(1) A person commits criminal impersonation if he
or she knowingly:
(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.
(2) (a) Criminal impersonation in violation of subsection (1)(a)(III) or (1)(b)(I) of this
section is a class 6 felony.
(a.5) Criminal impersonation in violation of subsection (1)(a)(I) or (1)(a)(II) of this
section is a class 5 felony.
(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.
(3) For the purposes of subsection (1) of this section, using false or fictitious personal
identifying information, as defined in section 18-5-901 (13), shall constitute the assumption of a
false or fictitious identity or capacity.
Source: L. 71: R&RE, p. 436, § 1. C.R.S. 1963: § 40-5-113. L. 77: IP(1) amended, p.
964, § 30, effective July 1. L. 89: (2) amended, p. 834, § 54, effective July 1. L. 2011: (1)
amended and (3) added, (SB 11-201), ch. 217, p. 947, § 1, effective May 27. L. 2021: (1)(b) and
(2) amended, (SB 21-271), ch. 462, p. 3182, § 233, effective March 1, 2022. L. 2023: (2)(a)
amended and (2)(a.5) added, (HB 23-1293), ch. 298, p. 1786, § 18, effective October 1.
Notes of Decisions
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
· cites it 23× “§ 18-5-113. In its entirety the statute reads: (1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he: (a) Marries, or pretends to marry, or to sustain the marriage relation toward…”
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
· cites it 89× “§ 18-5-113, C.R.S. (2005) (emphasis added).”
People v. Rodgers, 756 P.2d 980 (Colo. 1988).
· cites it 8× “[2] Section 18-5-113, 8B C.R.S. (1986), provides: Criminal impersonation.”
People v. Gutierrez, 222 P.3d 925 (Colo. 2009).
· cites it 3× “Indeed, as the People concede in their briefing before this court, a mismatch would not necessarily establish that the client had worked using a false or fictitious SSN, a fact which would be required to support a charge of criminal impersonation under section 18-5-113, C.R.S.…”
Flores-Molina v. Sessions, 850 F.3d 1150 (10th Cir. 2017).
· cites it 3× “2015) (quoting Colo. Rev. Stat. § 18-5-113 (l)(d)). We concluded this offense "constitutes a categorical CIMT because fraud is inherent in the statute.”
People v. Montes-Rodriguez, 219 P.3d 340 (Colo. Ct. App. 2009).
· cites it 21× “In my view, defendant's mere use of a Social Security number not belonging to him along with substantial other information accurately identifying him was not sufficient, under the circumstances of this case, to prove beyond a reasonable doubt that he "knowingly assume[d] a false…”
People v. Pérez, 129 P.3d 1090 (Colo. Ct. App. 2005).
· cites it 9× “Section 18-5-113, C.R.S.2005. Here, Pérez did not file a motion challenging venue within twenty days of the date of his arraignment.”
People v. Hoecher, 822 P.2d 8 (Colo. 1991).
· cites it 4× “[3] § 18-5-113, 8B C.R.S. (1986 & 1991 Supp.).”
United States v. Zazi, 356 F. Supp. 3d 1105 (D. Colo. 2018).
· cites it 4× “In Veloz-Luvevano , the court concluded that the Colorado statute criminalizing impersonation, 11 C.R.S. § 18-5-113(1)(d), 12 "constitutes a categorical CIMT because fraud is inherent in the statute," as it "criminaliz[es] 'fraudulent impersonation,' " and "falls in Colorado's…”
People v. Johnson, 30 P.3d 718 (Colo. Ct. App. 2000).
· cites it 5× “Section 18-5-113(1) thus defines criminal impersonation as knowingly "assuming a false or fictitious identity or capacity, and in that identity or capacity, doing any act with intent to unlawfully gain a benefit or injure or defraud another.”
People v. Peay, 5 P.3d 398 (Colo. Ct. App. 2000).
· cites it 6× “Defendant was charged with one count of criminal impersonation pursuant to § 18-5-113(1)(e), C.R.S.1999, and one count of *400 harassment pursuant to § 18-9-111(1)(a), C.”
People v. Borrego, 738 P.2d 59 (Colo. Ct. App. 1987).
· cites it 7× “His mistake establishes, rather than negates, the required mental state for conviction under § 18-5-113, C.R.S. (1986 Repl. Vol. 8B). See Darr v.”
— Colo. Rev. Stat. § 18-5-113(1) — 9 cases
People v. Montes-Rodriguez, 219 P.3d 340 (Colo. Ct. App. 2009).
