Colorado statute

C.R.S. § 18-5-902 — Identity theft.

Current through 2025 Regular Session

Part of Part 9: IDENTITY THEFT AND RELATED OFFENSES, Colorado Revised Statutes.

Criminal charges under this statute

Identity theft

Full text of C.R.S. § 18-5-902

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. § 18-5-902Primary source, current through the 2025 Regular Session

(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 (3) Repealed.

Official sources

Legal terms used in this section

Questions this section answers

Is identity theft a felony or a misdemeanor in Colorado?

It depends on the circumstances: identity theft ranges from a class 2 misdemeanor to a class 4 felony in Colorado under C.R.S. § 18-5-902.

Identity theft — use of personal/financial identifying information or financial device to obtain value (1)(a), or falsifying written instrument/financial device (1)(c): class 4 felony (C.R.S. § 18-5-902(2)(a)) · Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), base offense: class 2 misdemeanor (C.R.S. § 18-5-902(2)(b)) · Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), aggravated by multiple victims/devices: class 5 felony (C.R.S. § 18-5-902(2)(b))

Which Colorado statute covers identity theft?

Identity theft is governed by C.R.S. § 18-5-902 (Identity theft).

This reference is informational and is not legal advice.