Offenses Involving Fraud

C.R.S. tit. 18, art. 5
in effect

C.R.S. § 18-5-101 Definitions

18-5-101. Definitions. As used in sections 18-5-101 to 18-5-110, unless the context otherwise requires: (1) "Complete written instrument" means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. (1.5) "Document-making implement" means any implement or impression, including, but not limited to, a template or a computerized template or form, specially designed or primarily used for making identification documents, false identification documents, or another document-making implement. (2) To "falsely alter" a written instrument means to change a written instrument 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 such instrument 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. (3) To "falsely complete" a written instrument means: (a) To transform an incomplete written instrument 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 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 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. (4) To "falsely make" a written instrument means to make or draw a written instrument, whether complete or incomplete, which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, he did not authorize the making or the drawing thereof. (5) "Forged instrument" means a written instrument which has been falsely made, completed, or altered. (6) "Government" means the United States, any state, county, municipality, or other political unit, any department, agency, or subdivision of any of the foregoing, or any corporation or other entity established by law to carry out governmental functions. (6.5) "Identification document" means a document made or issued by or under the authority of the United States government, a state, political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental, or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. (7) "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument. (7.5) "Produce" includes alter, authenticate, or assemble. (8) "Utter" means to transfer, pass, or deliver, or attempt or cause to be transferred, passed, or delivered, to another person any written instrument, article, or thing. (9) "Written instrument" means any 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, credit card, token, stamp, seal, badge, or trademark or any evidence or symbol of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person.

C.R.S. § 18-5-102 Forgery

18-5-102. Forgery. (1) A person commits forgery, if, with intent to defraud, the person falsely makes, completes, alters, or utters a written instrument that is or purports to be, or that is calculated to become or to represent if completed: (a) Part of an issue of money, stamps, securities, or other valuable instruments issued by a government or government agency; or (b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property; or (c) A deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or (d) A public record or an instrument filed or required by law to be filed or legally fileable in or with a public office or public servant; or (e) A written instrument officially issued or created by a public office, public servant, or government agency; or (f) Part of an issue of tokens, transfers, certificates, or other articles manufactured and designed for use in transportation fees upon public conveyances, or as symbols of value usable in place of money for the purchase of property or services available to the public for compensation; or (g) Part of an issue of lottery tickets or shares designed for use in the lottery held pursuant to article 40 of title 44; or (h) A document-making implement that may be used or is used in the production of a false identification document or in the production of another document-making implement to produce false identification documents. (2) Forgery is a class 5 felony. (3) Uttering a forged document to a peace officer shall create a presumption that the person intended to defraud such peace officer.

C.R.S. § 18-5-104 Second degree forgery

18-5-104. Second degree forgery. (1) A person commits second degree forgery if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument of a kind not described in section 18-5-102 or 18-5-104.5. (2) Second degree forgery is a class 2 misdemeanor.

C.R.S. § 18-5-104.5 Use of forged academic record

18-5-104.5. Use of forged academic record. (1) A person commits use of a forged academic record if, with intent to seek employment or with intent to seek admission to a public or private institution of higher education in this state or for the purpose of securing a scholarship or other form of financial assistance from the institution itself or from other public or private sources of financial assistance, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or is calculated to become or to represent if completed, a bona fide academic record of an institution of secondary or higher education. (2) For purposes of this section: (a) "Academic record" means a transcript, diploma, grade report, or similar document of an institution of secondary or higher education. (b) "Financial assistance" means financial assistance for educational purposes, including, but not limited to, loans, scholarships, grants, fellowships, assistantships, work-study programs, or other forms of financial aid. (3) Use of a forged academic record is a class 2 misdemeanor.

C.R.S. § 18-5-105 Criminal possession of a forged instrument

18-5-105. Criminal possession of a forged instrument. A person commits a class 6 felony when, with knowledge that it is forged and with intent to use to defraud, such person possesses any forged instrument of a kind described in section 18-5-102.

C.R.S. § 18-5-106 Criminal possession of second degree forged instrument

18-5-106. Criminal possession of second degree forged instrument. (Repealed)

C.R.S. § 18-5-107 Criminal possession of second degree forged instrument

18-5-107. Criminal possession of second degree forged instrument. A person commits a petty offense, when, with knowledge that it is forged, and with intent to defraud, the person possesses any forged instrument of a kind covered by section 18-5-104.

C.R.S. § 18-5-108 Merger of offenses

18-5-108. Merger of offenses. A person may not be convicted of both forgery and criminal possession of a forged instrument with respect to the same written instrument.

C.R.S. § 18-5-109 Criminal possession of forgery devices

18-5-109. Criminal possession of forgery devices. (1) A person commits criminal possession of forgery devices when: (a) Such person makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting, unlawfully simulating, or otherwise forging written instruments or counterfeit marks; or (b) Such person makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use specified in paragraph (a) of this subsection (1), with intent to use it, or to aid or permit another to use it, for purposes of forgery or the production of counterfeit marks; or (c) Such person illegally possesses a genuine plate, die, or other device used in the production of written instruments or counterfeit marks, with intent to fraudulently use the same; or (d) Such person unlawfully makes, produces, possesses, or utters a document-making implement knowing that such document-making implement may be used or is used in the production of a false identification document or counterfeit mark or another implement for the production of false identification documents or counterfeit marks. (2) Criminal possession of forgery devices: (a) Committed in violation of subsection (1)(a), (1)(b), or (1)(d) of this section is a class 5 felony; (b) Committed in violation of subsection (1)(c) of this section is a class 6 felony. (3) As used in this section, "counterfeit mark" has the meaning set forth in section 18-5-110.5 (3)(a).

C.R.S. § 18-5-110 Criminal simulation

18-5-110. Criminal simulation. (1) A person commits a criminal simulation, when: (a) With intent to defraud, he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have; or (b) With knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified in paragraph (a) of this subsection (1). (2) Criminal simulation is a class 2 misdemeanor.

C.R.S. § 18-5-110.5 Trademark counterfeiting

18-5-110.5. Trademark counterfeiting. (1) A person commits trademark counterfeiting if such person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute marks, goods, or services that the person knows are, bear, or are identified by one or more counterfeit marks and has possession, custody, or control of more than twenty-five items bearing a counterfeit mark. (2) (a) Trademark counterfeiting is: (I) A petty offense if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is less than three hundred dollars; (II) A class 2 misdemeanor if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is three hundred dollars or more but less than one thousand dollars; (III) A class 1 misdemeanor if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one thousand dollars or more but less than two thousand dollars; (IV) A class 6 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is two thousand dollars or more but less than five thousand dollars; (V) A class 5 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is five thousand dollars or more but less than twenty thousand dollars; (VI) A class 4 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is twenty thousand dollars or more but less than one hundred thousand dollars; (VII) A class 3 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one hundred thousand dollars or more but less than one million dollars; and (VIII) A class 2 felony if the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one million dollars or more. (b) In addition to the penalties specified in paragraph (a) of this subsection (2), any person convicted under this section shall be liable for a fine in an amount equal to three times the total retail value of all goods or services that bear or are identified by a counterfeit mark unless extenuating circumstances are shown by such person. (c) The remedies provided in this section are in addition to, and not in lieu of, any other civil or criminal penalties or remedies provided by law. (3) For purposes of this section: (a) "Counterfeit mark" means a mark identical to or substantially indistinguishable from a trademark that, without the permission of the owner of the trademark, is: (I) Affixed or designed to be affixed to, or displayed or otherwise associated with, goods; or (II) Displayed in advertising for, or otherwise associated with, services. (b) (I) "Retail value" means the counterfeiter's regular selling price for the goods or services that bear or are identified by a counterfeit mark. (II) In the case of items bearing a counterfeit mark that are components of a finished product, "retail value" means the counterfeiter's regular selling price for the finished product. (III) For purposes of subsection (2) of this section, the quantity or retail value of goods or services shall include the aggregate quantity or retail value of all marks, goods, and services that are, bear, or are identified by counterfeit marks. (c) "Trademark" means any trademark registered under the laws of this state or of the United States. (4) In a trial under this section, any state or federal certificate of registration of a trademark shall be prima facie evidence of the facts stated therein.