“In my view, defendant's mere use of a Social Security number not belonging to him along with substantial other information accurately identifying him was not sufficient, under the circumstances of this case, to prove beyond a reasonable doubt that he "knowingly assume[d] a false…”
People v. Pérez, 129 P.3d 1090 (Colo. Ct. App. 2005).
“Section 18-5-113, C.R.S.2005. Here, Pérez did not file a motion challenging venue within twenty days of the date of his arraignment.”
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
People v. Johnson, 30 P.3d 718 (Colo. Ct. App. 2000).
“Section 18-5-113(1) thus defines criminal impersonation as knowingly "assuming a false or fictitious identity or capacity, and in that identity or capacity, doing any act with intent to unlawfully gain a benefit or injure or defraud another.”
— Colo. Rev. Stat. § 18-5-113(1)(B)(I) — 2 cases
— Colo. Rev. Stat. § 18-5-113(1)(a) — 3 cases
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“§ 18-5-113. In its entirety the statute reads: (1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he: (a) Marries, or pretends to marry, or to sustain the marriage relation toward…”
People v. Johnson, 30 P.3d 718 (Colo. Ct. App. 2000).
“Section 18-5-113(1) thus defines criminal impersonation as knowingly "assuming a false or fictitious identity or capacity, and in that identity or capacity, doing any act with intent to unlawfully gain a benefit or injure or defraud another.”
— Colo. Rev. Stat. § 18-5-113(1)(b) — 1 case
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“§ 18-5-113. In its entirety the statute reads: (1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he: (a) Marries, or pretends to marry, or to sustain the marriage relation toward…”
— Colo. Rev. Stat. § 18-5-113(1)(b)(I) — 1 case
— Colo. Rev. Stat. § 18-5-113(1)(b)(II) — 3 cases
— Colo. Rev. Stat. § 18-5-113(1)(b)(III) — 1 case
— Colo. Rev. Stat. § 18-5-113(1)(c) — 1 case
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“§ 18-5-113. In its entirety the statute reads: (1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he: (a) Marries, or pretends to marry, or to sustain the marriage relation toward…”
— Colo. Rev. Stat. § 18-5-113(1)(d) — 4 cases
United States v. Zazi, 356 F. Supp. 3d 1105 (D. Colo. 2018).
“In Veloz-Luvevano , the court concluded that the Colorado statute criminalizing impersonation, 11 C.R.S. § 18-5-113(1)(d), 12 "constitutes a categorical CIMT because fraud is inherent in the statute," as it "criminaliz[es] 'fraudulent impersonation,' " and "falls in Colorado's…”
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“§ 18-5-113. In its entirety the statute reads: (1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he: (a) Marries, or pretends to marry, or to sustain the marriage relation toward…”
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
— Colo. Rev. Stat. § 18-5-113(1)(e) — 9 cases
Montes-Rodriguez v. People, 241 P.3d 924 (Colo. 2010).
“§ 18-5-113. In its entirety the statute reads: (1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he: (a) Marries, or pretends to marry, or to sustain the marriage relation toward…”
People v. Peay, 5 P.3d 398 (Colo. Ct. App. 2000).
“Defendant was charged with one count of criminal impersonation pursuant to § 18-5-113(1)(e), C.R.S.1999, and one count of *400 harassment pursuant to § 18-9-111(1)(a), C.”
People v. Rodgers, 756 P.2d 980 (Colo. 1988).
“[2] Section 18-5-113, 8B C.R.S. (1986), provides: Criminal impersonation.”
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
— Colo. Rev. Stat. § 18-5-113(2) — 2 cases
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
— Colo. Rev. Stat. § 18-5-113(e) — 1 case
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
— Colo. Rev. Stat. § 18-5-113(l)(d) — 1 case
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
— Colo. Rev. Stat. § 18-5-113(l)(e) — 7 cases
People v. Rodgers, 756 P.2d 980 (Colo. 1988).
“[2] Section 18-5-113, 8B C.R.S. (1986), provides: Criminal impersonation.”
Alvarado v. People, 132 P.3d 1205 (Colo. 2006).
“§ 18-5-113, C.R.S. (2005) (emphasis added).”
People v. Pérez, 129 P.3d 1090 (Colo. Ct. App. 2005).
“Section 18-5-113, C.R.S.2005. Here, Pérez did not file a motion challenging venue within twenty days of the date of his arraignment.”
People v. Borrego, 738 P.2d 59 (Colo. Ct. App. 1987).
“His mistake establishes, rather than negates, the required mental state for conviction under § 18-5-113, C.R.S. (1986 Repl. Vol. 8B). See Darr v.”
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