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018. COLORADO CRIMINAL CODE – OFFENSES INVOLVING FRAUD -EQUITY SKIMMING AND RELATED OFFENSES

Colorado Crimes Involving Fraud

The Crime of Equity skimming of real property in Colorado  18-5-802

A person commits the class 5 felony of equity skimming of real property if he or she acquires an interest in real property that is encumbered by a loan and the loan is in arrears; and either a) fails to apply all rent derived from the property first toward the satisfaction of all outstanding payments due on the loan and second toward any homeowner’s association dues or fees; or b) after a foreclosure, collects rent on behalf of any person other than the owner of the property. 18-5-802 (3)

The Crime of Equity skimming of a vehicle in Colorado 18-5-803

A person commits the class 6 felony of equity skimming of a vehicle if he or she accepts possession or exercises control over a vehicle subject to a security interest, lien, or lease in exchange for a thing of value; and a) sells or leases (or arranges the sale or lease of) the vehicle to a third party without first obtaining written authorization from the creditor, lessor, or lien holder unless the entire balance is satisfied within 30 days of the transaction; or b) knowingly fails to ascertain on a monthly basis whether payments are due to the creditor, lessor, or lien holder and to apply all funds he or she receives for any sale or lease of the vehicle toward the satisfaction of any outstanding payment due in a timely manner. 18-5-803 (2)

The Crime of Identity Theft in Colorado 18-5-902

Identity theft

A person commits the class 4 felony of identity theft if he or she: 18-5-902 (2)

a) knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain anything of value or to make a financial payment; 18-5-902 (1) (a)

b) knowingly possesses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain anything of value or to make a financial payment; 18-5-902 (1) (b)

c) with the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another; 18-5-902 (1) ( c )

d) knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit; or 18-5-902 (1) (d)

e) knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document. 18-5-902 (1) (e)

The Crime of Criminal possession of a financial device in Colorado 18-5-903

A person commits the class 1 misdemeanor of criminal possession of a financial device if he or she possesses or controls one financial device that was delivered under mistake, lost, or stolen from another. 18-5-903 (2) (a)

Criminal possession of a financial device is a class 6 felony if it involves the possession or control of two or more lost or stolen financial devices. 18-5-903 (2) (b)

Criminal possession of a financial device is a class 5 felony if it involves the possession or control of four or more lost or stolen financial devices, at least two of which are issued to different account holders. 18-5-903 (2)

The Crime of Criminal possession of an identification document in Colorado 18-5-903.5

A person commits criminal possession of an identification document if he or she possesses or controls another person’s actual driver’s license, actual government-issued identification card, actual social security card, or actual passport without permission or lawful authority. Criminal possession of one or more identification documents issued to the same person is a class 1 misdemeanor. 18-5-903.5 (2) (a)

Criminal possession of an identification document is a class 6 felony if it involves two or more documents, at least two of which are issued to different persons. 18-5-903.5 (2) (b)

The Crime of Gathering identity information by deception in Colorado  18-5-904

A person commits the class 5 felony of gathering information by deception if he or she makes or conveys a false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal identifying information or financial identifying information of another. 18-5-904 (2)

The Crime of Possession of identity theft tools in Colorado

A person commits the class 5 felony of possession of identity theft tools if he or she possesses any tools, equipment, computer, computer network, scanner, printer, or other article adapted, designed, or commonly used for committing or facilitating the commission of identity theft with the intent to use the tools to commit identity theft. 18-5-905 (2)


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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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