C.R.S. § 18-5-111 Unlawfully using slugs

18-5-111. Unlawfully using slugs. (1) A person commits unlawfully using slugs, if: (a) With intent to defraud the vendor of property or a service sold by means of a coin machine, he knowingly inserts, deposits, or uses a slug in such machine or causes the machine to be operated by any other unauthorized means; or (b) He makes, possesses, or disposes of a slug or slugs with intent to enable a person to use it or them fraudulently in a coin machine. (2) "Coin machine" means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or token made for the purpose and, in return for the insertion or deposit thereof, to offer, to provide, to assist in providing, or to permit the acquisition of some property or some public or private service. (3) "Slug" means any object or article which, by virtue of its size, shape, or any other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill, or token, and of thereby enabling a person to obtain without valid consideration the property or service sold through the machine. (4) Unlawfully using slugs is a petty offense.

C.R.S. § 18-5-112 Obtaining signature by deception

18-5-112. Obtaining signature by deception. (1) A person commits obtaining signature by deception if, by deception and with intent to defraud or to acquire a benefit for himself or another, he causes another to sign or execute a written instrument. (2) As used in this section, "by deception" means by knowingly: (a) Creating or confirming another's impression which is false and which the deceiver does not believe to be true; or (b) Failing to correct a false impression held by another which the deceiver previously has created or confirmed; or (c) Preventing another from acquiring information pertinent to any matter material to a proper understanding of any transaction in which the signature of such person is procured. (3) Obtaining signatures by deception is a class 2 misdemeanor.

C.R.S. § 18-5-113 Criminal impersonation

18-5-113. Criminal impersonation. (1) A person commits criminal impersonation if he or she knowingly: (a) Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she: (I) Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter; (II) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or (III) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or (b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she: (I) Performs an act that, if done by the person falsely impersonated, subjects such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; (II) Performs an act that, if done by the person falsely impersonated, might subject the person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or (III) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another. (2) (a) Criminal impersonation in violation of subsection (1)(a)(III) or (1)(b)(I) of this section is a class 6 felony. (a.5) Criminal impersonation in violation of subsection (1)(a)(I) or (1)(a)(II) of this section is a class 5 felony. (b) Criminal impersonation in violation of subsection (1)(b)(II) of this section is a class 1 misdemeanor. (c) Criminal impersonation in violation of subsection (1)(b)(III) of this section is a class 2 misdemeanor. (3) For the purposes of subsection (1) of this section, using false or fictitious personal identifying information, as defined in section 18-5-901 (13), shall constitute the assumption of a false or fictitious identity or capacity.

C.R.S. § 18-5-114 Offering a false instrument for recording

18-5-114. Offering a false instrument for recording. (1) A person commits offering a false instrument for recording in the first degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee. (2) Offering a false instrument for recording in the first degree is a class 5 felony. (3) A person commits offering a false instrument for recording in the second degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee. (4) Offering a false instrument for recording in the second degree is a class 2 misdemeanor.

C.R.S. § 18-5-116 Controlled substances - inducing consumption by fraudulent means

18-5-116. Controlled substances - inducing consumption by fraudulent means. (1) It is unlawful for any person, surreptitiously or by means of fraud, misrepresentation, suppression of truth, deception, or subterfuge, to cause any other person to unknowingly consume or receive the direct administration of any controlled substance, as defined in section 18-18-102 (5); except that nothing in this section shall diminish the scope of health care authorized by law. (2) Any person who violates the provisions of this section commits a class 4 felony.

C.R.S. § 18-5-117 Unlawful possession of personal identifying information

18-5-117. Unlawful possession of personal identifying information. (Repealed)

C.R.S. § 18-5-118 Offenses involving forgery of a penalty assessment notice issued to a minor under the age of eighteen years - suspension of driving privilege

18-5-118. Offenses involving forgery of a penalty assessment notice issued to a minor under the age of eighteen years - suspension of driving privilege. (Repealed)

C.R.S. § 18-5-119 Theft of personal identifying information

18-5-119. Theft of personal identifying information. (Repealed)

C.R.S. § 18-5-120 Gathering personal information by deception

18-5-120. Gathering personal information by deception. (Repealed)

C.R.S. § 18-5-201.1 Definitions relating to guaranteed check cards

18-5-201.1. Definitions relating to guaranteed check cards. (Repealed)

C.R.S. § 18-5-202 Fraudulent use of a credit device

18-5-202. Fraudulent use of a credit device. (Repealed)

C.R.S. § 18-5-202.1 Fraudulent use of guaranteed check card

18-5-202.1. Fraudulent use of guaranteed check card. (Repealed)

C.R.S. § 18-5-203 Theft of credit device or guaranteed check card

18-5-203. Theft of credit device or guaranteed check card. (Repealed)

C.R.S. § 18-5-204 Criminal possession of credit device or guaranteed check card

18-5-204. Criminal possession of credit device or guaranteed check card. (Repealed)

