Is it illegal to impersonate someone in Colorado?

1. signing a recordable legal document and with intent to pass it off as true;
2. posting bail for someone;
3. marrying (or pretending to marry) another person who is ignorant of the false impersonation;
4. doing anything may subject the person being impersonated to a legal or financial penalty; or
5. doing anything with the intention to illegally gain a benefit for him/herself or to defraud or harm another person

Therefore, impersonating someone becomes a crime if the purpose of the impersonation is meant to benefit the impersonator or harm someone else. Examples include:

• Making a purchase in another person’s name and without the other person’s permission.
• Breaking the law in the guise of another person in order to get the other person into trouble.
• Co-signing a loan application as another person in order to get accepted.

But dressing up as someone else for a Halloween costume is almost always legal as long as no other crimes are being committed.

Note that a person commits the related Colorado crime of impersonating a peace officer (C.R.S. 18-5-112) by both:

• falsely pretending to be an officer of the law, and
• performing an act while pretending that role

For example, donning a police uniform and conducting Terry stops (“stop and frisks”) would be criminal impersonation. But simply showing up to a costume party in a police costume would be legal.

Defenses

The most effective way to fight criminal impersonation allegations turns on the unique circumstances of each case. Three common defenses include the following:

1. No impersonation occurred;
2. Even if the defendant did impersonate someone, no underlying crime (listed above) occurred; or
3. Even if the defendant did impersonate someone, he/she had no intent to defraud.

In some cases, it may be a defense that the defendant had the other person’s consent to impersonate him/her. But this may not be a sufficient defense if the impersonation still caused others harm or unjustly enriched the defendant.

In every criminal case, the D.A. has the burden to prove the defendant’s guilt beyond a reasonable doubt. Typical evidence in these types of cases may include:

• eyewitness testimony
• documents signed by the alleged impersonator
• video or audio recordings
• written communications (such as text messages or emails)

Penalties

Criminal impersonation for the purpose of confessing a judgment or subjecting another to a liability is a class 6 felony in Colorado. The punishment includes:

• 1 year to 18 months in Colorado Prison;
• a fine of $1,000 to $100,000; and
• mandatory 1 year of parole

Criminal impersonation for the purpose of getting married or becoming a bail or surety is a class 5 felony in Colorado. The punishment includes:

• 1 to 3 years in prison;
• a fine of $1,000 to $100,000; and
• mandatory 1 year of parole.

It is a class 1 misdemeanor to knowingly assume a false or fictitious identity and do something that might subject other to a liability. Class 1 misdemeanors carry:

• Up to 364 days in jail, and/or
• Up to $1,000 in fines

And it is a class 2 misdemeanor to knowingly assume a false or fictitious identity to perform any other act with the intent to gain a benefit unlawfully or to injure or defraud another. Class 2 misdemeanors are punishable by:

• Up to 120 days in jail, and/or
• Up to $750 in fines.²

Meanwhile, impersonating a peace officer is a class 6 felony in Colorado. The punishment includes:

• 1 year to 18 months in prison;
• a fine of $1,000 to $100,000; and
• mandatory 1 year of parole

Finally, impersonating a public servant other than a peace officer is only a class 2 misdemeanor carrying up to 120 days in jail and/or up to $750 in fines. (Prior to March 1, 2022, this crime was a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750. SB21-271.)