(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.
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.
