2021 Colorado Code
Title 18 - Criminal Code
Article 5 - Offenses Involving Fraud
Part 1 - Forgery, Simulation, Impersonation, and Related Offenses
§ 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 .
History. Source: L. 71: R&RE, p. 435, § 1. C.R.S. 1963: § 40-5-105 . L. 89: Entire section amended, p. 834, § 52, effective July 1. L. 93: Entire section amended, p. 1989, § 19, effective July 1.
ANNOTATION
Section requires guilty knowledge and intent to defraud. This crime requires not only possession of the forged or counterfeit instruments with knowledge that they were counterfeit, but also the intent to utter and pass the same with intent to defraud. People v. Colosacco, 177 Colo. 219 , 493 P.2d 650 (1972) (decided under former § 40-6-4 , C.R.S. 1963).
Mere possession of a forged instrument is insufficient to support a conviction under this section. Merely handing a forged resident alien card to a police officer upon demand was insufficient to establish an intent to defraud. People v. Miralda, 981 P.2d 676 (Colo. App. 1999).
