Colorado Revised Statute 18-5-105 CRS – Criminal Possession of a Forged Instrument

Colorado Revised Statute 18-5-105 CRS defines the offense of “criminal possession of a forged instrument.” It is having ownership or control over a fake or altered document or other instrument, and the possessor knows it is a forgery and intends to use it for fraudulent purposes.

A class 6 felony, criminal possession of a forged instrument carries 1 year to 18 months in prison and/or fines from $1,000 to $100,000.

The full text of the statute reads as follows:

CRS 18-5-105. A person commits a class 6 felony when, with knowledge that it is forged and with intent to use to defraud, such person possesses any forged instrument of a kind described in section 18-5-102.

Legal Analysis

Colorado Revised Statute 18-5-105 makes it a class 6 felony to:

• possess a forged document or other instrument, and
• know that a document or other instrument is forged, and
• have the intent to defraud another person or company with the forgery.

It does not matter if no one ends up getting defrauded from the forged document. Merely the act of possessing the forgery with the intent of using it to defraud violates CRS 18-5-105.

Criminal possession of a forged instrument is a class 6 felony and carries a punishment of:

• 1 year to 18 months in Colorado State Prison, and/or
• $1 thousand to $1 million.

Common defenses to charges of “criminal possession of a forged instrument” are that:

1. The document was notforged;
2. The defendant did not know the document was forged; and/or
3. The defendant had no intent to use the forged instrument to defraud anyone or any entity. 1

CRS 18-5-105 makes it a class 6 misdemeanor to knowingly possess a forged instrument with intent to defraud.

Legal References

1. Colorado Revised Statute 18-5-105 CRS – Criminal possession of a forged instrument. See: People v. Colosacco, (1972) 177 Colo. 219, 493 P.2d 650; People v. Miralda, (Colo. App. 1999) 981 P.2d 676.
   

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