2024 Colorado Revised Statutes
Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102)
Article 5 - Offenses Involving Fraud (§§ 18-5-101 — 18-5-905)
Part 2 - FRAUD IN OBTAINING PROPERTY OR SERVICES (§§ 18-5-201 — 18-5-211)
Section 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.

Amended by 2021 Ch. 462, § 238, eff. 3/1/2022.

L. 71: R&RE, p. 441, § 1. C.R.S. 1963: § 40-5-209. L. 84: (3) to (5) added, p. 548, § 1, effective July 1. L. 89: (5) amended, p. 835, § 57, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 3185, p. 3185, § 238, effective 3/1/2022.

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).