Forgery – Colorado Law & Penalties – CRS § 18-5-102

Under CRS § 18-5-102, Colorado law defines the crime of forgery as making, completing, altering or uttering (offering up) falsified documents with an intent to defraud. The offense may be filed as a misdemeanor or a felony depending on the circumstances.

Examples of forged documents include:

• A fake will;
• An unemployment insurance application with a false Social Security number;¹
• A made-up letter of recommendation for a job;²
• A false tax return;³ or
• Doctored university transcripts

Penalties

Defenses

Three potential forgery defenses are:

1. You had no intent to defraud;
2. The document was authentic; or
3. The police committed misconduct

Below, our Denver Colorado criminal defense attorneys will discuss:

• 1. What is Colorado’s legal definition of forgery?
• 2. What are the penalties?
• 3. What are common defenses?
• 4. What are the immigration consequences?
• 5. Is the criminal record sealable?
• 6. What is the statute of limitations for forgery in Colorado?
• 7. What is forgery of a check?
• Additional resources

Also see our related articles about UCC-related crimes in Colorado and identity theft.

Altering passports is a type of forgery under CRS 18-5-102.

1. What is Colorado’s legal definition of forgery?

Forgery is making a fake document or falsifying an existing one with the intent to defraud someone with it. As discussed below, Colorado has six separate forgery crimes.

Documents need not be completely false for you to be guilty of forgery. Merely inserting one untrue piece of information qualifies.⁴

It is also unnecessary that the person receiving the fake document fall for the fraud. All a forgery conviction requires is that you have the intent to defraud.⁵

18-5-102 CRS states that:

(1) A person commits forgery, if, with intent to defraud, the person falsely makes, completes, alters, or utters a written instrument that is or purports to be, or that 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, or other instrument that 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.

(2) Forgery is a class 5 felony.

(3) Uttering a forged document to a peace officer shall create a presumption that the person intended to defraud such peace officer.

Forgery – CRS 18-5-102

First-degree forgery under CRS 18-5-102 occurs when you – with fraudulent intent – fake or falsify any of the following documents or devices:

1. Government-issued money, stamps, securities, or other valuable instruments;
2. Part of an issue of stock, bonds, or other instruments. And they represent interests in — or claims against — a corporation or other organization or its property;
3. A deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, or other instrument. And it affects a legal right, interest, obligation, or status;
4. A public record or an instrument that is legally fileable with a public office or public servant;
5. A government-issued official written instrument;
6. Tokens, transfers, certificates, or other articles. And they are for public transportation, property, or services.
7. Lottery tickets or shares under CRS 14-35-2; or
8. A document-making implement. And it may be used to falsify or make false documents.

Colorado prosecutors normally have the burden to prove you have an intent to defraud. Though when the case involves presenting forged documents to a peace officer, the court may presume you had fraudulent intent, and you have the burden to prove otherwise.

Second-degree forgery

Forging any instrument not mentioned in the previous subsection is second-degree forgery under CRS 18-5-104 if you:

• Know that an instrument is forged, and
• Intend to defraud someone with it.

Examples of second-degree forged instruments include:

• Altered letters of recommendation,
• Forged signatures on credit card charge slips,
• Insurance applications with false information

Use of forged academic record

CRS 18-4-104.5 prohibits making or altering an academic record if you intend to either:

1. Seek a job with or admission to a public or private college in Colorado; or
2. Apply for a scholarship or financial aid.

“Academic record” can mean a:

• Transcript,
• Diploma,
• Grade report, or
• Similar document of an institution of secondary or higher education

Example: Penny lives in Denver and failed English her junior year of high school. When applying to college at Colorado State, she doctors the F on her transcript to look like an A. But before mailing out her application, Penny has a change of heart. She tears up her fake transcript and uses the real one. Had Penny sent out the fake transcript, she could have faced forgery charges. But since she stopped short of using the falsified transcript, she escaped criminal liability.

Criminal possession of a forged instrument

Having any forged instrument prohibited by CRS 18-5-102 is a crime under CRS 18-5-105 when you both:

• Know that the instrument is forged, and
• Have the intent to defraud someone with it.

Forgery under CRS 18-5-102 is discussed above in section 1.1. And as discussed below in section 2, possessing a forged instrument is a less serious crime than trying to use it.

Criminal possession of a second-degree forged instrument

Possessing a second-degree forged instrument is a Colorado crime under CRS 18-5-107 when you both:

• Know that the instrument is forged, and
• Have the intent to defraud someone with it.

Second-degree forgery is discussed above in section 1.2. As discussed below in section 2, possessing a forged instrument is a less serious crime than trying to use it.

Criminal possession of forgery devices

CRS 18-5-109 prohibits making or having counterfeiting devices. Examples are machines that create fake seals, signatures, or marks.

Forging money is a class 5 felony in Colorado.

2. What are the penalties?

Forgery sentences depend on the specific offense:

3. What are common defenses?

Five typical forgery defenses to CRS 18-5-102 criminal charges are:

1. You did not know you possessed a forged instrument;
2. You did not intend to defraud anyone;
3. The written document does not qualify as forged;
4. The police entrapped you; or
5. The police committed an illegal search and seizure

Typical evidence in forgery cases may include:

• Emails, texts, or voicemails. These may show you had no fraudulent intent;
• Eyewitness testimony about your intent; and/or
• Forensic expert testimony about the documents’ authenticity

4. What are the immigration consequences?

Forgery is deportable.⁶ Non-citizens facing 18-5-102 CRS charges should retain an attorney. Learn more about the criminal defense of immigrants.

5. Is the criminal record sealable?

Potentially, yes. But there may be a wait.

Learn about how to get a Colorado record seal.

6. What is the statute of limitations for forgery in Colorado?

Colorado district attorneys may bring felony forgery charges at any time. There is no statute of limitations for felony forgery charges.

There is an 18-month statute of limitations for misdemeanor forgery charges. So once 18 months have passed from the alleged forgery offense, prosecutors should be barred from bringing charges.⁸

Learn more in our article, What is the statute of limitations of forgery in Colorado?

7. What is forgery of a check?

Altering or otherwise falsifying a check is prosecuted as forgery in Colorado. Checks comprise any written, dated, and signed instrument directing a bank to give a certain amount of money to the bearer. Some examples of check forgery include:

• changing the amount of money
• using a false signature
• changing the date

Forging a check is a class 5 felony, carrying 1 to 3 years in prison and/or $1,000 to $100,000 in fines. Meanwhile, possessing a forged check is a class 6 felony. This carries 1 to 1.5 years in prison and/or $1,000 to $100,000 in fines.

Additional resources

For more in-depth information on forgery laws, refer to the following scholarly articles:

• Forgery and the Literacy of the Early Common Law – Albion.
• The Crime of Forgery – Journal of Financial Crime.
• When Is a Document False in the Law of Forgery? – The Modern Law Review.
• Insurance against Check Forgery – Columbia Law Review.
• The Perfect Fake: Creativity, Forgery, Art and the Law – DePaul-LCA Journal of Art & Entertainment Law.

Legal references: