Colorado Identity Theft and Related Offenses
C.R.S. § 18-5-901, et seq.
Colorado Revised Statutes Annotated
Title 18. Criminal Code (Arts. 1 — 26)
Article 5. Offenses Involving Fraud (Pts. 1 — 9)
Part 9. Identity Theft and Related Offenses (§§ 18-5-901 — 18-5-905)
18-5-901. Definitions.
18-5-902. Identity theft.
18-5-903. Criminal possession of a financial device.
18-5-903.5. Criminal possession of an identification document.
18-5-904. Gathering identity information by deception.
18-5-905. Possession of identity theft tools.
18-5-901. Definitions.
As used in this part 9, unless the context otherwise requires:
(1) “Account holder” means any person or business entity named on or associated with the account or named on the face of a financial device to whom or for whose benefit the financial device is issued by an issuer.
(2) “Extension of credit” means any loan or agreement, express or implied, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.
(3) To “falsely alter” a written instrument or financial device means to change a written instrument or financial device without the authority of anyone entitled to grant such authority, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means, so that the written instrument or financial device in its thus altered form falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker.
(4) To “falsely complete” a written instrument or financial device means:
(a) To transform an incomplete written instrument or financial device into a complete one by adding, inserting, or changing matter without the authority of anyone entitled to grant that authority, so that the complete written instrument or financial device falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker; or
(b) To transform an incomplete written instrument or financial device into a complete one by adding or inserting materially false information or adding or inserting a materially false statement. A materially false statement is a false assertion that affects the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion.
(5) To “falsely make” a written instrument or financial device means to make or draw a written instrument or financial device, whether it be in complete or incomplete form, that purports to be an authentic creation of its ostensible maker, but that is not, either because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the making or the drawing of the written instrument or financial device.
(6) “Financial device” means any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to:
(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card;
(b) A check;
(c) A negotiable order of withdrawal;
(d) A share draft; or
(e) A money order.
(7) “Financial identifying information” means any of the following that can be used, alone or in conjunction with any other information, to obtain cash, credit, property, services, or any other thing of value or to make a financial payment:
(a) A personal identification number, credit card number, banking card number, checking account number, debit card number, electronic fund transfer card number, guaranteed check card number, or routing number; or
(b) A number representing a financial account or a number affecting the financial interest, standing, or obligation of or to the account holder.
(8) “Government” means:
(a) The United States and its departments, agencies, or subdivisions;
(b) A state, county, municipality, or other political unit and its departments, agencies, or subdivisions; and
(c) A corporation or other entity established by law to carry out governmental functions.
(9) “Issuer” means a person, a banking, financial, or business institution, or a corporation or other business entity that assigns financial rights by acquiring, distributing, controlling, or canceling an account or a financial device.
(10) “Number” includes, without limitation, any grouping or combination of letters, numbers, or symbols.
(11) “Of another” means that of a natural person, living or dead, or a business entity as defined in section 16-3-301.1 (11)(b), C.R.S.
(12) “Personal identification number” means a number assigned to an account holder by an issuer to permit authorized use of an account or financial device.
(13) “Personal identifying information” means information that may be used, alone or in conjunction with any other information, to identify a specific individual, including but not limited to a name; a date of birth; a social security number; a password; a pass code; an official, government-issued driver’s license or identification card number; a government passport number; biometric data; or an employer, student, or military identification number.
(14) “Utter” means to transfer, pass, or deliver, or to attempt or cause to be transferred, passed, or delivered, to another person a written instrument or financial device, article, or thing.
(15) “Written instrument” means a paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying, or recording information, and any money, token, stamp, seal, badge, or trademark or any evidence or symbol of value, right, privilege, or identification, that is capable of being used to the advantage or disadvantage of another.
History
Source: L. 2006: Entire part added, p. 1319, § 8, effective July 1.
18-5-902. Identity theft.
(1) A person commits identity theft if he or she:
(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 cash, credit, property, services, or any other thing of value or to make a financial payment;
(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 cash, credit, property, services, or any other thing of value or to make a financial payment;
(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;
(d) [Editor’s note: This version of subsection (1)(d) is effective until March 1, 2022.] 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;
(d) [Editor’s note: This version of subsection (1)(d) is effective March 1, 2022.] 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
(e) [Editor’s note: This version of subsection (1)(e) is effective until March 1, 2022.] Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document; or
(e) [Editor’s note: This version of subsection (1)(e) is effective March 1, 2022.] Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document.
