(1) A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to defraud, and with notice that either:
(a) The financial transaction device has expired, has been revoked, or has been canceled; or
(b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder.
(2) For purposes of paragraphs (a) and (b) of subsection (1) of this section, "notice" includes either notice given in person or notice given in writing to the account holder. The sending of a notice in writing by registered or certified mail, return receipt requested, duly stamped and addressed to such account holder at his last address known to the issuer, evidenced by a signed returned receipt signed by the account holder, is prima facie evidence that the notice was received.
(3) Unauthorized use of a financial transaction device is:
(a) (Deleted by amendment, L. 2007, p. 1695, § 13, effective July 1, 2007.)
(b) Repealed.
(c) A petty offense if the value of the cash, credit, property, or services obtained or of the financial payments made is less than three hundred dollars;
(d) A class 2 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is three hundred dollars or more but less than one thousand dollars;
(e) A class 1 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is one thousand dollars or more but less than two thousand dollars;
(f) A class 6 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is two thousand dollars or more but less than five thousand dollars;
(g) A class 5 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is five thousand dollars or more but less than twenty thousand dollars;
(h) A class 4 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is twenty thousand dollars or more but less than one hundred thousand dollars;
(i) A class 3 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one hundred thousand dollars or more but less than one million dollars; and
(j) A class 2 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is one million dollars or more.
(4) The value of the cash, credit, property, or services obtained and the financial payments made shall be the total value of the cash, credit, property, or services obtained or financial payments made by unauthorized use of a single financial transaction device within a six-month period from the date of the first unauthorized use.
Source: L. 84: Entire part added, p. 549, § 2, effective July 1; (3)(b) and (3)(c) amended, p. 539, § 16, effective July 1, 1985. L. 89: (3)(c) amended, p. 837, § 67, effective July 1. L. 92:
(3) amended, p. 436, § 8, effective April 10. L. 98: (3)(b) and (3)(c) amended, p. 1439, § 17, effective July 1; (3)(b) and (3)(c) amended, p. 797, § 11, effective July 1. L. 2007: (3) amended, p. 1695, § 13, effective July 1. L. 2014: (3) amended, (HB 14-1266), ch. 155, p. 538, § 4, effective August 6. L. 2021: (3)(c), (3)(d), and (3)(e) amended, (SB 21-271), ch. 462, p. 3189, § 251, effective March 1, 2022; (3)(b)(II) added by revision, (SB 21-271), ch. 462, pp. 3189, 3331, §§ 251, 803.
Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective March 1, 2022. (See L. 2021, p. 3189, 3331.)
Cross references: For the legislative declaration contained in the 2007 act amending subsection (3), see section 1 of chapter 384, Session Laws of Colorado 2007.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1988–2025 · leading case:
People v. Novitskiy, 81 P.3d 1070 (Colo. Ct. App. 2003).
People v. Novitskiy, 81 P.3d 1070 (Colo. Ct. App. 2003).
· cites it 19× “2002, class five felonies; unlawful use of a financial transaction device, § 18-5-702, C.R.S.2002, a class two misdemeanor; and theft, § 18-4-401, C.”
People v. Bush, 948 P.2d 16 (Colo. Ct. App. 1997).
· cites it 6× “" Section 18-5-702(1), C.R.S. (1986 Repl.Vol.”
People v. Ford, 232 P.3d 260 (Colo. Ct. App. 2009).
· cites it 3× “The fulcrum of defendant’s argument is a comparison of the identity theft statute with the statute prohibiting unauthorized use of a financial transaction device, section 18-5-702, C.R.S.2009. Defendant contends that his equal protection rights were violated because he employed…”
People v. Trujillo, 369 P.3d 693 (Colo. Ct. App. 2015).
· cites it 2× “, ' 126 We note initially that the identity theft and the unauthorized use of a financial transaction device statutes have several similarities.”
People v. Pipkin, 762 P.2d 736 (Colo. Ct. App. 1988).
· cites it 3× “The statute, § 18-5-702, C.R.S. (1986 Repl. Vol. 8B), provides: “(1) A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to…”
People v. Patton, 425 P.3d 1152 (Colo. Ct. App. 2016).
