Colorado prosecutors can bring forgery charges at any time. There is no statute of limitations. 16-5-401 C.R.S. states:
[A]ny forgery regardless of the penalty provided: No limit
However, it is arguable that this law applies only to felonies. After this section, the statute states:
- Other felonies: Three years;
- Misdemeanors: Eighteen months
That “other” appears before “felonies” and not “misdemeanors” is striking. This suggests the prior section applies only to felony forgery crimes. (No case law interprets this language.)
Therefore, we argue that prosecutors cannot press misdemeanor forgery charges once 18 months have passed.
1. What is forgery?
Forgery occurs when someone makes or alters a written instrument “with intent to defraud.” Merely possessing a forged instrument may be forgery if the defendant has fraudulent intent. Common examples of forged documents include:
- A doctored will;
- An unemployment insurance application with a fake SSN;
- A false letter of recommendation;
- A doctored tax return; or
- Made-up school transcripts.
2. What are the penalties?
It depends on the specific forgery crime:
| Forgery offenses | Colorado penalties |
| Forgery (18-5-102 C.R.S.) | Class 5 felony:
|
| Second-degree forgery (18-5-104 C.R.S.) | Class 2 misdemeanor
|
| Use of forged academic record (18-5-104.5 C.R.S.) | Class 2 misdemeanor
|
| Criminal possession of a forged instrument (18-5-105 C.R.S.) | Class 6 felony:
|
| Criminal possession of second degree forged instrument (18-5-107 C.R.S.) | Petty offense:
|
| Criminal possession of forgery devices (18-5-109 C.R.S.) | Class 6 felony:
|
| Criminal simulation (18-5-110 C.R.S.) | Class 2 misdemeanor
|
| Trademark counterfeiting (18-5-110.5 C.R.S.) | Petty offense (less than $300):
|
Misdemeanor ($300 to less than $2,000):
| |
Felony ($2,000 and higher):
| |
| Obtaining signature by deception (18-5-112 C.R.S.) | Class 2 misdemeanor:
|
| Criminal impersonation (18-5-113 C.R.S.) | This can be a class 1 misdemeanor, a class 2 misdemeanor, or a class 6 felony. |
| Offering a false instrument for recording (18-5-114 C.R.S.) | Class 5 felony (in the first degree):
|
Class 2 misdemeanor (in the second degree):
| |
| Controlled substances – inducing consumption by fraudulent means (18-5-116 C.R.S.) | Class 4 felony:
|
3. What are the defenses?
Possible defenses to forgery charges include:
- The defendant had no intent to defraud;
- The document was authentic; and/or
- The police conducted an illegal search.
In any case, the D.A. has the burden to prove guilt beyond a reasonable doubt. This is a very high bar. If the D.A. has insufficient evidence, the charges should be dropped.
Note that prior to March 1, 2022, forgery crimes carried different penalties. SB21-271.
