Identity theft

Identity theft is a broad crime. Colorado law defines several ways to commit Identity theft.

A person commits identity theft if he or she:

• 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;
• 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; or
• 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; or
• 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 extensions of credit; or
• Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document.

Penalties for Identity Theft

Identity theft is a class four felony. A class four felony carries a possible sentence from two to six years in prison followed by three years of mandatory parole. A sentence to prison is not mandatory for a first offense.

However, The court has to sentence a defendant to prison for a term of at least four years to twelve years if:

• The defendant is convicted of identity theft or of an attempt, conspiracy, or solicitation to commit identity theft; and The defendant has a prior conviction for identity theft or of an attempt, conspiracy, or solicitation to commit identity theft in Colorado or any other state or territory of the United States.