The Colorado Springs District Attorney takes identity theft (and the related criminal impersonation) seriously, as they should.
After all, identity theft is classified as a class 4 felony in Colorado. According to the statute, identity theft is knowingly using the financial identifying information, personal identifying information, or a financial device of another individual without lawful authority or their permission to make a financial payment or obtain property, cash, services, credit, or any other thing of value.
Identity Theft As A Crime
- Knowingly using the financial identifying information, personal identifying information, or a financial device of another individual without lawful authority or their permission to make a financial payment or obtain property, cash, services, credit, or any other thing of value.
- Stealing and purchasing items with a credit card or applying for a credit card under another person’s financial identity.
- Assisting another person to engage in the above activities without lawful authority or permission is also considered identity theft. For instance, when you steal a person’s credit card information, and you pass it on to some who intends to use the information is identity theft.
- Falsely make, alter, or complete a financial device containing another person’s financial information or identifying information. For instance, manually or electronically copying a person’s credit card information while they make an intentional payment so as to use the information later on to make an illegal purchase.
The state of Colorado defines criminal impersonation as any individual who assumes a fictitious or false capacity or identity and in such capacity or identity does an act with the intent that unlawfully gains himself or herself or another party a benefit or to defraud or injure another commits an impersonation crime, which is a class 6 felony.
The District Attorney must prove that the accused knowingly impersonated someone for it to be considered a crime.
CRS 18-5-113 – Criminal Impersonation
An individual commits criminal impersonation in the following instances: When he or she;
- Assumes a fictitious or false identity of legal capacity, and using the identity or in the capacity of the identity;
- Pretends to marry, marries, or sustains a marriage relationship without the connivance of the other party;
- Becomes surety or bail for a third party in a proceeding or action, criminal or civil, before officers authorized to take surety or bail or a court, or
- Confesses a judgment, or verifies, subscribes, acknowledges, proves, or publishes a written instrument which by can be recorded, with intent to deliver the same as true; or
- Assumes a fictitious or false capacity or identity, legal or other, and in the capacity or identity they;
- Performs an act, which when done by the individual falsely impersonated, can subject the falsely impersonated individual to special proceeding or action, criminal or civil, or charge, liability, penalty, or forfeiture; or
- Performs any other kind of activity intended to gain a benefit for themselves or another individual unlawfully or to defraud or to injure another.
Criminal impersonation is a class 6 felony.
Identity Theft Defense
If you have been accused of identity theft or criminal impersonation, the consequences of a conviction can be devastating.
Lengthy jail terms, big fines and possible years-long probation are all reasons you need an experienced criminal defense attorney to protect your rights. Call Jeremy Loew today to discuss your case – (719) 387-4111.
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