As used in this part 9, unless the context otherwise requires:
(1) "Account holder" means any person or business entity named on or associated with
the account or named on the face of a financial device to whom or for whose benefit the
financial device is issued by an issuer.
(2) "Extension of credit" means any loan or agreement, express or implied, whereby the
repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or
invalid, and however arising, may or will be deferred.
(3) To "falsely alter" a written instrument or financial device means to change a written
instrument or financial device without the authority of anyone entitled to grant such authority,
whether it be in complete or incomplete form, by means of erasure, obliteration, deletion,
insertion of new matter, transposition of matter, or any other means, so that the written
instrument or financial device in its thus altered form falsely appears or purports to be in all
respects an authentic creation of or fully authorized by its ostensible maker.
(4) To "falsely complete" a written instrument or financial device means:
(a) To transform an incomplete written instrument or financial device into a complete
one by adding, inserting, or changing matter without the authority of anyone entitled to grant that
authority, so that the complete written instrument or financial device falsely appears or purports
to be in all respects an authentic creation of or fully authorized by its ostensible maker; or
(b) To transform an incomplete written instrument or financial device into a complete
one by adding or inserting materially false information or adding or inserting a materially false
statement. A materially false statement is a false assertion that affects the action, conduct, or
decision of the person who receives or is intended to receive the asserted information in a
manner that directly or indirectly benefits the person making the assertion.
(5) To "falsely make" a written instrument or financial device means to make or draw a
written instrument or financial device, whether it be in complete or incomplete form, that
purports to be an authentic creation of its ostensible maker, but that is not, either because the
ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the
making or the drawing of the written instrument or financial device.
(6) "Financial device" means any instrument or device that can be used to obtain cash,
credit, property, services, or any other thing of value or to make financial payments, including
but not limited to:
(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed
check card;
(b) A check;
(c) A negotiable order of withdrawal;
(d) A share draft; or
(e) A money order.
(7) "Financial identifying information" means any of the following that can be used,
alone or in conjunction with any other information, to obtain cash, credit, property, services, or
any other thing of value or to make a financial payment:
(a) A personal identification number, credit card number, banking card number,
checking account number, debit card number, electronic fund transfer card number, guaranteed
check card number, or routing number; or
(b) A number representing a financial account or a number affecting the financial
interest, standing, or obligation of or to the account holder.
(8) "Government" means:
(a) The United States and its departments, agencies, or subdivisions;
(b) A state, county, municipality, or other political unit and its departments, agencies, or
subdivisions; and
(c) A corporation or other entity established by law to carry out governmental functions.
(9) "Issuer" means a person, a banking, financial, or business institution, or a corporation
or other business entity that assigns financial rights by acquiring, distributing, controlling, or
canceling an account or a financial device.
(10) "Number" includes, without limitation, any grouping or combination of letters,
numbers, or symbols.
(11) "Of another" means that of a natural person, living or dead, or a business entity as
defined in section 16-3-301.1 (11)(b), C.R.S.
(12) "Personal identification number" means a number assigned to an account holder by
an issuer to permit authorized use of an account or financial device.
(13) "Personal identifying information" means information that may be used, alone or in
conjunction with any other information, to identify a specific individual, including but not
limited to a name; a date of birth; a social security number; a password; a pass code; an official,
government-issued driver's license or identification card number; a government passport
number; biometric data; or an employer, student, or military identification number.
(14) "Utter" means to transfer, pass, or deliver, or to attempt or cause to be transferred,
passed, or delivered, to another person a written instrument or financial device, article, or thing.
(15) "Written instrument" means a paper, document, or other instrument containing
written or printed matter or the equivalent thereof, used for purposes of reciting, embodying,
conveying, or recording information, and any money, token, stamp, seal, badge, or trademark or
any evidence or symbol of value, right, privilege, or identification, that is capable of being used
to the advantage or disadvantage of another.
Source: L. 2006: Entire part added, p. 1319, § 8, effective July 1.
Notes of Decisions
Cited in
12
cases (
5 in the last 5 years), 2013–2025 · leading case:
People v. Reed, 338 P.3d 364 (Colo. Ct. App. 2013).
People v. Reed, 338 P.3d 364 (Colo. Ct. App. 2013).
