Colorado misdemeanor ForgeryPrint This Page
Forgery in the first degree involves falsely and fraudulently creating, altering or passing official documents such as currency, stocks, wills, deeds or contracts. Forgery in the second degree involves fraudulent acts related to papers that are not specified in the forgery in the first degree statute.There are also other offenses relating to forgery such as criminal possession of a forged instrument, criminal possession of forgery devices, criminal simulation, and obtaining signature by deception.
Forgery in the first degree is a Class 5 misdemeanor, and forgery in the second degree is a Class 1 misdemeanor.
Alexander Garlin and Don Andrews have experience in providing criminal defense of forgery and other fraud related criminal charges. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.
The criminal defense attorneys at Garlin Driscoll, LLC, welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.
Colorado State misdemeanor Forgery Statutes
(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 part 2 of article 35 of title 24, C.R.S.; 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.
Forgery in the Second Degree (18-5-104)
- 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.
- Second degree forgery is a class 1 misdemeanor.
Criminal Possession of a Second Degree Forged Instrument (18-5-107)
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.
Criminal Possession of Forgery Devices (18-5-109)
- 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.
- Criminal possession of forgery devices is a class 6 felony.
- As used in this section, "counterfeit mark" has the meaning set forth in section 18-5-110.5 (3) (a).
Criminal Simulation (18-5-110)
- 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).
- Criminal simulation is a class 1 misdemeanor.
Obtaining Signature by Deception (18-5-112)
- 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.
- 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.
- Obtaining signatures by deception is a class 2 misdemeanor.