C.R.S. § 18-5-205 Fraud by check - definitions - penalties

18-5-205. Fraud by check - definitions - penalties. (1) As used in this section, unless the context otherwise requires: (a) "Check" means a written, unconditional order to pay a sum certain in money, drawn on a bank, payable on demand, and signed by the drawer. "Check", for the purposes of this section only, also includes a negotiable order of withdrawal and a share draft. (b) "Drawee" means the bank upon which a check is drawn or a bank, savings and loan association, or credit union on which a negotiable order of withdrawal or a share draft is drawn. (c) "Drawer" means a person, either real or fictitious, whose name appears on a check as the primary obligor, whether the actual signature be that of himself or of a person authorized to draw the check on himself. (d) "Insufficient funds" means a drawer has insufficient funds with the drawee to pay a check when the drawer has no checking account, negotiable order of withdrawal account, or share draft account with the drawee or has funds in such an account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance; and a check dishonored for "no account" shall also be deemed to be dishonored for "insufficient funds". (e) "Issue". A person issues a check when he makes, draws, delivers, or passes it or causes it to be made, drawn, delivered, or passed. (f) "Negotiable order of withdrawal" and "share draft" mean negotiable or transferable instruments drawn on a negotiable order of withdrawal account or a share draft account, as the case may be, for the purpose of making payments to third persons or otherwise. (g) "Negotiable order of withdrawal account" means an account in a bank or savings and loan association and "share draft account" means an account in a credit union, on which payment of interest or dividends may be made on a deposit with respect to which the bank or savings and loan association or the credit union, as the case may be, may require the depositor to give notice of an intended withdrawal not less than thirty days before the withdrawal is made, even though in practice such notice is not required and the depositor is allowed to make withdrawal by negotiable order of withdrawal or share draft. (2) Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check. (3) Fraud by check is: (a) (Deleted by amendment, L. 2007, p. 1693, § 8, effective July 1, 2007.) (a.5) Repealed. (a.7) A petty offense if the fraudulent check was for less than three hundred dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling less than three hundred dollars in the aggregate; (b) A class 2 misdemeanor if the fraudulent check was for the sum of three hundred dollars or more but less than one thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling three hundred dollars or more but less than one thousand dollars in the aggregate; (b.5) (Deleted by amendment, L. 2014.) (c) A class 1 misdemeanor if the fraudulent check was for the sum of one thousand dollars or more but less than two thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling one thousand dollars or more but less than two thousand dollars in the aggregate; leted by amendment, L. 2014.) (c) A class 1 misdemeanor if the fraudulent check was for the sum of one thousand dollars or more but less than two thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling one thousand dollars or more but less than two thousand dollars in the aggregate; (d) A class 6 felony if the fraudulent check was for the sum of two thousand dollars or more but less than five thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling two thousand dollars or more but less than five thousand dollars in the aggregate; (e) A class 5 felony if the fraudulent check was for the sum of five thousand dollars or more but less than twenty thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if the fraudulent check was for the sum of twenty thousand dollars or more but less than one hundred thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty- day period in the state of Colorado totaling twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if the fraudulent check was for the sum of one hundred thousand dollars or more but less than one million dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty- day period in the state of Colorado totaling one hundred thousand dollars or more but less than one million dollars; (h) A class 2 felony if the fraudulent check was for the sum of one million dollars or more or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling one million dollars or more; and (i) A class 6 felony if the fraudulent check was drawn on an account which did not exist or which has been closed for a period of thirty days or more prior to the issuance of said check. (4) Any person having acquired rights with respect to a check which is not paid because the drawer has insufficient funds shall have standing to file a complaint under this section, whether or not he is the payee, holder, or bearer of the check. (5) Any person who opens 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 commits a class 2 misdemeanor. (6) If deferred prosecution is ordered, the court as a condition of supervision shall require the defendant to make restitution on all checks issued by the defendant that are unpaid as of the date of commencement of the supervision in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant. (7) A bank, savings and loan association, or credit union is not civilly or criminally liable for releasing information relating to the drawer's account to a sheriff, deputy sheriff, undersheriff, police officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney or the attorney general investigating or prosecuting a charge under this section. olice officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney or the attorney general investigating or prosecuting a charge under this section. (8) This section does not relieve the prosecution from the necessity of establishing the required culpable mental state. However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if: (a) He has no account upon which the check or order is drawn with the bank or other drawee at the time he issues the check or order; or (b) He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue. (9) Restitution for offenses described in this section may be collected as a condition of pretrial diversion by a district attorney, an employee of a district attorney's office, or a person under contract with a district attorney's office. Such collection is governed by the provisions of article 18.5 of title 16, C.R.S., and is not the collection of a debt.

C.R.S. § 18-5-206 Defrauding a secured creditor or debtor

18-5-206. Defrauding a secured creditor or debtor. (1) If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest, the person commits: (a) (Deleted by amendment, L. 2007, p. 1694, § 9, effective July 1, 2007.) (b) Repealed. (b.5) (Deleted by amendment, L. 2014.) (c) A petty offense if the value of the collateral is less than three hundred dollars; (d) A class 2 misdemeanor if the value of the collateral is three hundred dollars or more but less than one thousand dollars; (e) A class 1 misdemeanor if the value of the collateral is one thousand dollars or more but less than two thousand dollars; (f) A class 6 felony if the value of the collateral is two thousand dollars or more but less than five thousand dollars; (g) A class 5 felony if the value of the collateral is five thousand dollars or more but less than twenty thousand dollars; (h) A class 4 felony if the value of the collateral is twenty thousand dollars or more but less than one hundred thousand dollars; (i) A class 3 felony if the value of the collateral is one hundred thousand dollars or more but less than one million dollars; and (j) A class 2 felony if the value of the collateral is one million dollars or more. (2) If a creditor, with intent to defraud a debtor, sells, assigns, transfers, conveys, pledges, buys, or encumbers a promissory note or contract signed by the debtor, the creditor commits: (a) (Deleted by amendment, L. 2007, p. 1694, § 9, effective July 1, 2007.) (b) Repealed. (b.5) (Deleted by amendment, L. 2014.) (c) A petty offense if the amount owing on the note or contract is less than three hundred dollars; (d) A class 2 misdemeanor if the amount owing on the note or contract is three hundred dollars or more but less than one thousand dollars; (e) A class 1 misdemeanor if the amount owing on the note or contract is one thousand dollars or more but less than two thousand dollars; (f) A class 6 felony if the amount owing on the note or contract is two thousand dollars or more but less than five thousand dollars; (g) A class 5 felony if the amount owing on the note or contract is five thousand dollars or more but less than twenty thousand dollars; (h) A class 4 felony if the amount owing on the note or contract is twenty thousand dollars or more but less than one hundred thousand dollars; (i) A class 3 felony if the amount owing on the note or contract is one hundred thousand dollars or more but less than one million dollars; and (j) A class 2 felony if the amount owing on the note or contract is one million dollars or more.

C.R.S. § 18-5-207 Purchase on credit to defraud

18-5-207. Purchase on credit to defraud. A person who purchases any personal property on credit and thereafter, before paying for it, sells, hypothecates, pledges, or disposes of it with intent to defraud the seller or vendor commits a class 2 misdemeanor.

C.R.S. § 18-5-208 Dual contracts to induce loan

18-5-208. Dual contracts to induce loan. It is a class 2 misdemeanor for any person to knowingly make, issue, deliver, or receive dual contracts for the purchase or sale of real property. The term "dual contracts", either written or oral, means two separate contracts concerning the same parcel of real property, one of which states the true and actual purchase price and one of which states a purchase price in excess of the true and actual purchase price, and is used, or intended to be used, to induce persons to make a loan or a loan commitment on such real property in reliance upon the stated inflated value.

C.R.S. § 18-5-209 Issuing a false financial statement - obtaining a financial transaction device by false statements

18-5-209. Issuing a false financial statement - obtaining a financial transaction device by false statements. (1) A person commits issuing a false financial statement if, with intent to defraud, he: (a) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of himself or another person and which is false in some material respect and reasonably relied upon; or (b) Represents in writing that a written instrument purporting to describe another person's financial condition or ability to pay as of a prior date is accurate with respect to that person's current financial condition or ability to pay, knowing the instrument to be materially false in that respect and reasonably relied upon. (2) Issuing a false financial statement is a class 2 misdemeanor. (3) A person commits issuing a false financial statement for purposes of obtaining a financial transaction device, as defined in section 18-5-701 (3), if, with intent to defraud, upon filing an application for a financial transaction device with an issuer, he knowingly makes or causes to be made a false statement or report, which is false in some material respect and reasonably relied upon, relative to his name, occupation, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction device. (4) Issuing a false financial statement for purposes of obtaining a financial transaction device when such device is used to obtain property or services or money is a class 2 misdemeanor. (5) Issuing two or more false financial statements for purposes of obtaining two or more financial transaction devices when such devices are used to obtain property or services or money is a class 6 felony.

C.R.S. § 18-5-210 Receiving deposits in a failing financial institution

18-5-210. Receiving deposits in a failing financial institution. A person commits a class 6 felony if, as an officer, manager, or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of a deposit or investment, knowing that the institution is insolvent. A financial institution is insolvent within the meaning of this section when from any cause it is unable to pay its obligations in the ordinary or usual course of business or its liabilities exceed its assets.

