Part 1. Forgery, Simulation, Impersonation, and Related Offenses

As used in sections 18-5-101 to 18-5-110, unless the context otherwise requires:
(1) “Complete written instrument” means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.
(1.5) “Document-making implement” means any implement or impression, including, but not limited to, a template or a computerized template or form, specially designed or primarily used for making identification documents, false identification documents, or another document-making implement.
(2) To “falsely alter” a written instrument means to change a written instrument without the authority of anyone entitled to grant such authority, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means, so that such instrument in its thus altered form falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker.
(3) To “falsely complete” a written instrument means:
(a) To transform an incomplete written instrument into a complete one by adding, inserting, or changing matter without the authority of anyone entitled to grant that authority, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker; or
(b) To transform an incomplete written instrument into a complete one by adding or inserting materially false information or adding or inserting a materially false statement. A materially false statement is a false assertion that affects the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that directly or indirectly benefits the person making the assertion.
(4) To “falsely make” a written instrument means to make or draw a written instrument, whether complete or incomplete, which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, he did not authorize the making or the drawing thereof.
(5) “Forged instrument” means a written instrument which has been falsely made, completed, or altered.
(6) “Government” means the United States, any state, county, municipality, or other political unit, any department, agency, or subdivision of any of the foregoing, or any corporation or other entity established by law to carry out governmental functions.
(6.5) “Identification document” means a document made or issued by or under the authority of the United States government, a state, political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental, or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
(7) “Incomplete written instrument” means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.
(7.5) “Produce” includes alter, authenticate, or assemble.
(8) “Utter” means to transfer, pass, or deliver, or attempt or cause to be transferred, passed, or delivered, to another person any written instrument, article, or thing.
(9) “Written instrument” means any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying, or recording information, and any money, credit card, token, stamp, seal, badge, or trademark or any evidence or symbol of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person.

(1) A person commits forgery, if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(a) Part of an issue of money, stamps, securities, or other valuable instruments issued by a government or government agency; or
(b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property; or
(c) A deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or
(d) A public record or an instrument filed or required by law to be filed or legally fileable in or with a public office or public servant; or
(e) A written instrument officially issued or created by a public office, public servant, or government agency; or
(f) Part of an issue of tokens, transfers, certificates, or other articles manufactured and designed for use in transportation fees upon public conveyances, or as symbols of value usable in place of money for the purchase of property or services available to the public for compensation; or
(g) Part of an issue of lottery tickets or shares designed for use in the lottery held pursuant to article 40 of title 44; or
(h) A document-making implement that may be used or is used in the production of a false identification document or in the production of another document-making implement to produce false identification documents.
(2) Forgery is a class 5 felony.
(3) Uttering a forged document to a peace officer shall create a presumption that the person intended to defraud such peace officer.

Source: L. 71: R&RE, p. 434, § 1. C.R.S. 1963: § 40-5-103. L. 82: (1)(d) amended and (1)(e) added, p. 385, § 3, effective April 30. L. 89: (2) amended, p. 834, § 51, effective July 1. L. 93: Entire section repealed, p. 1988, § 17, effective July 1.

(1) A person commits second degree forgery if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument of a kind not described in section 18-5-102 or 18-5-104.5.
(2) Second degree forgery is a class 1 misdemeanor.

(1) A person commits use of a forged academic record if, with intent to seek employment or with intent to seek admission to a public or private institution of higher education in this state or for the purpose of securing a scholarship or other form of financial assistance from the institution itself or from other public or private sources of financial assistance, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or is calculated to become or to represent if completed, a bona fide academic record of an institution of secondary or higher education.
(2) For purposes of this section:
(a) “Academic record” means a transcript, diploma, grade report, or similar document of an institution of secondary or higher education.
(b) “Financial assistance” means financial assistance for educational purposes, including, but not limited to, loans, scholarships, grants, fellowships, assistantships, work-study programs, or other forms of financial aid.
(3) Use of a forged academic record is a class 1 misdemeanor.

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.

Source: L. 71: R&RE, p. 435, § 1. C.R.S. 1963: § 40-5-106. L. 93: Entire section repealed, p. 1989, § 20, effective July 1.

A person commits a class 2 misdemeanor, when, with knowledge that it is forged, and with intent to defraud, such person possesses any forged instrument of a kind covered by section 18-5-104.

A person may not be convicted of both forgery and criminal possession of a forged instrument with respect to the same written instrument.

(1) A person commits criminal possession of forgery devices when:
(a) Such person makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting, unlawfully simulating, or otherwise forging written instruments or counterfeit marks; or
(b) Such person makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use specified in paragraph (a) of this subsection (1), with intent to use it, or to aid or permit another to use it, for purposes of forgery or the production of counterfeit marks; or
(c) Such person illegally possesses a genuine plate, die, or other device used in the production of written instruments or counterfeit marks, with intent to fraudulently use the same; or
(d) Such person unlawfully makes, produces, possesses, or utters a document-making implement knowing that such document-making implement may be used or is used in the production of a false identification document or counterfeit mark or another implement for the production of false identification documents or counterfeit marks.
(2) Criminal possession of forgery devices is a class 6 felony.
(3) As used in this section, “counterfeit mark” has the meaning set forth in section 18-5-110.5 (3)(a).

(1) A person commits a criminal simulation, when:
(a) With intent to defraud, he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have; or
(b) With knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified in paragraph (a) of this subsection (1).
(2) Criminal simulation is a class 1 misdemeanor.

