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Colorado statute

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

Current through 2025 Regular Session

Part of Part 7: FINANCIAL TRANSACTION DEVICE CRIME ACT, Colorado Revised Statutes.

Criminal charges under this statute

Full text of C.R.S. § 18-5-702

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-5-702Primary source, current through the 2025 Regular Session
(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payment, with intent to defraud, and with notice that either: (a) The financial transaction device has expired, has been revoked, or has been canceled; or (b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder.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 (b) Repealed.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.

Official sources

Legal terms used in this section

Questions this section answers

Is unauthorized use of a financial transaction device a felony or a misdemeanor in Colorado?

It depends on the circumstances: unauthorized use of a financial transaction device ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-5-702.

Value less than $300: petty offense (C.R.S. § 18-5-702(3)(c)) · Value $300–$1,000: class 2 misdemeanor (C.R.S. § 18-5-702(3)(d)) · Value $1,000–$2,000: class 1 misdemeanor (C.R.S. § 18-5-702(3)(e)) · Value $2,000–$5,000: class 6 felony (C.R.S. § 18-5-702(3)(f)) · Value $5,000–$20,000: class 5 felony (C.R.S. § 18-5-702(3)(g)) · Value $20,000–$100,000: class 4 felony (C.R.S. § 18-5-702(3)(h)) · Value $100,000–$1,000,000: class 3 felony (C.R.S. § 18-5-702(3)(i)) · Value $1,000,000 or more: class 2 felony (C.R.S. § 18-5-702(3)(j))

Which Colorado statute covers unauthorized use of a financial transaction device?

Unauthorized use of a financial transaction device is governed by C.R.S. § 18-5-702 (Unauthorized use of a financial transaction device).

This reference is informational and is not legal advice.