C.R.S. § 18-5-211 Insurance fraud - definitions

18-5-211. Insurance fraud - definitions. (1) A person commits insurance fraud if the person does any of the following: (a) With an intent to defraud presents or causes to be presented in written, verbal, or digital form an application or request for the issuance, modification, or renewal of an insurance policy, which application or request, or documentation in support of such application or request, contains false material information or withholds material information that is requested by the insurer and results in the issuance of an insurance policy or insurance coverage for the applicant or another; (b) With an intent to defraud presents or causes to be presented any insurance claim, which claim contains false material information or withholds material information; (c) With an intent to defraud causes or participates, or purports to be involved, in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent insurance claim; (d) With an intent to defraud presents or causes to be presented an insurance claim where the loss or damage claimed occurred outside of the period of time that coverage was in effect for the applicable contract of insurance or policy unless otherwise permitted under the contract of insurance or policy; or (e) With an intent to defraud presents or causes to be presented any written, verbal, or digital material or statement as part of, in support of or in opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the material or statement contains false material information or withholds material information. (2) A person commits insurance fraud if he or she knowingly moves, diverts, or misappropriates premium funds belonging to an insurer or unearned premium funds belonging to an insured or applicant for insurance from a trust or other account without the authorization of the owner of the funds or other lawful justification. (3) A person commits insurance fraud if he or she with an intent to defraud makes, alters, presents, or causes to be presented a certificate or other evidence of the existence of insurance in any form that contains false material information or omits material information. (4) (a) Insurance fraud committed in violation of subsection (1)(a) of this section is a class 2 misdemeanor. (b) Insurance fraud committed in violation of subsections (1)(b) to (1)(e) or subsection (3) of this section is a class 6 felony. (c) Insurance fraud committed in violation of subsection (2) of this section is a class 5 felony. (5) The commissioner of insurance shall revoke the license to conduct business in this state of any licensed insurance producer under article 2 of title 10, C.R.S., who is convicted of any provision under this section. (6) No provision of this article 5 may be interpreted to supersede, limit, abrogate, or impair the ability of the prosecuting authority to concurrently bring charges for any other state criminal offense that is otherwise applicable in addition to any offenses described by this section. (7) As used in this section, unless the context otherwise requires: (a) "Claim" means a demand for money, property, or services pursuant to a contract of insurance as well as any documentation in support of such claim whether submitted contemporaneously with the claim or at a different time. A claim and any supporting information may be in written, verbal, or digital form. (b) "Insurance" has the same meaning as defined in section 10-1-102 (12), C.R.S. (c) "Insurance producer" has the same meaning as defined in section 10-2-103 (6), C.R.S. (d) "Insurer" has the same meaning as defined in section 10-1-102 (13), C.R.S. ubmitted contemporaneously with the claim or at a different time. A claim and any supporting information may be in written, verbal, or digital form. (b) "Insurance" has the same meaning as defined in section 10-1-102 (12), C.R.S. (c) "Insurance producer" has the same meaning as defined in section 10-2-103 (6), C.R.S. (d) "Insurer" has the same meaning as defined in section 10-1-102 (13), C.R.S. (e) "Material information" is a statement or assertion directly pertaining to an application for insurance or an insurance claim that a reasonable person making such an assertion knows or should know will affect the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that would directly or indirectly benefit the person making the assertion.

C.R.S. § 18-5-301 Fraud in effecting sales

18-5-301. Fraud in effecting sales. (1) A person commits a class 2 misdemeanor if, in the course of business, he knowingly: (a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or (b) Sells, offers, or exposes for sale or delivers less than the represented quantity of any commodity or service; or (c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or (d) Sells, offers, or exposes for sale an adulterated or mislabeled commodity. "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage; or (e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services. (f) Repealed.

C.R.S. § 18-5-302 Unlawful activity concerning the selling of land

18-5-302. Unlawful activity concerning the selling of land. (1) Any person who, after once selling, bartering, or disposing of any land, or executing any bond or agreement for sale of any land, again sells, barters, or disposes of the same tract of land or any part thereof, or executes any bond or agreement to sell or barter or dispose of the same land or any part thereof, to any other person, with intent to defraud, commits selling land twice. Selling land twice is a class 5 felony. (2) Any person who knowingly makes a false representation as to the existence of an ownership interest in land which he has as a seller or which his principal has, and which is relied upon, commits a class 6 felony. (3) A person who signs a lien waiver for a construction loan under section 38-22-119 and knowingly fails to timely pay any debts resulting from a construction agreement covered by the waiver commits a class 2 misdemeanor, unless there is a bona fide dispute as to the existence or amount of the debt.

C.R.S. § 18-5-303 Bait advertising

18-5-303. Bait advertising. (1) A person commits bait advertising if, in any manner, including advertising or any other means of communication, he offers property or services as part of a scheme or plan, with the intent, plan, or purpose not to sell or provide the advertised property or services at all, or not at the price at which he offered them, or not in a quantity sufficient to meet the reasonable expected public demand, unless the quantity is specifically stated in the advertisement. (2) It shall be an affirmative defense that a television or radio broadcasting station or a publisher or printer of a newspaper, magazine, or other form of printed advertising which broadcasted, published, or printed a false advertisement prohibited by section 18-5-301 (1)(e) or a bait advertisement prohibited by subsection (1) of this section or a telephone company which furnished service to a subscriber did so without knowledge of the advertiser's or subscriber's intent, plan, or purpose. (3) Bait advertising is a class 2 misdemeanor.

C.R.S. § 18-5-304 False statements as to circulation

18-5-304. False statements as to circulation. It is a civil infraction for any person engaged in the publication of any newspaper, magazine, periodical, or other advertising medium published in the state of Colorado or for any employee of any such publisher knowingly to make any statement concerning the circulation of the newspaper, magazine, periodical, or other advertising medium which is untrue or misleading where such publisher fixes his charges for advertising space in the publication on the amount of its circulation.

C.R.S. § 18-5-305 Identification number - altering - possession

18-5-305. Identification number - altering - possession. (1) A person commits the crime of altering identification number if, with intent that identification of an article be hindered or prevented, he obscures an identification number or in the course of business he sells, offers for sale, leases, or otherwise disposes of an article knowing that an identification number thereon is obscured. (2) "Identification number" means a serial or motor number placed by the manufacturer upon an article as a permanent individual identifying mark. (3) "Obscure" means to destroy, remove, alter, conceal, or deface so as to render illegible by ordinary means of inspection. (4) Possession of an article on which an identification number is obscured is prima facie evidence that the person possessing it obscured the number with intent to hinder or prevent identification of the article, and that he knows that the identification number is obscured, unless, prior to his arrest or the issuance of a warrant for a search of the premises where the article is kept, whichever is earlier, he reports possession of the article to the police or other appropriate law enforcement agency. (5) Altering identification number is a class 2 misdemeanor.

