CRS 18-5-102 – Forgery in Colorado Law

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

Colorado also punishes possessing forged instruments or devices capable of producing one.

Penalties

The punishments for forgery depend on the type of document. It is a class 5 felony to falsify cash, stock certificates, or legal documents. Under CRS 18-5-102, this carries:

• 1 to 3 years in Colorado State Prison, and/or
• A fine of $1,000 to $100,000

Meanwhile, forging most other types of documents is a class 2 misdemeanor. This carries:

• Up to 120 days in jail, and/or
• A fine of up to $750

Possessing a falsified document can be a felony or a misdemeanor. It depends on the document. But it is always a class 6 felony to possess a device that makes forged instruments. This carries:

• 1 to 1 ½ years in prison, and/or
• A fine of $1,000 to $100,000

Defenses

Three potential forgery defenses are:

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

Below our Denver Colorado criminal defense attorneys discuss:

• 1. What is Colorado’s legal definition of forgery?
  • 1.1. Forgery – CRS 18-5-102
  • 1.2. Second-degree forgery
  • 1.3. Use of forged academic record
  • 1.4. Criminal possession of a forged instrument
  • 1.5. Criminal possession of second-degree forged instrument
  • 1.6. Criminal possession of forgery devices
• 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?

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 a person 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 a defendant has the intent to defraud.⁵

18-5-102 CRS states that:

(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.

(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.

1.1. Forgery – CRS 18-5-102

First-degree forgery under CRS 18-5-102 occurs when someone with fraudulent intent fakes or falsifies 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 defendants have an intent to defraud. But when the case involves presenting forged documents to a peace officer, the court may presume the defendant has fraudulent intent. And the defendant has the burden to prove otherwise.

1.2. Second-degree forgery

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

• Knows that an instrument is forged, and
• Intends 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

1.3. Use of forged academic record

CRS 18-4-104.5 prohibits people from making or altering an academic record if they 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.

1.4. 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 the defendant both:

• Know that the instrument is forged, and
• Has 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.

1.5. Criminal possession of a second-degree forged instrument

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

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

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

1.6. 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. The defendant did not know he/she possessed a forged instrument;
2. The defendant did not intend to defraud anyone;
3. The written document does not qualify as forged;
4. The police entrapped the defendant; or
5. The police committed an illegal search and seizure

Typical evidence in forgery cases may include:

• Emails, texts, or voicemails. These may show the defendant had no fraudulent intent;
• Eyewitness testimony about the defendant’s 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 (as described above in section 1.1). 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.

Call our criminal law firm for legal advice.

Our criminal defense lawyers practice throughout Colorado, including Denver, Greeley, Colorado Springs, and more. We fight for the best possible outcome in your case.

Arrested in California? See our article on California forgery laws (470 PC).

Arrested in Nevada? See our articles on forgery (NRS 205.090) and counterfeiting seals (NRS 205.175).

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