C.R.S. § 18-8-113 – Impersonating a Public Servant – Colorado Law

2. Defenses

Here at Colorado Legal Defense Group, we have represented countless people charged with fraud crimes such as impersonating a public servant. In our experience, the following three defenses have proven very effective at getting C.R.S. 18-8-113 charges reduced or dismissed.

1. No “Act”: To be guilty, you have to not only impersonate a public servant but also perform some action in that official capacity while impersonating. If you never actually committed such an act, then your case should be dismissed.
2. False Identification: Perhaps you were misidentified as the perpetrator of the crime. It is not uncommon that the flawed identification procedures used by police officers lead to mistaken identification.
3. No Impersonation: You can also argue that your actions never rose to the level of impersonation. Perhaps you were just wearing a costume as a gag, and any reasonable person would know that you were not trying to pass yourself off as a public servant.

3. Related Offenses

• Impersonating a Peace Officer (C.R.S. 18-8-112) – Falsely pretending to be a police officer and performing an act while pretending that role. A more serious crime than impersonating a public officer, impersonating a peace officer is a class 5 felony, carrying one to three years in Colorado State Prison and fines of $1,000 to $100,000.
• Criminal Impersonation (C.R.S. 18-5-113) – Unlawfully pretending to be someone else to gain some benefit (or to harm) the subject of the impersonation. The penalties depend on the specifics of the case.

Impersonating a public servant is a less serious crime than impersonating a law enforcement officer.

Frequently Asked Questions

What’s the difference between impersonating a public servant and impersonating a police officer?

Impersonating a public servant (like a firefighter or city clerk) is a class 2 misdemeanor with up to 120 days in jail and $750 in fines. Impersonating a police officer is much more serious – it is a class 5 felony that carries one to three years in prison and fines up to $100,000.

Do I have to actually do something while pretending to be a public servant to break the law?

Yes, you must perform some act while pretending to be a public servant. Simply dressing up as a firefighter is not enough – you’d have to actually do something in that role, like responding to a fire call, to violate the law.

What counts as a “public servant” under Colorado law?

A public servant includes any government employee or officer (elected or appointed), such as mayors, judges, city clerks, firefighters, publicly employed attorneys, and other city, county, state, or federal employees. It also includes advisors, consultants, and process servers working for the government.

Can I be charged even if the government position I pretended to have doesn’t actually exist?

Yes, Colorado law specifically states that it is no defense if the office you pretended to hold did not actually exist. You can still be charged and convicted for impersonating a fake or non-existent government position.

Additional Reading

For more in-depth information on impersonation crimes, refer to the following scholarly articles:

• Legal regulation of impersonation through websites – Journal of Electronic Security and Digital Forensics.
• Legal Aspects of Self Impersonation Activities In Related To Intended Personality and Identification Rights Violations – International Journal of Multidisciplinary and Current Educational Research.
• We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes – Cardozo Journal of Conflict Resolution.
• The Impostor Rule and the Nature of Forgery under the Revised Uniform Commercial Code: A Doctrinal Analysis and Some Suggestions for the Drafting Committee – American Business Law Journal.
• Online Impersonation: I Have a Right to Be Left Alone v. You Can’t Mandate How I Use My Privacy Toolbox – The University of Illinois Timely Tech online journal.

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