C.R.S. § 18-5-306 Counterfeit or imitation controlled substances

18-5-306. Counterfeit or imitation controlled substances. (Repealed)

C.R.S. § 18-5-307 Fee paid to private employment agencies

18-5-307. Fee paid to private employment agencies. (1) As used in this section: (a) "Applicant" means any person applying to a private employment agency in order to secure employment with any person, firm, association, or corporation other than the private employment agency. (b) "Employment" means every character of service rendered or to be rendered for wages, salary, commission, or other form of remuneration. (b.5) "Fee-paid position" means a position of employment which is available to an applicant where no fee or cost accrues to the applicant as a condition of obtaining such position. (c) (I) "Private employment agency" means any nongovernmental person, firm, association, or corporation which secures or attempts to secure employment, arranges an interview between an applicant and a specific employer other than itself, or, by any form of advertising or representation, holds itself out to a prospective applicant as able to secure employment for the applicant with any person, firm, association, or corporation other than itself, or engages in employment counseling and in connection therewith supplies or represents that it is able to supply employers or available jobs, where an applicant may become liable for the payment of a fee, either directly or indirectly. (II) "Private employment agency" also means any nongovernmental person, firm, association, or corporation which provides a list of potential employers or available jobs in a publication, if the primary purpose of the publication, as represented by the provider, is to enable applicants to find employment or to list available jobs and if the applicant is charged more than twenty dollars within any period of time of thirty days or less for access to the publication or revisions or updates thereof, unless the listings of all jobs in the publication are initiated by employers rather than the provider. (2) Any fee paid by an applicant to a private employment agency shall be by written contractual agreement which includes specific provisions for refunds and extended payment options. The exclusion of said options from the contractual agreement shall be explicitly stated in said agreement. (3) No fee shall be charged by a private employment agency until an applicant is placed in employment. (4) In the event employment terminates for any reason within one hundred calendar days, an applicant shall not be required to pay a fee to a private employment agency in excess of one percent of the total fee for each calendar day elapsed between the beginning and termination of employment. For purposes of this subsection (4), the amount of the total fee shall be based on the actual gross income earned, annualized in accordance with the contractual fee schedule. (5) In the event employment terminates for any reason within one hundred calendar days, a private employment agency shall refund any portion of a fee paid by an applicant in excess of the limits specified in subsection (4) of this section. Such a refund shall be made in full within seven calendar days of said agency's receipt of written notification of the termination of employment; except that, if it has not been determined within that period of time that the instrument used to pay the fee is backed by sufficient funds, the refund is due upon such determination. If a refund is not made when due, the private employment agency is liable to the applicant for the refund due plus an additional sum equal to the amount of the refund. (5.5) It shall be unlawful for any private employment agency knowingly to do or cause to be done any of the following: (a) Send an applicant to any fictitious job or position or make any false representation concerning the availability of employment; (b) Send an applicant to any place where a strike or lockout exists or is impending without notifying the applicant of the circumstances; refund. (5.5) It shall be unlawful for any private employment agency knowingly to do or cause to be done any of the following: (a) Send an applicant to any fictitious job or position or make any false representation concerning the availability of employment; (b) Send an applicant to any place where a strike or lockout exists or is impending without notifying the applicant of the circumstances; (c) Conspire or arrange with any employer to secure the discharge of an employee or give or receive any gratuity or divide or share with an employer any fee, charge, or remuneration received from any applicant for employment; (d) Circulate or publish, by advertisement or otherwise, any false statements or representations to persons seeking employment or to employers seeking employees; (e) Fail to refund fees to an applicant where such refund is due pursuant to subsection (5) of this section; (f) Advertise or represent the availability of fee-paid positions where no cost accrues to the applicant if hired in such a manner as to confuse such position with other available positions which are not available on a fee-paid basis; (g) Advertise or represent that an available position is available on a free or no fee basis or otherwise indicate that no charge or cost accrues to anyone when in fact the employer is obligated to pay a fee contingent upon the acceptance of employment of the applicant; (h) Advertise for any position, including personnel for its own staff, without identifying in the advertisement that it is a private employment agency. (6) A private employment agency or any employee of such agency commits a class 2 misdemeanor if said agency or employee knowingly violates any provision of this section. (7) A private employment agency which has been convicted of a misdemeanor pursuant to this article, or any person connected therewith pursuant to paragraph (c) of subsection (1) of this section prior to conducting business in this state after such conviction, regardless of how classified as person, firm, association, or corporation, shall file with the department of labor and employment a cash or corporate surety bond in the sum of twenty thousand dollars. Such bond shall be executed by the private employment agency as principal and by a surety company authorized to do business in this state. Said private employment agency shall maintain such bond in effect as long as it conducts business in this state. Any person who suffers loss or damage as the result of a violation of this article, including any person who is owed a refund or any part thereof pursuant to subsections (4) and (5) of this section, may recover against the bond to the extent of the loss or damage suffered. A surety on any bond filed under the provisions of this section shall be released therefrom after such surety serves written notice thereof to the department of labor and employment at least sixty days prior to such release. Said release shall not discharge or otherwise affect any claim for loss or damage which occurred while said bond was in effect or which occurred under any contract executed during any period of time when said bond was in effect, except when another bond is filed in a like amount and provides indemnification for any such loss. The sole responsibilities of the department of labor and employment under this subsection (7) shall be to serve as a repository of bonds filed pursuant to this subsection (7) and to notify the district attorney in the county in which a private employment agency is located when the department of labor and employment receives written notice from a surety seeking release from a bond that has been filed with the department of labor and employment by said private employment agency pursuant to this subsection (7) as a repository of bonds filed pursuant to this subsection (7) and to notify the district attorney in the county in which a private employment agency is located when the department of labor and employment receives written notice from a surety seeking release from a bond that has been filed with the department of labor and employment by said private employment agency pursuant to this subsection (7). A private employment agency that violates the provisions of this section with regard to any three or more different applicants in any one-year period shall be deemed a class 1 public nuisance and shall be subject to the provisions of part 3 of article 13 of title 16, C.R.S. Any surety bond filed by such agency shall be forfeited and the proceeds distributed as provided in section 16-13-311, C.R.S.

C.R.S. § 18-5-308 Electronic mail fraud

18-5-308. Electronic mail fraud. (1) A person commits electronic mail fraud if he or she violates any provision of 18 U.S.C. sec. 1037 (a). (2) This section shall not apply to a provider of internet access service, as defined in 47 U.S.C. sec. 231, who does not initiate the commercial electronic mail message. (3) Electronic mail fraud is a class 2 misdemeanor.

C.R.S. § 18-5-309 Money laundering - illegal investments - penalty - definitions

18-5-309. Money laundering - illegal investments - penalty - definitions. (1) A person commits money laundering if he or she: (a) Conducts or attempts to conduct a financial transaction that involves money or any other thing of value that he or she knows or believes to be the proceeds, in any form, of a criminal offense: (I) With the intent to promote the commission of a criminal offense; or (II) With knowledge or a belief that the transaction is designed in whole or in part to: (A) Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or (B) Avoid a transaction reporting requirement under federal law; (b) Transports, transmits, or transfers a monetary instrument or moneys: (I) With the intent to promote the commission of a criminal offense; or (II) With knowledge or a belief that the monetary instrument or moneys represent the proceeds of a criminal offense and that the transportation, transmission, or transfer is designed, in whole or in part, to: (A) Conceal or disguise the nature, location, source, ownership, or control of the proceeds of a criminal offense; or (B) Avoid a transaction reporting requirement under federal law; or (c) Intentionally conducts a financial transaction involving property that is represented to be the proceeds of a criminal offense, or involving property that the person knows or believes to have been used to conduct or facilitate a criminal offense, to: (I) Promote the commission of a criminal offense; (II) Conceal or disguise the nature, location, source, ownership, or control of property that the person believes to be the proceeds of a criminal offense; or (III) Avoid a transaction reporting requirement under federal law. (2) Money laundering is a class 3 felony. (3) As used in this section, unless the context otherwise requires: (a) "Conducts or attempts to conduct a financial transaction" includes, but is not limited to, initiating, concluding, or participating in the initiation or conclusion of a transaction. (b) "Financial transaction" means a transaction involving: (I) The movement of moneys by wire or other means; (II) One or more monetary instruments; (III) The transfer of title to any real property, vehicle, vessel, or aircraft; or (IV) The use of a financial institution. (c) "Monetary instrument" means: (I) Coin or currency of the United States or any other country; a traveler's check; a personal check; a bank check; a cashier's check; a money order; a bank draft of any country; or gold, silver, or platinum bullion or coins; (II) An investment security or negotiable instrument in bearer form or in other form such that title passes upon delivery; or (III) A gift card or other device that is the equivalent of money and can be used to obtain cash, property, or services. (d) "Represent" includes, but is not limited to, the making of a representation by a peace officer, a federal officer, or another person acting at the direction of, or with the approval of, a peace officer or federal officer. (e) "Transaction" includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition and, with respect to a financial institution, includes a deposit; a withdrawal; a transfer between accounts; an exchange of currency; a loan; an extension of credit; a purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument; the use of a safe deposit box; or any other payment, transfer, or delivery by, through, or to a financial institution by whatever means.

