Under C.R.S. § 18-5-102, Colorado law defines the crime of forgery as making, completing, altering or uttering (offering up) falsified documents with an intent to defraud. The offense may be filed as a misdemeanor or a felony, depending on the circumstances.
Examples of forged documents include:- A fake will;
- An unemployment insurance application with a false Social Security number;1
- A made-up letter of recommendation for a job;2
- A false tax return;3 or
- Doctored university transcripts
| Forgery crime | Colorado punishment |
| Falsifying cash, stock certificates, or legal documents | Class 5 felony: 1 – 3 years in prison and/or $1,000 to $100,000 |
| Forging other types of documents | Class 2 misdemeanor: Up to 120 days in jail and/or up to $750 |
| Possessing a device that makes forged instruments | Class 6 felony: 1 to 1 ½ years in prison and/or $1,000 to $100,000 |
- You had no intent to defraud;
- The document was authentic; or
- The police committed misconduct
- 1. Elements
- 2. Penalties
- 3. Defenses
- 4. Immigration Consequences
- 5. Record Seals
- 6. Statute of Limitations
- 7. Forgery of a Check
- Additional Resources
1. Elements
Forgery is making a fake document or falsifying an existing one with the intent to defraud someone with it. As discussed below, Colorado has six separate forgery crimes. Documents need not be completely false for you to be guilty of forgery. Merely inserting one untrue piece of information qualifies.4 It is also unnecessary for the person receiving the fake document fall for the fraud. All a forgery conviction requires is that you have the intent to defraud.5 18-5-102 C.R.S. states that:(1) A person commits forgery, if, with intent to defraud, the person falsely makes, completes, alters, or utters a written instrument that is or purports to be, or that is calculated to become or to represent if completed: (a) Part of an issue of money, stamps, securities, or other valuable instruments issued by a government or government agency; or (b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property; or (c) A deed, will, codicil, contract, assignment, commercial instrument, promissory note, or other instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or (d) A public record or an instrument filed or required by law to be filed or legally fileable in or with a public office or public servant; or (e) A written instrument officially issued or created by a public office, public servant, or government agency; or (f) Part of an issue of tokens, transfers, certificates, or other articles manufactured and designed for use in transportation fees upon public conveyances, or as symbols of value usable in place of money for the purchase of property or services available to the public for compensation; or (g) Part of an issue of lottery tickets or shares designed for use in the lottery held pursuant to part 2 of article 35 of title 24, C.R.S.; or (h) A document-making implement that may be used or is used in the production of a false identification document or in the production of another document-making implement to produce false identification documents. (2) Forgery is a class 5 felony. (3) Uttering a forged document to a peace officer shall create a presumption that the person intended to defraud such peace officer.The following graphic shows common doctored documents in Colorado forgery cases.
Forgery – C.R.S. 18-5-102
First-degree forgery under C.R.S. 18-5-102 occurs when you – with fraudulent intent – fake or falsify any of the following documents or devices:- Government-issued money, stamps, securities, or other valuable instruments;
- Part of an issue of stock, bonds, or other instruments. And they represent interests in — or claims against — a corporation or other organization or its property;
- A deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, or other instrument. And it affects a legal right, interest, obligation, or status;
- A public record or an instrument that is legally fileable with a public office or public servant;
- A government-issued official written instrument;
- Tokens, transfers, certificates, or other articles. And they are for public transportation, property, or services.
- Lottery tickets or shares under C.R.S. 14-35-2; or
- A document-making implement. And it may be used to falsify or make false documents.
Second-degree forgery
Forging any instrument not mentioned in the previous subsection is second-degree forgery under C.R.S. 18-5-104 if you:- Know that an instrument is forged, and
- Intend to defraud someone with it.
- Altered letters of recommendation,
- Forged signatures on credit card charge slips,
- Insurance applications with false information
Use of forged academic record
C.R.S. 18-4-104.5 prohibits making or altering an academic record if you intend to either:- Seek a job with or admission to a public or private college in Colorado; or
- Apply for a scholarship or financial aid.
- Transcript,
- Diploma,
- Grade report, or
- Similar document of an institution of secondary or higher education
Example: Penny lives in Denver and failed English her junior year of high school. When applying to college at Colorado State, she doctors the F on her transcript to look like an A. But before mailing out her application, Penny has a change of heart. She tears up her fake transcript and uses the real one. Had Penny sent out the fake transcript, she could have faced forgery charges. But since she stopped short of using the falsified transcript, she escaped criminal liability.