· cites it 10× “160 Section 18-5-903(1), enacted in 2006, is part of a statutory scheme dedicated to preventing identity theft, See §§ 18-5-901 to -905, C.R.S.2012. Colorado's identity *375 theft statutes are intended to prevent the unauthorized use of a person's financial or personal…”
The People of the State of Colorado v. Jesus Rodriguez-Morelos., 2025 CO 2 (Colo. 2025).
· cites it 19× “Neither the language in the definition of "financial identifying information," see § 18-5-901 (7) , nor the language in the definition of "financial device," see § 18-5-901 (6) , tether this type of information only to human beings -or generally to the identity of the…”
People v. Perez, 2016 CO 12 (Colo. 2016).
“8, §§ 18-5-901 to -904, 2006 Colo. Sess. Laws 1317 , 1319–23.”
People v. Perez, 367 P.3d 695 (Colo. 2016).
“8, §§ 18-5-901 to -904, 2006 Colo. Sess. Laws 1817 , 1319-23.”
People v. Allman, 2017 COA 108 (Colo. Ct. App. 2017).
· cites it 2× “¶ 14 In examining the plain language of section 18-5-902(1)(a), we initially note that the word “uses” is not defined anywhere in either the elemental identity theft statute, see § 18-5-902, or in the general definitional statute for identity theft and related offenses, see §…”
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. Each statute requires proof of use of a "financial device" or a "financial transaction device," both of which include debit cards.”
Ross v. Pub. Serv., 2025 COA 31 (Colo. Ct. App. 2025).
· cites it 2× “2024, prohibiting, in part, the unlawful knowing “uses [of] personal identifying information,” cannot support a conviction for the unlawful use of an organization’s name and distribution of tax exemption documents because the definition of “[p]ersonal identifying information,” §…”
People v. Jesus Rodriguez-Morelos (Colo. Ct. App. 2022).
· cites it 18× “” § 18-5-901(11). ¶ 13 Defendant contends that the evidence in the record is not sufficient to support the identity theft conviction because (1) his use of the nonprofit’s name and tax-exempt document did not constitute the use of personal identifying information as defined by…”
Peo in Interest of DM (Colo. Ct. App. 2025).
· cites it 7× “23 device under section 18-5-901(6), C.R.S. 2024. Further, D.”
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
· cites it 4× “" § 18-5-901(1), C.R.S.2012. Thus, in order to prove that a defendant committed unauthorized use, the prosecution is not required to show that the financial device belonged to a separate individual or entity.”
People v. Perez, 2016 CO 12 (Colo. 2016).
· cites it 2× “8, §§ 18-5-901 to -904, 2006 Colo. Sess. Laws 1317 , 1319–23.”
People v. Christopher F. Poot-Baca, 544 P.3d 683 (Colo. Ct. App. 2023).
“§ 18-5-901(6)(a), C.R.S. 2023. C. Section 18-1-408(5)(a) ¶ 26 Poot-Baca argues that criminal possession of a financial device is a lesser included offense of identity theft under section 18-1- 408(5)(a) (subsection 408(5)(a)).”
— Colo. Rev. Stat. § 18-5-901(1) — 1 case
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
“" § 18-5-901(1), C.R.S.2012. Thus, in order to prove that a defendant committed unauthorized use, the prosecution is not required to show that the financial device belonged to a separate individual or entity.”
— Colo. Rev. Stat. § 18-5-901(11) — 3 cases
The People of the State of Colorado v. Jesus Rodriguez-Morelos., 2025 CO 2 (Colo. 2025).
“Neither the language in the definition of "financial identifying information," see § 18-5-901 (7) , nor the language in the definition of "financial device," see § 18-5-901 (6) , tether this type of information only to human beings -or generally to the identity of the…”
People v. Jauch, 411 P.3d 53 (Colo. Ct. App. 2013).
“" § 18-5-901(1), C.R.S.2012. Thus, in order to prove that a defendant committed unauthorized use, the prosecution is not required to show that the financial device belonged to a separate individual or entity.”
People v. Jesus Rodriguez-Morelos (Colo. Ct. App. 2022).
“” § 18-5-901(11). ¶ 13 Defendant contends that the evidence in the record is not sufficient to support the identity theft conviction because (1) his use of the nonprofit’s name and tax-exempt document did not constitute the use of personal identifying information as defined by…”
— Colo. Rev. Stat. § 18-5-901(13) — 4 cases
The People of the State of Colorado v. Jesus Rodriguez-Morelos., 2025 CO 2 (Colo. 2025).