C.R.S. § 18-5-401 Commercial bribery and breach of duty to act disinterestedly

18-5-401. Commercial bribery and breach of duty to act disinterestedly. (1) A person commits a class 6 felony if he solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as: (a) Agent or employee; or (b) Trustee, guardian, or other fiduciary; or (c) Lawyer, physician, accountant, appraiser, or other professional adviser; or (d) Officer, director, partner, manager, or other participant in the direction of the affairs of an incorporated or unincorporated association; or (e) Duly elected or appointed representative or trustee of a labor organization or employee welfare trust fund; or (f) Arbitrator or other purportedly disinterested adjudicator or referee. (2) A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, property, or services commits a class 6 felony if he knowingly solicits, accepts, or agrees to accept any benefit to alter, modify, or change his selection, appraisal, or criticism. (3) A person commits a class 6 felony if he confers or offers or agrees to confer any benefit the acceptance of which would be a felony under subsections (1) and (2) of this section.

C.R.S. § 18-5-402 Rigging publicly exhibited contests

18-5-402. Rigging publicly exhibited contests. (1) A person commits a civil infraction if, with the intent to prevent a publicly exhibited or advertised contest from being conducted in accordance with the rules and usages purporting to govern it, the person: (a) Confers or offers or agrees to confer any benefit upon, or threatens any detriment to a participant, official, or other person associated with the contest or exhibition; or (b) Tampers with any person, animal, or thing; or (c) Knowingly solicits, accepts, or agrees to accept any benefit the conferring of which is prohibited by paragraph (a) of this subsection (1). (2) A person commits a civil infraction if the person knowingly engages in, sponsors, produces, judges, or otherwise participates in a publicly exhibited or advertised contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct prohibited by this section.

C.R.S. § 18-5-403 Bribery in sports

18-5-403. Bribery in sports. (1) As used in this section: (a) "Sports contest" means any professional or amateur sport or athletic game, race, or contest viewed by the public. (b) "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant, or member of a team, or as a coach, manager, trainer, owner, or other person directly associated with a player, contestant, team, or entry. (c) "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge, or otherwise to officiate at a sports contest. (2) A person commits bribery in sports if: (a) He confers, or offers or agrees to confer, any benefit upon or threatens any detriment to a sports participant with intent to influence him not to give his best efforts in a sports contest; or (b) He confers, or offers or agrees to confer, any benefit upon or threatens any detriment to a sports official with intent to influence him to perform his duties improperly; or (c) Being a sports participant, he knowingly accepts, agrees to accept, or solicits any benefit from another person upon an understanding that he will thereby be influenced not to give his best efforts in a sports contest; or (d) Being a sports official, he knowingly accepts, agrees to accept, or solicits any benefit from another person upon an understanding that he will perform his duties improperly; or (e) With intent to influence the outcome of a sports contest, he tampers with any sports participant, sports official, or any animal or equipment or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules and usages purporting to govern such a contest. (3) Bribery in sports is a class 6 felony.

C.R.S. § 18-5-501 Definitions

18-5-501. Definitions. The definitions set forth in the "Uniform Commercial Code", title 4, C.R.S., shall apply to sections 18-5-502 to 18-5-511.

C.R.S. § 18-5-502 Failure to pay over assigned accounts

18-5-502. Failure to pay over assigned accounts. (1) When, under the terms of an assignment of an account, as defined in section 4-9-102 (a)(2), the assignor, being permitted to collect the proceeds from the debtor, is to pay over to the assignee any of the proceeds and, after collection thereof, the assignor willfully and wrongfully fails to pay over to the assignee the proceeds, the person commits failure to pay over assigned accounts. (2) Failure to pay over assigned accounts is: (a) A petty offense if the amount is less than three hundred dollars; (b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars; (e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony if the amount is one million dollars or more.

C.R.S. § 18-5-503 Criminal liability of transferor of a bulk transfer

18-5-503. Criminal liability of transferor of a bulk transfer. (Repealed)

C.R.S. § 18-5-504 Concealment or removal of secured property

18-5-504. Concealment or removal of secured property. (1) If a person who has given a security interest in personal property, as security interest is defined in section 4-1-201 (b)(35), or other person with actual knowledge of the security interest, during the existence of the security interest, knowingly conceals or removes the encumbered property from the state of Colorado without written consent of the secured creditor, the person commits concealment or removal of secured property. (2) Concealment or removal of secured property is: (a) A petty offense if the amount is less than three hundred dollars; (b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars; (e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony if the amount is one million dollars or more.

C.R.S. § 18-5-505 Failure to pay over proceeds unlawful

18-5-505. Failure to pay over proceeds unlawful. (1) When, under the terms of an instrument creating a security interest in personal property, as security interest is defined in section 4-1-201 (b)(35), the person giving the security interest and retaining possession of the encumbered property and having liberty of sale or other disposition, is required to account to the secured creditor for the proceeds of the sale or other disposition, and willfully and wrongfully fails to pay to the secured creditor the amounts due on account thereof, the person giving the security interest commits failure to pay over proceeds. (2) Failure to pay over proceeds is: (a) A petty offense if the amount is less than three hundred dollars; (b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars; (e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony if the amount is one million dollars or more.

C.R.S. § 18-5-506 Fraudulent receipt - penalty

18-5-506. Fraudulent receipt - penalty. A warehouse, as defined in section 4-7-102 (a)(13), or any officer, agent, or servant of a warehouse, that issues or aids in issuing a receipt knowing that the goods for which the receipt is issued have not been actually received by the warehouse, or are not under the warehouse's actual control at the time of issuing the receipt, commits a class 2 misdemeanor.

C.R.S. § 18-5-507 False statement in receipt - penalty

18-5-507. False statement in receipt - penalty. A warehouse, as defined in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a warehouse, that fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, commits a class 2 misdemeanor.

C.R.S. § 18-5-508 Duplicate receipt not marked - penalty

18-5-508. Duplicate receipt not marked - penalty. A warehouse, as defined in section 4-7-102 (a)(13), or any officer, agent, or servant of a warehouse, that issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncancelled, without placing upon the face thereof the word "duplicate", except in case of a lost or destroyed receipt after proceedings as provided for in section 4-7-601, commits a class 2 misdemeanor.

