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016. COLORADO CRIMINAL CODE – OFFENSES INVOLVING FRAUD – FORGERY, SIMULATION, IMPERSONATION, AND RELATED OFFENSES

The Crime of Forgery in Colorado

A person commits the class 5 felony of forgery if, with the intent to defraud, he or she falsely makes, completes, or alters a written instrument listed in section 18-5-102 (1) (a) through (1) (g). 18-5-102 (2)

The Crime of Second degree forgery in Colorado

An individual commits the class 1 misdemeanor of second degree forgery if, with the intent to defraud, he or she falsely makes, completes, alters, or utters a written instrument of a kind not described in sections 18-5-102 or 18-5-104.5. 18-5-104 (2)

The Crime of Use of forged academic record in Colorado

Use of forged academic record with the intent to seek employment, admission to a higher education institution, or financial assistance is a class 1 misdemeanor. 18-5-104.5 (3)

The Crime of Criminal possession of first degree forged instrument in Colorado

Any person who possesses a forged instrument and intends to use the instrument to defraud, commits a class 6 felony. 18-5-105

The Crime of Criminal possession of second degree forged instrument in Coloroado

Possessing a second degree forged instrument with knowledge that it is forged and with intent to defraud is a class 2 misdemeanor. 18-5-107

The Crime of Criminal possession of forgery devices in Colorado

Any person who makes or possesses forgery devices with the intent to fraudulently use them commits a class 6 felony.18- 5-109 (2)

The Crime of Criminal simulation in Colorado

An individual commits the class 1 misdemeanor of criminal simulation when he or she, with the intent to defraud, makes, alters, or represents any object so that it appears to have an antiquity, rarity, source or authorship, ingredient, or  omposition it does not have. It is also criminal simulation to misrepresent or to possess such an object with the intent to defraud. 18-5-110 (2)

The Crime of obtaining a signature by deception in Colorado

Obtaining signatures by deception with the intent to defraud or to acquire benefits is a class 2 misdemeanor. 18-5-112 (3)

The Crime of Criminal impersonation in Colorado

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. 18-5-113 (2)

The Crime of Offering a false instrument for recording in Colorado

A person who offers a false written instrument for recording related to or affecting real or personal property or directly affecting contractual relationships commits the class 1 misdemeanor of offering a false instrument for recording in the second degree. 18-5-114 (4)

An individual who offers a false written instrument relating to or affecting real or personal property or directly affecting contractual relationships for recording with the intent to defraud commits the class 5 felony offense of offering a false instrument for recording in the first degree. 18-5-114 (2)

The Crime of Controlled substances – consumption by fraudulent means in Colorado

Any individual who fraudulently causes another person to unknowingly consume or receive the direct administration of any controlled substance commits a class 4 felony. 18-5-116 (2)

The Crimes of Fraud in Obtaining Property or Services in Colorado

The Crime of Fraud by check in Colorado

Any individual, knowing he or she has insufficient funds, who, with the intent to defraud, issues a check for the payment of anything of value commits fraud by check. 18-5-205 (2)

Fraud by check is a class 2 misdemeanor if the fraudulent check was for less than $500 or if the fraud involves the issuance of two or more checks within any 60-day period totaling less than $500 in aggregate. 18-5-205 (3) (b)

Opening a checking account, negotiable order of withdrawal account, or share draft account using false identification or an assumed name for the purpose of issuing fraudulent checks is a class 2 misdemeanor. 18-5-205 (5)

Fraud by check is a class 1 misdemeanor if the fraudulent check was for $500 or more but less than $1,000 or if the fraud involves the issuance of two or more checks within any 60-day period totaling $500 or more but less than $1,000 in aggregate. 18-5-205 (3) (b.5)

Fraud by check is a class 6 felony if the fraudulent check was for at least $1,000, or if the offender is convicted of fraud by check involving the issuance of two or more checks within any 60-day period totaling $1,000 or more. 18-5-205 (3) (c)

A second or subsequent conviction of fraud by check, regardless of the amount or the time frame, is a class 6 felony. 18-5-205 (3) (c)

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. 18-5-205 (3) (d)

The Crime of Defrauding a secured creditor or debtor in Colorado

An individual who, with intent to defraud a creditor, impairs, renders worthless or unenforceable any security interest, or who sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest commits the offense of defrauding a secured creditor. 18-5-206 (1)

A creditor who, with the intent to defraud a debtor, sells, assigns, transfers, conveys, pledges, buys, or encumbers a  promissory note or contract signed  by the debtor commits the offense of defrauding a debtor. 18-5-206 (2)

Defrauding a secured creditor or debtor is a class 2 misdemeanor when the value of the collateral or amount owed is less than $500. 18-5-206 (1) (b) and (2) (b)

Defrauding a secured creditor or debtor is a class 1 misdemeanor when the value of the collateral or the amount owed is $500 or more but less than $1,000. 18-5-206 (1) (b.5) and (2) (b.5)

Defrauding a secured creditor or debtor is a class 5 felony if the value of the collateral or the amount owed is at least $1,000, but less than $20,000. 18-5-206 (1) (c) and (2) (c)

Defrauding a secured creditor or debtor is a class 3 felony if the value of the collateral or the amount owed is at least  $20,000. 18-5-206 (1) (d) and (2) (d)

The Crime of Purchase on credit to defraud in Colorado

Purchasing personal property on credit and then, prior to paying for it, selling or otherwise disposing of that property with the intent to defraud the seller or vender is a class 2 misdemeanor. 18-5-207

The Crime of Issuing a false financial statement in Colorado

 Issuing a false financial statement is a class 2 misdemeanor. 18-5-209 (2)

Issuing a false financial statement for purposes of obtaining a financial transaction device in order to obtain property, services, or money is a class 1 misdemeanor.18-5-209 (4)

Issuing 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 is a class 6 felony. 18-5-209 (5)

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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