Colorado criminal charge
Identity theft in Colorado
Identity theft is a criminal offense under Colorado law, defined by C.R.S. § 18-5-902. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-5-902.
What is the penalty for identity theft in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Identity theft — use of personal/financial identifying information or financial device to obtain value (1)(a), or falsifying written instrument/financial device (1)(c) — Applies when the offense is committed in violation of subsection (1)(a) (knowing unauthorized use of another's identifying information or financial device to obtain value or make payment) or subsection (1)(c) (fraudulent making/altering/uttering of a written instrument or financial device containing another's identifying information).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Identity theft — use of personal/financial identifying information or financial device to obtain value (1)(a), or falsifying written instrument/financial device (1)(c) — Applies when the offense is committed in violation of subsection (1)(a) (knowing unauthorized use of another's identifying information or financial device to obtain value or make payment) or subsection (1)(c) (fraudulent making/altering/uttering of a written instrument or financial device containing another's identifying information).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Identity theft — use of personal/financial identifying information or financial device to obtain value (1)(a), or falsifying written instrument/financial device (1)(c) — Applies when the offense is committed in violation of subsection (1)(a) (knowing unauthorized use of another's identifying information or financial device to obtain value or make payment) or subsection (1)(c) (fraudulent making/altering/uttering of a written instrument or financial device containing another's identifying information).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), base offense — Applies when the offense is committed in violation of subsection (1)(b) (possession with intent to use another's info/device to obtain value), (1)(d) (possession to apply for credit/financial device), or (1)(e) (use/possession to obtain a government-issued document), and does not involve three or more financial devices or persons' information.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), base offense — Applies when the offense is committed in violation of subsection (1)(b) (possession with intent to use another's info/device to obtain value), (1)(d) (possession to apply for credit/financial device), or (1)(e) (use/possession to obtain a government-issued document), and does not involve three or more financial devices or persons' information.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), aggravated by multiple victims/devices — Applies when the offense is committed in violation of subsection (1)(b), (1)(d), or (1)(e) and the person possesses three or more financial devices or the personal or financial identifying information of three or more persons.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), aggravated by multiple victims/devices — Applies when the offense is committed in violation of subsection (1)(b), (1)(d), or (1)(e) and the person possesses three or more financial devices or the personal or financial identifying information of three or more persons.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), aggravated by multiple victims/devices — Applies when the offense is committed in violation of subsection (1)(b), (1)(d), or (1)(e) and the person possesses three or more financial devices or the personal or financial identifying information of three or more persons.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is identity theft classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| 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 | Applies when the offense is committed in violation of subsection (1)(a) (knowing unauthorized use of another's identifying information or financial device to obtain value or make payment) or subsection (1)(c) (fraudulent making/altering/uttering of a written instrument or financial device containing another's identifying information). | 18-5-902(2)(a) |
| Identity theft — possession offenses under (1)(b), (1)(d), or (1)(e), base offense | class 2 misdemeanor | Applies when the offense is committed in violation of subsection (1)(b) (possession with intent to use another's info/device to obtain value), (1)(d) (possession to apply for credit/financial device), or (1)(e) (use/possession to obtain a government-issued document), and does not involve three or more financial devices or persons' information. | 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 | Applies when the offense is committed in violation of subsection (1)(b), (1)(d), or (1)(e) and the person possesses three or more financial devices or the personal or financial identifying information of three or more persons. | 18-5-902(2)(b) |
Common questions about identity theft in Colorado
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))
What are the penalties for identity theft in Colorado?
Penalties for identity theft in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 4 felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers identity theft?
Identity theft is governed by C.R.S. § 18-5-902 (Identity theft).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.