(1) A person commits trademark counterfeiting if such person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute marks, goods, or services that the person knows are, bear, or are identified by one or more counterfeit marks and has possession, custody, or control of more than twenty-five items bearing a counterfeit mark.
(2)
(a) Trademark counterfeiting is:
(I) A class 2 misdemeanor if a person has not previously been convicted under this section and the violation involves fewer than one hundred items that are, bear, or are identified by a counterfeit mark or the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is less than one thousand dollars;
(II) A class 1 misdemeanor if:
(A) A person has one or more previous convictions under this section; or
(B) The violation involves one hundred or more items that are, bear, or are identified by a counterfeit mark or the total retail value of all goods or services that are, bear, or are identified by a counterfeit mark is one thousand dollars or more.
(b) In addition to the penalties specified in paragraph (a) of this subsection (2), any person convicted under this section shall be liable for a fine in an amount equal to three times the total retail value of all goods or services that bear or are identified by a counterfeit mark unless extenuating circumstances are shown by such person.
(c) The remedies provided in this section are in addition to, and not in lieu of, any other civil or criminal penalties or remedies provided by law.
(3) For purposes of this section:
(a) “Counterfeit mark” means a mark identical to or substantially indistinguishable from a trademark that, without the permission of the owner of the trademark, is:
(I) Affixed or designed to be affixed to, or displayed or otherwise associated with, goods; or
(II) Displayed in advertising for, or otherwise associated with, services.
(b)
(I) “Retail value” means the counterfeiter’s regular selling price for the goods or services that bear or are identified by a counterfeit mark.
(II) In the case of items bearing a counterfeit mark that are components of a finished product, “retail value” means the counterfeiter’s regular selling price for the finished product.
(III) For purposes of subsection (2) of this section, the quantity or retail value of goods or services shall include the aggregate quantity or retail value of all marks, goods, and services that are, bear, or are identified by counterfeit marks.
(c) “Trademark” means any trademark registered under the laws of this state or of the United States.
(4) In a trial under this section, any state or federal certificate of registration of a trademark shall be prima facie evidence of the facts stated therein.

(1) A person commits unlawfully using slugs, if:
(a) With intent to defraud the vendor of property or a service sold by means of a coin machine, he knowingly inserts, deposits, or uses a slug in such machine or causes the machine to be operated by any other unauthorized means; or
(b) He makes, possesses, or disposes of a slug or slugs with intent to enable a person to use it or them fraudulently in a coin machine.
(2) “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or token made for the purpose and, in return for the insertion or deposit thereof, to offer, to provide, to assist in providing, or to permit the acquisition of some property or some public or private service.
(3) “Slug” means any object or article which, by virtue of its size, shape, or any other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper but effective substitute for a genuine coin, bill, or token, and of thereby enabling a person to obtain without valid consideration the property or service sold through the machine.
(4) Unlawfully using slugs is a class 3 misdemeanor.

(1) A person commits obtaining signature by deception if, by deception and with intent to defraud or to acquire a benefit for himself or another, he causes another to sign or execute a written instrument.
(2) As used in this section, “by deception” means by knowingly:
(a) Creating or confirming another’s impression which is false and which the deceiver does not believe to be true; or
(b) Failing to correct a false impression held by another which the deceiver previously has created or confirmed; or
(c) Preventing another from acquiring information pertinent to any matter material to a proper understanding of any transaction in which the signature of such person is procured.
(3) Obtaining signatures by deception is a class 2 misdemeanor.

(1) A person commits criminal impersonation if he or she knowingly:
(a) Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she:
(I) Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter;
(II) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or
(III) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or
(b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she:
(I) Performs an act that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or
(II) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.
(2) Criminal impersonation is a class 6 felony.
(3) For the purposes of subsection (1) of this section, using false or fictitious personal identifying information, as defined in section 18-5-901 (13), shall constitute the assumption of a false or fictitious identity or capacity.

(1) A person commits offering a false instrument for recording in the first degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, and with intent to defraud, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee.
(2) Offering a false instrument for recording in the first degree is a class 5 felony.
(3) A person commits offering a false instrument for recording in the second degree if, knowing that a written instrument relating to or affecting real or personal property or directly affecting contractual relationships contains a material false statement or material false information, he presents or offers it to a public office or a public employee, with the knowledge or belief that it will be registered, filed, or recorded or become a part of the records of that public office or public employee.
(4) Offering a false instrument for recording in the second degree is a class 1 misdemeanor.

Source: L. 75: Entire section added, p. 636, § 1, effective July 14. L. 77: (1)(b) and (1)(c) amended, p. 964, § 31, effective July 1. L. 84: (1)(a) amended and (1)(d) added, p. 546, § 1, effective April 12. L. 87: (1)(e) to (1)(g) added, p. 611, § 24, effective July 1. L. 88: Entire section repealed, p. 359, § 3, effective July 1.

(1) It is unlawful for any person, surreptitiously or by means of fraud, misrepresentation, suppression of truth, deception, or subterfuge, to cause any other person to unknowingly consume or receive the direct administration of any controlled substance, as defined in section 18-18-102 (5); except that nothing in this section shall diminish the scope of health care authorized by law.
(2) Any person who violates the provisions of this section commits a class 4 felony.

Source: L. 2004: Entire section added, p. 1960, § 5, effective August 4. L. 2005: (3) amended, p. 766, § 28, effective June 1. L. 2006: Entire section repealed, p. 1318, § 3, effective July 1.

Source: L. 2004: Entire section added, p. 1336, § 10, effective July 1, 2005. L. 2009: Entire section repealed, (HB 09-1266), ch. 347, p. 1815, § 3, effective August 5.

Source: L. 2005: Entire section added, p. 847, § 6, effective July 1. L. 2006: Entire section repealed, p. 1318, § 4, effective July 1.

Source: L. 2005: Entire section added, p. 796, § 1, effective July 1. L. 2006: Entire section repealed, p. 1318, § 5, effective July 1.