CRS 18-5-207 – Purchase on Credit to Defraud in Colorado

CRS 18-5-207 is the Colorado code section that defines the offense of purchase on credit to defraud. A person commits this offense if he or she:

• purchases any personal property on credit; and
• afterwards, before paying for it,
• sells, hypothecates, pledges, or disposes of it,
• with intent to defraud the seller or vendor.

Penalties for the Offense

If a person is convicted of the offense of purchase on credit to defraud, he or she is guilty of a Class 2 misdemeanor. He or she is subject to the following potential penalties:

• 3 to 12 months in jail; and
• a maximum possible fine of up to $1,000.

Defending Your Case

There are defenses that you can asset in connection with this charge, including:

• mistaken identity;
• no intent to defraud the seller or vendor;
• insufficient proof beyond a reasonable doubt; or
• the personal property was paid for.

Below, our Denver Colorado criminal defense lawyers discuss the following frequently asked questions about a purchase on credit to defraud for Colorado residents:

• 1. What is “intent to defraud”?
• 2. What are the penalties if I am convicted of this offense?
• 3. What defenses can I raise to this charge?
  
  • 3.1 Mistaken Identity
  • 3.2 No Intent to Defraud the Seller or Vendor
  • 3.3 Insufficient Proof Beyond a Reasonable Doubt
  • 3.4 Personal Property Was Paid For

1. What is “intent to defraud”?

It is not enough that a person buys personal property on credit, and sells it before paying for it. The reason for the sale must be with the intent to defraud the seller or vendor. It must be for the reason of:

• taking money or property from another;
• committing a theft offense; or
• using trickery or deceit to make money or gain a benefit.

2. What are the penalties if I am convicted of this offense?

If a person is convicted of the offense of purchase on credit to defraud, he or she is guilty of a Class 2 misdemeanor. He or she is subject to the following potential penalties:

• 3 to 12 months in jail; and
• a maximum possible fine of up to $1,000. ²

3. What defenses can I raise to this charge?

There are defenses that you can raise to this criminal charge.

3.1 Mistaken Identity

You can argue that you are not the person who committed the offense, and you can argue that any identification techniques were flawed. This is especially true if you were “identified” because of online payment activity, as someone may have been impersonating you.

3.2 No Intent to Defraud the Seller or Vendor

This crime requires intent to defraud. If the actions committed never had that intent, or the prosecutor cannot prove that intent beyond a reasonable doubt, then no crime has been committed.

3.3 Insufficient Proof Beyond a Reasonable Doubt

Every criminal case must be proven beyond a reasonable doubt. It is a high burden to prove, and without the proper evidence it cannot be shown. Your attorney can poke holes in the prosecutor’s case, attempt to suppress evidence, and argue your case for you.

3.4 Personal Property Was Paid For

To be a crime under this code section, the criminal action must occur before the property is paid for. If you paid for the property before selling it or giving it away, you are not guilty of the crime.

Call us for help…

For questions about a purchase on credit to defraud offenses or to confidentially discuss your case with one of our skilled Colorado criminal defense attorneys, do not hesitate to contact us.

We represent clients in and around Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, and several nearby cities.

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