C.R.S. § 18-5-509 Warehouse's goods mingled - receipts - penalty

18-5-509. Warehouse's goods mingled - receipts - penalty. Where there are deposited with or held by a warehouse, as defined in section 4-7-102 (a)(13), C.R.S., goods of which the warehouse is owner, either solely or jointly or in common with others, the warehouse or any of the warehouse's officers, agents, or servants that, knowing this ownership, issue or aid in issuing a negotiable receipt for the goods that does not state such ownership commits a class 2 misdemeanor.

C.R.S. § 18-5-510 Delivery of goods without receipt - penalty

18-5-510. Delivery of goods without receipt - penalty. A warehouse, as defined in section 4-7-102 (a)(13), C.R.S., or any officer, agent, or servant of a warehouse, that delivers goods out of the possession of such warehouse, knowing that a negotiable receipt the negotiation of which would transfer the right of the possession of those goods is outstanding and uncancelled, without obtaining the possession of that receipt at or before the time of the delivery, except the cases provided for in section 4-7-601, C.R.S., commits a class 2 misdemeanor.

C.R.S. § 18-5-511 Mortgaged goods receipt - penalty

18-5-511. Mortgaged goods receipt - penalty. Any person who deposits goods to which the person does not have title, or upon which there is a security interest in personal property, as security interest is defined in section 4-1-201 (b)(35), C.R.S., and who takes for such goods a negotiable receipt that the person afterwards negotiates for value with intent to deceive and without disclosing the person's want of title or the existence of such security interest, commits a class 2 misdemeanor.

C.R.S. § 18-5-512 Issuance of bad check

18-5-512. Issuance of bad check. (1) In adopting this section, the general assembly declares as a matter of policy that the issuance and delivery of a known bad check by any person is, in itself, not only harmful to the person to whom it is given but is also injurious to the community at large and is, therefore, a proper subject for criminal sanction without regard to the purpose for which the check was given. (2) "Insufficient funds" means not having a sufficient balance in account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment and it remains unpaid thirty days after such presentment. (3) Except as provided in section 18-5-205, a person commits a petty offense if the person issues or passes a check or similar sight order for the payment of money, knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance. (4) This section does not relieve the prosecution from the necessity of establishing the required knowledge by evidence. However, for purposes of this section, the issuer's knowledge of insufficient funds is presumed, except in the case of a postdated check or order, if: (a) He has no account with the bank or other drawee at the time he issues the check or order; or (b) He has insufficient funds upon deposit with the bank or other drawee to pay the check or order, on presentation within thirty days after issue. (5) A bank shall not be civilly or criminally liable for releasing information relating to the issuer's account to a sheriff, deputy sheriff, undersheriff, police officer, agent of the Colorado bureau of investigation, division of gaming investigator, division of lottery investigator, parks and outdoor recreation officer, Colorado wildlife officer, district attorney, assistant district attorney, deputy district attorney, or authorized investigator for a district attorney investigating or prosecuting a charge under this section. (6) Restitution for offenses described in this section may be collected as a condition of pretrial diversion by a district attorney, an employee of a district attorney's office, or a person under contract with a district attorney's office. Such collection is governed by the provisions of article 18.5 of title 16, C.R.S., and is not the collection of a debt.

C.R.S. § 18-5-701 Definitions

18-5-701. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Account holder" means the person or business entity named on the face of a financial transaction device to whom or for whose benefit the financial transaction device is issued by an issuer. (2) "Automated banking device" means any machine which, when properly activated by a financial transaction device or a personal identification code, may be used for any of the purposes for which a financial transaction device may be used. (3) "Financial transaction device" means any instrument or device whether known as a credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card, or account number representing a financial account or affecting the financial interest, standing, or obligation of or to the account holder, that can be used to obtain cash, goods, property, or services or to make financial payments, but shall not include a "check", a "negotiable order of withdrawal", and a "share draft" as defined in section 18-5-205. (4) "Issuer" means any person or banking, financial, or business institution, corporation, or other business entity that assigns financial rights by acquiring, distributing, controlling, or canceling a financial transaction device. (5) "Personal identification code" means any grouping of letters, numbers, or symbols assigned to the account holder of a financial transaction device by the issuer to permit authorized electronic use of that financial transaction device. (6) "Sales form" means any written record of a financial transaction involving use of a financial transaction device.

C.R.S. § 18-5-702 Unauthorized use of a financial transaction device

18-5-702. Unauthorized use of a financial transaction device. (1) A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to defraud, and with notice that either: (a) The financial transaction device has expired, has been revoked, or has been canceled; or (b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder. (2) For purposes of paragraphs (a) and (b) of subsection (1) of this section, "notice" includes either notice given in person or notice given in writing to the account holder. The sending of a notice in writing by registered or certified mail, return receipt requested, duly stamped and addressed to such account holder at his last address known to the issuer, evidenced by a signed returned receipt signed by the account holder, is prima facie evidence that the notice was received. (3) Unauthorized use of a financial transaction device is: (a) (Deleted by amendment, L. 2007, p. 1695, § 13, effective July 1, 2007.) (b) Repealed. (c) A petty offense if the value of the cash, credit, property, or services obtained or of the financial payments made is less than three hundred dollars; (d) A class 2 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is three hundred dollars or more but less than one thousand dollars; (e) A class 1 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is one thousand dollars or more but less than two thousand dollars; (f) A class 6 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is two thousand dollars or more but less than five thousand dollars; (g) A class 5 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is five thousand dollars or more but less than twenty thousand dollars; (h) A class 4 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is twenty thousand dollars or more but less than one hundred thousand dollars; (i) A class 3 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one hundred thousand dollars or more but less than one million dollars; and (j) A class 2 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one million dollars or more. (4) The value of the cash, credit, property, or services obtained and the financial payments made shall be the total value of the cash, credit, property, or services obtained or financial payments made by unauthorized use of a single financial transaction device within a six-month period from the date of the first unauthorized use.

C.R.S. § 18-5-703 Criminal possession of a financial transaction device

18-5-703. Criminal possession of a financial transaction device. (Repealed)

C.R.S. § 18-5-704 Sale or possession for sale of a financial transaction device

18-5-704. Sale or possession for sale of a financial transaction device. (Repealed)

C.R.S. § 18-5-705 Criminal possession or sale of a blank financial transaction device

18-5-705. Criminal possession or sale of a blank financial transaction device. (1) A person commits criminal possession or sale of a blank financial transaction device if, without the authorization of the issuer or manufacturer, he has in his possession or under his control or receives from another person, with intent to use, deliver, circulate, or sell it or with intent to cause the use, delivery, circulation, or sale of it, or sells any financial transaction device which has not been embossed or magnetically encoded with the name of the account holder, personal identification code, expiration date, or other proprietary institutional information. (2) Criminal possession of a blank financial transaction device is a class 6 felony. (3) Criminal possession of two or more blank financial transaction devices is a class 5 felony. (4) Delivery, circulation, or sale of one blank financial transaction device is a class 5 felony. (5) Delivery, circulation, or sale of two or more blank financial transaction devices is a class 3 felony. (6) For purposes of this section, a blank financial transaction device is one that has at least one or more characteristics of a financial transaction device but does not contain all of the characteristics of a completed financial transaction device.

C.R.S. § 18-5-706 Criminal possession of forgery devices

18-5-706. Criminal possession of forgery devices. (1) A person commits possession of forgery devices if he possesses any tools, photographic equipment, printing equipment, or any other device adapted, designed, or commonly used for committing or facilitating the commission of an offense involving the unauthorized manufacture, printing, embossing, or magnetic encoding of a financial transaction device or the altering or addition of any uniform product codes, optical characters, or holographic images to a financial transaction device, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense. (2) Possession of a forgery device is a class 5 felony.

