Forgery

Forgery F5 C.R.S. § 18-5-102

With intent to defraud, - falsely utters:

1. Valuable instrument issued gov’t: Ie: money/stamps/securities

2. Corporate stocks/bonds

3. Deed/will/conduct/contract

4. Public record only fileable by a public official;

5. Written instrument created by a public official or govt. agency

2nd Deg. Forgery M2 C.R.S. § 18-5-104

• with intent to defraud,

• falsely utters :;

• not described as felony forgery.

Criminal Simulation M2 C.R.S. § 18-5-110

1(a) W/I intent to defraud

• Makes, alters or represents

• Any object so that it appears to have an antiquity, rarity, source. Authorship, or composition which is in fact false; or

1(b) knowing the object is false

• W/I intent to defraud utters, misrepresents or possesses any object made or altered as described in 1(a)

Criminal Impersonation: F6 C.R.S. § 18-5-113

• knowingly assume a false identity and :

1. Subjects the true person to civil or criminal action;

2. Uses false identity to gain a benefit or defraud another or to defraud another

3. Marry someone using false identity;

4. Becomes a bail or surety to another while under such impersonation;.

Fraud By Check [F – M] C.R.S. § 18-5-205

• Fraud by check = knowing he has insufficient funds with the drawee (bank),

• with intent to defraud,

• issues a check for services, wages, money, property or other thing of value.

• Opening a checking account under a false name = M2.

Note. Level of crime depends on $ amount of fraud o < $2,000 = Misd o > $2,000 = F

Unauthorized Use of a Financial Transaction Device C.R.S. § 18-5-702

• W/ intent to defraud uses a financial transaction device (i.e. – credit card, debit card, etc.)

• To obtain anything of value or making financial payment,

• With notice that:

1. The financial transaction device has expired; or

2. The use of the financial transaction device is unauthorized by either the issuer or by the account holder.

F = >$2,000

Misd. = <$2,000

Criminal Possession of Financial Device C.R.S. 18-5-903

• Possession/control of any FTD knows/should know;

• Is Lost, stolen or delivered by mistake.

• M2

• F6 if 2 or more FTD’s

F5 if more than 4 FTD’s

Criminal Possession of an Identification Document C.R.S. 18-5-903.5

• Knowingly possesses another persons driver’s license, govt issued ID, Soc. Sec. Card

M2 = if possession of 2 or more ID for same person

F6 = 2 or more ID’s for different persons

Gathering Identity Information C.R.S. 18-5-904

• Knowingly makes or conveys material false statement

• w/ intent to obtain personal or financial information

• of another

• F5

Possession of Identity Theft Tools C.R.S. 18-5-905

• Any tools, equipment etc., commonly used to commit Identity theft

• F5

Identity Theft “Use” [F4] C.R.S. § 18-5-902(1)(a)

• Knowingly uses personal or financial identifying information, or financial device of another,

• with the intent to obtain anything of value or to make a financial payment

Identity Theft “Possession” [M2 - F6] C.R.S. § 18-9-902 (1)(b)

• Knowingly possesses

• personal or financial identifying information or financial device, with the intent, to use or allow someone else to use the information or device to obtain anything of value.

Identity Theft “Falsely Made/Altered/ Uttered” [F4] C.R.S. § 18-5-902(1)(c)

• With intent to defraud,

• falsely made, completed, altered, or uttered;

• a written instrument or financial device,

• containing any personal identifying or financial information of another.

Identity Theft “Credit Card Application” [M2 – F6] C.R.S. § 18-4-902(1)(d)

• Knowingly possess personal or financial identifying information of another,

• to obtain application of financial device or other extension of credit. .

• Ie: Credit card application

• 3 or more persons = F6

Identity Theft “Govt. Issued Document” C.R.S. § 18-4-902(1)(e)

• Knowingly use or possess personal identifying information of another,

• with the intent to obtain a government-issued document.