(f) (Deleted by amendment, L. 2009, (SB 09-093), ch. 326, p. 1737, § 1, effective July 1, 2009.)
(2) [Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Identity theft is a class 4 felony.
(a) [Editor’s note: This version of subsection (2) is effective March 1, 2022.] Identity theft in violation of subsection (1)(a) or (1)(c) of this section is a class 4 felony.
(b) Identity theft in violation of subsection (1)(b), (1)(d), or (1)(e) of this section is a class 2 misdemeanor; except that it is a class 6 felony if the person possesses three or more financial devices or the personal or financial identifying information of three or more persons.
(3) The court shall be required to sentence the defendant to the department of corrections for a term of at least the minimum of the presumptive range and may sentence the defendant to a maximum of twice the presumptive range if:
(a) The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and
(b) The defendant has a prior conviction for a violation of this part 9 or a prior conviction for an offense committed in any other state, the United States, or any other territory subject to the jurisdiction of the United States that would constitute a violation of this part 9 if committed in this state, or for attempt, conspiracy, or solicitation to commit a violation of this part 9 or for attempt, conspiracy, or solicitation to commit an offense in another jurisdiction that would constitute a violation of this part 9 if committed in this state.
History
Source: L. 2006: Entire part added, p. 1322, § 8, effective July 1. L. 2009:(1)(a), (1)(f), and (3) amended,(SB 09-093), ch. 326, p. 1737, § 1, effective July 1. L. 2021:(1)(d), (1)(e), and (2) amended,(SB 21-271), ch. 462, p. 3190, § 253, effective March 1, 2022.
18-5-903. Criminal possession of a financial device.
(1) A person commits criminal possession of a financial device if the person has in his or her possession or under his or her control any financial device that the person knows, or reasonably should know, to be lost, stolen, or delivered under mistake as to the identity or address of the account holder.
(2)
(a) [Editor’s note: This version of subsection (2)(a) is effective until March 1, 2022.] Criminal possession of one financial device is a class 1 misdemeanor.
(a) [Editor’s note: This version of subsection (2)(a) is effective March 1, 2022.] Criminal possession of one financial device is a class 2 misdemeanor.
(b) Criminal possession of two or more financial devices is a class 6 felony.
(c) Criminal possession of four or more financial devices, of which at least two are issued to different account holders, is a class 5 felony.
History
Source: L. 2006:Entire part added, p. 1323, § 8, effective July 1. L. 2021:(2)(a) amended,(SB 21-271), ch. 462, p. 3191, § 254, effective March 1, 2022.
18-5-903.5. Criminal possession of an identification document.
(1) A person commits criminal possession of an identification document if the person knowingly has in his or her possession or under his or her control another person’s actual driver’s license, actual government-issued identification card, actual social security card, or actual passport, knowing that he or she does so without permission or lawful authority.
(2)
(a) [Editor’s note: This version of subsection (2)(a) is effective until March 1, 2022.] Criminal possession of one or more identification documents issued to the same person is a class 1 misdemeanor.
(a) [Editor’s note: This version of subsection (2)(a) is effective March 1, 2022.] Criminal possession of one or more identification documents issued to the same person is a class 2 misdemeanor.
(b) Criminal possession of two or more identification documents, of which at least two are issued to different persons, is a class 6 felony.
History
Source: L. 2009: Entire section added, (SB 09-093), ch. 326, p. 1738, § 2, effective July 1, 2011. L. 2021:(2)(a) amended,(SB 21-271), ch. 462, p. 3191, § 255, effective March 1, 2022.
18-5-904. Gathering identity information by deception.
(1) A person commits gathering identity information by deception if he or she knowingly makes or conveys a materially 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.
(2) Gathering identity information by deception is a class 5 felony.
History
Source: L. 2006: Entire part added, p. 1323, § 8, effective July 1.
18-5-905. Possession of identity theft tools.
(1) A person commits 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 the offense of identity theft as described in section 18-5-902, and intends to use the thing possessed, or knows that a person intends to use the thing possessed, in the commission of the offense of identity theft.
(2) Possession of identity theft tools is a class 5 felony.
History
Source: L. 2006: Entire part added, p. 1323, § 8, effective July 1.
For more information, see here: https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-18.pdf
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