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CRS 18-5-113

Colorado Criminal Impersonation

Colorado Statute C.R.S. 18-5-113, or criminal impersonation, is defined as impersonating someone for improper purposes, such as profit, attempting to get out of criminal charges, or injury to the target of the impersonation. It is a Class 6 felony offense punishable by up to 18 months imprisonment and/or a fine of up to $100,000.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

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Penalties for Criminal Impersonation in Colorado

Charge Classification Penalty
Criminal Impersonation Class 6 felony
  • One year to 18 months imprisonment (plus 1 year of mandatory parole)
  • $1,000 to $100,000 in fines
Criminal Impersonation Class 1 misdemeanor
  • Up to 364 days jail time, and/or
  • Up to $1,000 in fines
Criminal Impersonation Class 2 misdemeanor
  • Up to 120 days jail time, and/or
  • Up to $750 in fines
(Colo. Rev. Stat. C.R.S. 18-5-113)

Possible Defenses for Criminal Impersonation in Colorado

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The prosecution has to prove the charges against you beyond a reasonable doubt to get a conviction. A Colorado criminal defense attorney can build a unique defense on your behalf to get your charges dismissed or reduced.

Here are two defenses an attorney may raise.

There Was No Impersonation

Simply put, an imitation must take place to be found guilty of criminal impersonation. There must be a deliberate intention to give a fictitious impersonation of someone other than yourself, in other words the DA must prove you lied about your identity Depending on the facts of your case, this could be difficult to fight without a Colorado criminal defense attorney.

The False Representation Was Not illegal

Perhaps what you did was harmless. If the impersonation took place but there was no fraud intended, no crime was committed. The accused must have done so intending to benefit themselves in some way.

Colorado Revised Statutes, CRS 18-5-113:

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(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, subjects such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty;

(II) Performs an act that, if done by the person falsely impersonated, might subject the person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or

(III) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.

(2) (a) Criminal impersonation in violation of subsection (1)(a) or (1)(b)(I) of this section is a class 6 felony.

(b) Criminal impersonation in violation of subsection (1)(b)(II) of this section is a class 1 misdemeanor.

(c) Criminal impersonation in violation of subsection (1)(b)(III) of this section is a class 2 misdemeanor.

(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.

Have You Been Charged With or Arrested for Criminal Impersonation in Colorado Springs?

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This is a serious offense for which you might serve time in prison. The prosecution must convince the jury that you assumed a fraudulent or fictitious identity for you to be found guilty. This can be a difficult charge to defend. However, a jury cannot convict you of this crime unless they are absolutely certain that you are guilty. There are several methods to dispute this charge. To effectively defend yourself against a charge like this, you still need to understand how the law operates as well as what the El Paso County District Attorney will need to present. Contact a Colorado criminal defense attorney at Right Law Group for advice on how to proceed.

FAQ: Colorado Criminal Impersonation

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What constitutes criminal impersonation in Colorado?

Here are a few acts that can, with the requisite intention, amount to criminal impersonation:

  • Possessing a fictitious or stolen identity
  • Possessing a defective or stolen S.S. # (Social Security number) (SSN)
  • Possessing a driver’s license that is fake or stolen
  • Possessing a false or stolen visas or passports
  • Possessing a counterfeit or false birth certificate

Is it illegal to impersonate a peace officer in Colorado?

When someone falsely represents himself as a police officer and acts in that capacity, they are guilty of a criminal impersonation. This carries a maximum sentence of 18 months in jail or prison since it is classified as a Class 6 felony.

What are the collateral consequences of being charged with criminal impersonation in Colorado?

You can imagine that impersonation will impact circumstances where credibility matters. Such circumstances include clearing a background check, applying for specific licenses, or securing a loan.

Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
  • Greenwood Village
  • Cherry Hills Village
  • Foxfield
  • Sheridan
  • Columbine Valley
  • Byers
  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

Teller County

Fremont County

  • Coaldale
  • Cotopaxi
  • Hillside
  • Howard
  • Texas Creek
  • Wellsville