· cites it 14× “Applicable Law ¶ 8 Under section 18-5-702(1), C.R.S. 2016, a person commits unauthorized use of a financial instrument if he or she has notice that a device has expired, has been revoked, or has been cancelled.”
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
· cites it 6× “§ 18-5-702(1), C.R.S.2012; see also People v.”
People v. Brennan, 2025 COA 68 (Colo. Ct. App. 2025).
· cites it 5× “§ 18-5-702 (emphases added). 2. Identity Theft ¶ 34 (1) A person commits identity theft if he or she: (a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent…”
Peo in Interest of DM (Colo. Ct. App. 2025).
“” § 18-5-901(6). But sections 18-5-702(1) & -702(1)(a), C.”
— Colo. Rev. Stat. § 18-5-702(1) — 5 cases
People v. Novitskiy, 81 P.3d 1070 (Colo. Ct. App. 2003).
“2002, class five felonies; unlawful use of a financial transaction device, § 18-5-702, C.R.S.2002, a class two misdemeanor; and theft, § 18-4-401, C.”
People v. Bush, 948 P.2d 16 (Colo. Ct. App. 1997).
“" Section 18-5-702(1), C.R.S. (1986 Repl.Vol.”
People v. Patton, 425 P.3d 1152 (Colo. Ct. App. 2016).
“Applicable Law ¶ 8 Under section 18-5-702(1), C.R.S. 2016, a person commits unauthorized use of a financial instrument if he or she has notice that a device has expired, has been revoked, or has been cancelled.”
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
“§ 18-5-702(1), C.R.S.2012; see also People v.”
Peo in Interest of DM (Colo. Ct. App. 2025).
“” § 18-5-901(6). But sections 18-5-702(1) & -702(1)(a), C.”
— Colo. Rev. Stat. § 18-5-702(1)(a) — 2 cases
People v. Patton, 425 P.3d 1152 (Colo. Ct. App. 2016).
“Applicable Law ¶ 8 Under section 18-5-702(1), C.R.S. 2016, a person commits unauthorized use of a financial instrument if he or she has notice that a device has expired, has been revoked, or has been cancelled.”
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
“§ 18-5-702(1), C.R.S.2012; see also People v.”
— Colo. Rev. Stat. § 18-5-702(1)(b) — 2 cases
People v. Trujillo, 369 P.3d 693 (Colo. Ct. App. 2015).
“, ' 126 We note initially that the identity theft and the unauthorized use of a financial transaction device statutes have several similarities.”
People v. Brennan, 2025 COA 68 (Colo. Ct. App. 2025).
“§ 18-5-702 (emphases added). 2. Identity Theft ¶ 34 (1) A person commits identity theft if he or she: (a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent…”
— Colo. Rev. Stat. § 18-5-702(2) — 2 cases
People v. Pipkin, 762 P.2d 736 (Colo. Ct. App. 1988).
“The statute, § 18-5-702, C.R.S. (1986 Repl. Vol. 8B), provides: “(1) A person commits unauthorized use of a financial transaction device if he uses such device for the purpose of obtaining cash, credit, property, or services or for making financial payment, with intent to…”
People v. Patton, 425 P.3d 1152 (Colo. Ct. App. 2016).
“Applicable Law ¶ 8 Under section 18-5-702(1), C.R.S. 2016, a person commits unauthorized use of a financial instrument if he or she has notice that a device has expired, has been revoked, or has been cancelled.”
— Colo. Rev. Stat. § 18-5-702(3)(b) — 1 case
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
“§ 18-5-702(1), C.R.S.2012; see also People v.”
— Colo. Rev. Stat. § 18-5-702(4) — 1 case
People v. Novitskiy, 81 P.3d 1070 (Colo. Ct. App. 2003).
“2002, class five felonies; unlawful use of a financial transaction device, § 18-5-702, C.R.S.2002, a class two misdemeanor; and theft, § 18-4-401, C.”
— Colo. Rev. Stat. § 18-5-702(8) — 1 case
People v. Novitskiy, 81 P.3d 1070 (Colo. Ct. App. 2003).
“2002, class five felonies; unlawful use of a financial transaction device, § 18-5-702, C.R.S.2002, a class two misdemeanor; and theft, § 18-4-401, C.”
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