A woman was recently arrested for allegedly committing crimes against her ex-boyfriend’s pregnant wife. According to the news report, the woman started emailing threats to the new wife shortly after their wedding. A restraining order was entered, but that did not stop the ex-girlfriend. She began posting ads on Craigslist pretending to be the pregnant wife saying that she wanted to engage in rape fantasies. When anyone would respond to the ad, the ex-girlfriend would send photos of the wife and give specific details about her daily routine. The ex told the responders to have forcible sex with the wife, even if she resisted. A few of the responders actually showed up at the wife’s house with the intention of following through on the ad requests, but were unsuccessful. The ex-girlfriend was arrested and charged with a myriad of offenses including Criminal Impersonation and Stalking.
Larimer County Criminal Impersonation Lawyer: What is the Definition of Criminal Impersonation?
The Colorado law definition of Criminal Impersonation – C.R.S. 18-5-113 – is:
(a) Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she:
(I) Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter;
(II) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or
(III) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or
(b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she:
(I) Performs an act that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or
(II) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.
Based on the definition above, the ex-girlfriend’s alleged actions met the statute part (b) (II). She assumed the identity of the wife to post ads on Craigslist with the intention of injuring the wife. As a class 6 felony in Larimer, Boulder, and Jackson County, Criminal Impersonation is punishable by 12 to 18 months in the Colorado Department of Corrections and up to $100,000 in fines.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Stalking or Criminal Impersonation? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Stalking Lawyer: What is the Definition of Stalking?
The Colorado law definition of Stalking – C.R.S. 18-3-602 – is:
(a) Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
(b) Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(c) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
Because the ex-girlfriend made threats toward the wife and repeatedly communicated with her through email, she is facing this felony crime. In Fort Collins, Loveland, and Estes Park, Stalking can be charged as a class 4 or class 5 felony depending on the circumstances. While it is generally charged as a class 5 felony, this crime is heightened to a class 4 felony if:
- It is a second or subsequent Stalking offense that occurred within seven years after the date of a prior offense; or
- At the time of the offense, there was a temporary or permanent protection order or any other court order in effect against the person prohibiting the behavior described in the statute.
For the ex-girlfriend, there was a permanent restraining order in place, so she would be facing the harsher class 4 felony Stalking charge. As an extraordinary risk crime, the maximum sentence for this level felony is extended. This means she could be facing 2 to 8 years in the Colorado Department of Corrections and up to $500,000 in fines.