“Neither the language in the definition of "financial identifying information," see § 18-5-901 (7) , nor the language in the definition of "financial device," see § 18-5-901 (6) , tether this type of information only to human beings -or generally to the identity of the…”
People v. Reed, 338 P.3d 364 (Colo. Ct. App. 2013).
“160 Section 18-5-903(1), enacted in 2006, is part of a statutory scheme dedicated to preventing identity theft, See §§ 18-5-901 to -905, C.R.S.2012. Colorado's identity *375 theft statutes are intended to prevent the unauthorized use of a person's financial or personal…”
Ross v. Pub. Serv., 2025 COA 31 (Colo. Ct. App. 2025).
“2024, prohibiting, in part, the unlawful knowing “uses [of] personal identifying information,” cannot support a conviction for the unlawful use of an organization’s name and distribution of tax exemption documents because the definition of “[p]ersonal identifying information,” §…”
People v. Jesus Rodriguez-Morelos (Colo. Ct. App. 2022).
“” § 18-5-901(11). ¶ 13 Defendant contends that the evidence in the record is not sufficient to support the identity theft conviction because (1) his use of the nonprofit’s name and tax-exempt document did not constitute the use of personal identifying information as defined by…”
— Colo. Rev. Stat. § 18-5-901(6) — 4 cases
People v. Reed, 338 P.3d 364 (Colo. Ct. App. 2013).
“160 Section 18-5-903(1), enacted in 2006, is part of a statutory scheme dedicated to preventing identity theft, See §§ 18-5-901 to -905, C.R.S.2012. Colorado's identity *375 theft statutes are intended to prevent the unauthorized use of a person's financial or personal…”
The People of the State of Colorado v. Jesus Rodriguez-Morelos., 2025 CO 2 (Colo. 2025).
“Neither the language in the definition of "financial identifying information," see § 18-5-901 (7) , nor the language in the definition of "financial device," see § 18-5-901 (6) , tether this type of information only to human beings -or generally to the identity of the…”
Peo in Interest of DM (Colo. Ct. App. 2025).
“23 device under section 18-5-901(6), C.R.S. 2024. Further, D.”
People v. Jesus Rodriguez-Morelos (Colo. Ct. App. 2022).
“” § 18-5-901(11). ¶ 13 Defendant contends that the evidence in the record is not sufficient to support the identity theft conviction because (1) his use of the nonprofit’s name and tax-exempt document did not constitute the use of personal identifying information as defined by…”
— Colo. Rev. Stat. § 18-5-901(6)(a) — 1 case
People v. Christopher F. Poot-Baca, 544 P.3d 683 (Colo. Ct. App. 2023).
“§ 18-5-901(6)(a), C.R.S. 2023. C. Section 18-1-408(5)(a) ¶ 26 Poot-Baca argues that criminal possession of a financial device is a lesser included offense of identity theft under section 18-1- 408(5)(a) (subsection 408(5)(a)).”
— Colo. Rev. Stat. § 18-5-901(7) — 3 cases
People v. Reed, 338 P.3d 364 (Colo. Ct. App. 2013).
“160 Section 18-5-903(1), enacted in 2006, is part of a statutory scheme dedicated to preventing identity theft, See §§ 18-5-901 to -905, C.R.S.2012. Colorado's identity *375 theft statutes are intended to prevent the unauthorized use of a person's financial or personal…”
The People of the State of Colorado v. Jesus Rodriguez-Morelos., 2025 CO 2 (Colo. 2025).
“Neither the language in the definition of "financial identifying information," see § 18-5-901 (7) , nor the language in the definition of "financial device," see § 18-5-901 (6) , tether this type of information only to human beings -or generally to the identity of the…”
People v. Jesus Rodriguez-Morelos (Colo. Ct. App. 2022).
“” § 18-5-901(11). ¶ 13 Defendant contends that the evidence in the record is not sufficient to support the identity theft conviction because (1) his use of the nonprofit’s name and tax-exempt document did not constitute the use of personal identifying information as defined by…”
— Colo. Rev. Stat. § 18-5-901(8)(a) — 1 case
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. Each statute requires proof of use of a "financial device" or a "financial transaction device," both of which include debit cards.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.