1972, May, Pg. 45. Article V: Colorado Criminal Code.

• Author: by Carroll E. Multz

1 Colo.Law. 45

Colorado Lawyer

1972.

1972, May, Pg. 45.

Article V: Colorado Criminal Code

45Vol. 1, No. 7, Pg. 45

Article V: Colorado Criminal Codeby Carroll E. MultzCarroll E. Multz, Colorado Springs, is Chief Trial Deputy for the Fourth Judicial District.He was one of the drafters of the new Colorado Criminal Code and is the author of numerous publications, including The Colorado Criminal Law Handbook, Criminal Law for Police, and Civil Law for Police. His article, the fifth in a series, examines Article V of the Code.Modern business practices have precipitated the changes brought about by enactment of Article V of the new Colorado Criminal Code. Entitled "Offenses Involving Fraud," Article V is designed to meet modern needs for defining acts and omissions, arising out of commercial and noncommercial transactions, which are considered criminal by present standards. It is divided into five general areas: (1) forgery, simulation and impersonation; (2) fraud in obtaining property or services; (3) fraudulent and deceptive sales and business practices; (4) bribery and rigging of contests; and (5) offenses relating to the Uniform Commercial Code.

Forgery, Simulation and ImpersonationThe new forgery provisions represent a significant expansion of the present law. The definition of "instrument" has been expanded to include not only legal and commercial instruments but also private non-commercial instruments. