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 9 - IDENTITY THEFT AND RELATED OFFENSES (§§ 18-5-901 — 18-5-905)
Section 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. 1737, 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• (3) Repealed.

Amended by 2023 Ch. 298,§ 22, eff. 10/1/2023.

Amended by 2021 Ch. 462, § 253, eff. 3/1/2022.

L. 2006: Entire part added, p. 1322, § 8, effective July 1. L. 2009:(1)(a), (1)(f), and (3) amended,(SB 09-093), ch. 326, p. 1737, § 1, effective July 1. L. 2021:(1)(d), (1)(e), and (2) amended,(SB 21-271), ch. 462, p. 3190, § 253, effective 3/1/2022. L. 2023:(2)(b) amended and (3) repealed,(HB 23-1293), ch. 298, p. 1787, § 22, effective October 1.

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.