§ 18-5-902. Identity Theft

1. A person commits identity theft if he or she:
   1. 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;
   2. 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;
   3. 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;
   4. [ Editor’s note: This version of subsection (1)(d) is effective until March 1, 2022.] 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;

      (d) [ Editor’s note: This version of subsection (1)(d) is effective March 1, 2022. ] 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; or

   5. [ Editor’s note: This version of subsection (1)(e) is effective until March 1, 2022.] 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

      (e) [ Editor’s note: This version of subsection (1)(e) is effective March 1, 2022. ] Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document.

   6. (Deleted by amendment, L. 2009, (SB 09-093), ch. 326, p. 1737, § 1, effective July 1, 2009.)
2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Identity theft is a class 4 felony.

   (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] (a) Identity theft in violation of subsection (1)(a) or (1)(c) of this section is a class 4 felony.

   (b) Identity theft in violation of subsection (1)(b), (1)(d), or (1)(e) of this section is a class 2 misdemeanor; except that it is a class 6 felony if the person possesses three or more financial devices or the personal or financial identifying information of three or more persons.

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:
   1. The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and
   2. 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.

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. L. 2021: (1)(d), (1)(e), and (2) amended, (SB 21-271), ch. 462, p. 3190, § 253, effective March 1, 2022.

Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.