allegations in the complaint, a final hearing on the complaint must be held subject to the provisions regarding a speedy trial in section 18-1-405. If the person is found guilty or liable at the final hearing or if the person fails to appear for a final hearing, the magistrate shall enter judgment against the person. (5) (a) (I) If judgment is entered against a person, the magistrate shall assess the appropriate fine and surcharges, a docket fee of sixteen dollars, and other applicable costs authorized by section 13-16-122 (1). (II) All docket fees collected pursuant to subsection (5)(a)(I) of this section must be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6). (b) A magistrate shall not issue a bench warrant for the arrest of any person who fails to appear for a hearing pursuant to subsection (1), (2), or (3) of this section or for a final hearing pursuant to subsection (4) of this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-16.docxFetched: 10/6/2026

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