C.R.S. § 18-5-707 Unlawful manufacture of a financial transaction device

18-5-707. Unlawful manufacture of a financial transaction device. (1) A person commits unlawful manufacture of a financial transaction device if, with intent to defraud, he: (a) Falsely makes or manufactures, by printing, embossing, or magnetically encoding, a financial transaction device; or (b) Falsely alters or adds uniform product codes, optical characters, or holographic images to a device which is or purports to be, or which is calculated to become or to represent if completed, a financial transaction device; or (c) Falsely completes a financial transaction device by adding to an incomplete device to make it a complete one. (2) As used in this section, unless the context otherwise requires: (a) To "falsely alter" a financial transaction device means to change such 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 such 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 issuer. (b) To "falsely complete" a financial transaction device means to transform an incomplete 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 device falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible issuer. (c) To "falsely make" a financial transaction device means to make or manufacture a device, whether complete or incomplete, which purports to be an authentic creation of its ostensible issuer, but which is not, either because the ostensible issuer is fictitious or because, if real, he did not authorize the making or the manufacturing thereof. (3) Unlawful manufacture of a financial transaction device is a class 5 felony.

C.R.S. § 18-5-801 Definitions

18-5-801. Definitions. As used in this part 8, unless the context otherwise requires: (1) "Lease" means any grant of use and possession for consideration, with or without an option to buy. (2) "Real property" means land and any interest or estate in land and includes a manufactured home as defined in section 42-1-102 (48.8). (3) "Rent" means any moneys or any other thing of value received as a payment or as a deposit for the privilege of living in or using real property. (4) "Security interest" means an interest in personal property which secures payment or performance of an obligation. (5) "Vehicle" means any device of conveyance capable of moving itself or of being moved from place to place upon wheels or a track or by water or air, whether or not intended for the transport of persons or property, and includes any space within such "vehicle" adapted for overnight accommodation of persons or animals or for the carrying on of business. "Vehicle" does not include a manufactured home as defined in section 42-1-102 (48.8).

C.R.S. § 18-5-802 Equity skimming of real property

18-5-802. Equity skimming of real property. (1) A person commits the crime of equity skimming of real property if the person knowingly: (a) Acquires an interest in real property that is encumbered by a loan secured by a mortgage or deed of trust and the loan is in arrears at the time the person acquires the interest or is placed in default within eighteen months after the person acquires the interest; and (b) Either: (I) Fails to apply all rent derived from the person's interest in the real property first toward the satisfaction of all outstanding payments due on the loan and second toward any fees due to any association of real property owners that charges such fees for the upkeep of the housing facility, or common area including buildings and grounds thereof, of which the real property is a part before appropriating the remainder of such rent or any part thereof for any other purpose except for the purpose of repairs necessary to prevent waste of the real property; or (II) After a foreclosure in which title has vested pursuant to section 38-38-501, C.R.S., collects rent on behalf of any person other than the owner of the real property. (2) Repealed. (3) Equity skimming of real property is a class 5 felony. (4) It shall be an affirmative defense to this section: (a) That all deficiencies in all underlying encumbrances at the time of acquisition have been fully satisfied and brought current and that, in addition, any regular payments on the underlying encumbrances during the succeeding nine months after the date of acquisition have been timely paid in full; except that this shall not be an affirmative defense to a crime that includes the element set forth in subparagraph (II) of paragraph (b) of subsection (1) of this section; (b) That any fees due to an association of real property owners for the upkeep of the housing facility, or common area including buildings and grounds thereof, of which the real property is a part have been paid in full. (5) The provisions of this section shall not apply to any bona fide lender who accepts a deed in lieu of foreclosure or who forecloses upon the real property. (6) The provisions of this section shall not apply to any bona fide purchaser who acquires fee title in any real property without agreeing to pay all underlying encumbrances and takes fee title subject to all underlying encumbrances, if the following written, verbatim warning was provided to the seller in capital letters of no less than ten-point, bold-faced type and acknowledged by the seller's signature: WARNING: PURCHASER, , WILL NOT ASSUME OR PAY ANY PRESENT MORTGAGE, DEEDS OF TRUST, OR OTHER LIENS OR ENCUMBRANCES AGAINST THE PROPERTY. THE SELLER, , UNDERSTANDS HE/SHE WILL REMAIN RESPONSIBLE FOR ALL PAYMENTS DUE ON SUCH MORTGAGES, DEEDS OF TRUST, OR OTHER LIENS OR ENCUMBRANCES AND FOR ANY DEFICIENCY JUDGMENT UPON FORECLOSURE. I HAVE HAD THE FOREGOING READ TO ME AND UNDERSTAND THE PURCHASER, , WILL NOT ASSUME ANY PRESENT MORTGAGES, DEEDS OF TRUST, OR OTHER LIENS OR ENCUMBRANCES AGAINST THE PROPERTY DESCRIBED AS . DATE SELLER .

C.R.S. § 18-5-803 Equity skimming of a vehicle

18-5-803. Equity skimming of a vehicle. (1) A person commits equity skimming of a vehicle if, knowing the vehicle is subject to a security interest, lien, or lease, he accepts possession of or exercises any control over the vehicle in exchange for consideration given which may be verbal assurance or otherwise, and: (a) Obtains or exercises control over the vehicle of another and then sells or leases the vehicle to a third party without first obtaining written authorization from the secured creditor, lessor, or lienholder for the transaction of the sale or lease to the third party, unless the entire balance of the security interest, lien, or lease is paid or satisfied within thirty days of said transaction; or (b) Arranges the sale or lease of the vehicle of another to a third party without first obtaining written authorization from the secured creditor, lessor, or lienholder for the transaction of the sale or lease to the third party and exercises control over any part of the funds received, unless the entire balance of the security interest, lien, or lease is paid or satisfied within thirty days of said transaction; or (c) Knowingly fails to ascertain on a monthly basis whether payments are due to the secured creditor, lienholder, or lessor and to apply all funds he receives for any lease or sale of the vehicle toward the satisfaction of any outstanding payment due to the secured creditor, lienholder, or lessor in a timely manner. (2) Equity skimming of a vehicle is: (a) A petty offense if the amount is less than three hundred dollars; (b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony if the amount is two thousand dollars or more but less than five thousand dollars; (e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony if the amount is one million dollars or more.

C.R.S. § 18-5-804 Civil action

18-5-804. Civil action. A condominium association, a property owners' association, or any like association of real property owners which charges fees for the upkeep of a housing facility, a housing project, or a common area thereof may proceed pursuant to rule 102 of the Colorado rules of civil procedure if such fees have not been received by the condominium association, property owners' association, or any like association for a period of ninety days or more.

C.R.S. § 18-5-901 Definitions

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 nteed 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.

C.R.S. § 18-5-902 Identity theft

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) 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) 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) (a) 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 5 felony if the person possesses three or more financial devices or the personal or financial identifying information of three or more persons. (3) Repealed.

C.R.S. § 18-5-903 Criminal possession of a financial device

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) Except as provided in subsection (2)(c) of this section, criminal possession of one or more financial devices is a class 2 misdemeanor. (b) (Deleted by amendment, L. 2023.) (c) Criminal possession of three or more financial devices, of which at least two are issued to different account holders, is a class 5 felony.

C.R.S. § 18-5-903.5 Criminal possession of an identification document

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) 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.

C.R.S. § 18-5-904 Gathering identity information by deception

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.

C.R.S. § 18-5-905 Possession of identity theft tools

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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.docxFetched: 10/6/2026