Previous  Next

18-5-902. Identity theft

Text

(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;

(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; or

(f) (Deleted by amendment, L. 2009, (SB 09-093), ch. 326, p. 1737, 1, effective July 1, 2009.)

(2) Identity theft is a class 4 felony.

(3) The court shall be required to sentence the defendant to the department of corrections for a term of at least the minimum of the presumptive range and may sentence the defendant to a maximum of twice the presumptive range if:

(a) The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and

(b) The defendant has a prior conviction for a violation of this part 9 or a prior conviction for an offense committed in any other state, the United States, or any other territory subject to the jurisdiction of the United States that would constitute a violation of this part 9 if committed in this state, or for attempt, conspiracy, or solicitation to commit a violation of this part 9 or for attempt, conspiracy, or solicitation to commit an offense in another jurisdiction that would constitute a violation of this part 9 if committed in this state.

History

History.
Source: 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.

Annotations

ANNOTATION

To convict a defendant of identity theft under subsection (1)(a), the prosecution must prove that the defendant knew that the personal identifying information, financial identifying information, or financial device he or she used was, in fact, the information or device of another person. People v. Perez, 2013 COA 65, P.3d , affd, 2016 CO 12, 367 P.3d 695; People v. Molina, 2017 CO 7, 388 P.3d 894.

The crime of identity theft under subsection (1)(a) is not a continuing course of conduct, and each discrete use of anothers identity is a separate chargeable offense. People v. Allman, 2017 COA 108, 454 P.3d 289, affd, 2019 CO 78, 451 P.3d 826.

Section 18-1-901 (3)(r)s definition of thing of value applies to subsection (1)(a) of this section. People v. Molina, 2017 CO 7, 388 P.3d 894 (overruling People v. Beck, 187 P.3d 1125 (Colo. App. 2008), to the extent that the court held that 18-1-901s definitions do not apply to subsection (1) of this section).

Definition of thing of value in identity theft statute is narrower than definition contained in 18-1-901 (3)(r). The term does not include nonpecuniary benefits of misleading and influencing actions of police officer by obtaining use of another persons driving record. People v. Beck, 187 P.3d 1125 (Colo. App. 2008), overruled in People v. Molina, 2017 CO 7, 388 P.3d 894, to the extent that the court held that 18-1-901s definitions do not apply to subsection (1) of this section.

Employment is a thing of value for purposes of this section where defendant used a victims social security number to obtain employment. People v. Campos, 2015 COA 47, 351 P.3d 553; People v. Molina, 2017 CO 7, 388 P.3d 894.

An apartment lease is a thing of value for purposes of this section and 18-1-901 (3)(r). An apartment lease is both a contract right and a right of use of real property. People v. Molina, 2017 CO 7, 388 P.3d 894.

When defendant used the last name and social security number of another person to obtain a lease, she committed identity theft. People v. Molina, 2017 CO 7, 388 P.3d 894.

Defendant providing false name at traffic stop could not be charged with using false information to obtain a thing of value under identity theft statute. People v. Beck, 187 P.3d 1125 (Colo. App. 2008).

Defendants equal protection rights not violated by defendants identity theft conviction. The unauthorized use of a financial transaction device statute and the identity theft statute do not prohibit identical conduct while imposing different penalties. Unlike the unauthorized use of a financial transaction device statute, the conviction for identity theft required the jury to find that the credit card belonged to the victim and not the defendant. People v. Jauch, 2013 COA 127, 411 P.3d 53; People v. Trujillo, 2015 COA 22, 369 P.3d 693.