Criminal possession of a forged instrument
Having any forged instrument prohibited by C.R.S. 18-5-102 is a crime under C.R.S. 18-5-105 when you both:- Know that the instrument is forged, and
- Have the intent to defraud someone with it.
Criminal possession of a second-degree forged instrument
Possessing a second-degree forged instrument is a Colorado crime under C.R.S. 18-5-107 when you both:- Know that the instrument is forged, and
- Have the intent to defraud someone with it.
Criminal possession of forgery devices
C.R.S. 18-5-109 prohibits making or having counterfeiting devices. Examples are machines that create fake seals, signatures, or marks.
2. Penalties
Forgery sentences depend on the specific offense:|
Colorado forgery offense |
Punishments |
| Forgery (C.R.S. 18-5-102) | Class 5 felony:
|
| Second-degree forgery (C.R.S. 18-5-104) | Class 2 misdemeanor:
|
| Use of forged academic record (C.R.S. 18-5-104.5) | Class 2 misdemeanor:
|
| Criminal possession of a forged instrument (C.R.S. 18-5-105) | Class 6 felony:
|
| Criminal possession of a second-degree forged instrument (C.R.S. 18-5-107) | Petty offense:
|
| Criminal possession of forgery devices (C.R.S. 18-5-109) | Class 6 felony:
|
3. Defenses
Five typical forgery defenses to C.R.S. 18-5-102 criminal charges are:- You did not know you possessed a forged instrument;
- You did not intend to defraud anyone;
- The written document does not qualify as forged;
- The police entrapped you; or
- The police committed an illegal search and seizure
- Emails, texts, or voicemails. These may show you had no fraudulent intent;
- Eyewitness testimony about your intent; and/or
- Forensic expert testimony about the documents’ authenticity
4. Immigration Consequences
Forgery is deportable.6 Non-citizens facing C.R.S. 18-5-102 charges should retain an attorney. Learn more about the criminal defense of immigrants.5. Record Seals
Potentially, yes. But there may be a wait.|
Colorado forgery conviction |
Waiting period for record seal |
| Felonies | 3 years after the case ends |
| Class 2 misdemeanors | 2 years after the case ends |
| Petty Offense | 1 year after the case ends |
| Dismissals (no conviction) | Immediately7 |
6. Statute of Limitations
Colorado district attorneys may bring felony forgery charges at any time. There is no statute of limitations for felony forgery charges. There is an 18-month statute of limitations for misdemeanor forgery charges. So once 18 months have passed from the alleged forgery offense, prosecutors should be barred from bringing charges.8 Learn more in our article, What is the statute of limitations of forgery in Colorado?7. Forgery of a Check
Altering or otherwise falsifying a check is prosecuted as forgery in Colorado. Checks are any written, dated, and signed instruments directing a bank to pay a certain amount of money to the bearer. Some examples of check forgery include:- changing the amount of money
- using a false signature
- changing the date
Additional Resources
For more in-depth information on forgery laws, refer to the following scholarly articles:- Forgery and the Literacy of the Early Common Law – Albion.
- The Crime of Forgery – Journal of Financial Crime.
- When Is a Document False in the Law of Forgery? – The Modern Law Review.
- The Perfect Fake: Creativity, Forgery, Art and the Law – DePaul-LCA Journal of Art & Entertainment Law.
Legal references:
- People v. Clanton (Colo. App., 2015) 361 P.3d 1056, certiorari denied. See also C.R.S. 18-5-102. See also SB21-271. See also People v. Carian (Colo. App. 2017) 414 P.3d 34. HB 23-1293. See, for example, People v. Hoggard (Colo. 2020) 465 P.3d 34.
- People v. Cunefare (2004) 102 P.3d 302, modified on denial of rehearing, or on remand 2005 WL 1176084, rehearing denied.
- People v. Vesely (Colo. App. 1978) 587 P.2d 802.
- People v. Kovacs (Colo. App. 2012) 284 P.3d. 186.
- People v. Cunefare, note 2, above.
- 8 USC 1227.
- C.R.S. 24-72-701 – 708.
- C.R.S. 16-5-401.