In our last blog, we addressed the new False Reporting statute and how it removed the ability for someone to be charged with Attempt to Influence a Public Servant for lying about their identifying information. Another law that was updated and went into effect on March 1, 2022 is Criminal Impersonation. The biggest change with this law is with the potential sentence. Previously, Criminal Impersonation was a class 6 felony no matter which subsection you are charged under. Now, Criminal Impersonation can be a class 2 misdemeanor, class 1 misdemeanor, or class 6 felony depending on the elements of the crime. Let’s take a closer look at these changes.
Larimer County Criminal Impersonation Attorney: New Definition of Criminal Impersonation in Colorado
The Larimer County, Colorado new 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, subjects such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty;
(II) Performs an act that, if done by the person falsely impersonated, might subject the person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or
(III) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.
This part of the statute remains mostly unchanged, except the added might in subsection (b) part (II). This language addition means that no actual negative impact needs to occur to the falsely impersonated person to be charged with the crime. If there is the capacity for a negative consequence for using someone else’s name, then you can be charged with the crime.
New Law Sentence for Criminal Impersonation in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Criminal Impersonation is now charged as follows:
(b) Criminal impersonation in violation of subsection (1)(b)(II) of this section is a class 1 misdemeanor.
(c) Criminal impersonation in violation of subsection (1)(b)(III) of this section is a class 2 misdemeanor.
The class 6 felony Criminal Impersonation is punishable by 12 to 18 months in the Colorado Department of Corrections. The class 1 misdemeanor Criminal Impersonation is punishable by up to 364 days in the Larimer County Jail and the class 2 misdemeanor is punishable by up to 120 days in the Larimer County Jail.
If you or someone you love has been charged with the new Criminal Impersonation, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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