Identity theft charges carry serious consequences. Under Colorado law, using someone else’s personal or financial information without permission can lead to misdemeanor or felony charges depending on the severity of the crime.
What counts as identity theft?
Identity theft occurs when someone knowingly uses or possesses another person’s personal or financial information without permission, intending to obtain something of value. This includes using someone’s name, Social Security number, bank account details, or credit card information to make purchases, apply for loans, or obtain government-issued documents. Even possessing such information with the intent to use it can lead to charges.
What are the penalties?
Identity theft is typically charged as a class 4 felony in Colorado. This can result in 2 to 6 years in prison and fines ranging from $2,000 to $500,000. If someone possesses the personal or financial information of three or more individuals, the charge can escalate to a class 5 felony, which carries 1 to 3 years in prison and fines up to $100,000. In some cases, if the offense involves fewer than three individuals, the case can result in a class 2 misdemeanor. Conviction in these cases can result in up to 120 days in jail and fines up to $750.
How are cases investigated?
Investigations often begin when an individual reports an unauthorized use of their information. Law enforcement agencies, including the Colorado Bureau of Investigation, may get involved. They gather evidence such as financial records, surveillance footage, and digital data to identify suspects. Prosecutors must prove that the accused knowingly used someone else’s information without permission and intended to defraud or gain something of value.
What defenses are available?
Several defenses can be used against identity theft charges. First, courts must prove intent; if someone used another person’s information accidentally, they might not be culpable. Courts must also prove the individual did not have consent. If the person had permission to use the information, it’s not considered theft. If the prosecution lacks sufficient evidence to prove the defendant’s knowledge or intent, the charges may not hold.
If you are facing charges of identity theft, understanding the details of the offense and the potential defenses can help you navigate the process. Being aware of your rights and the elements of the case may provide a strong foundation for your defense.
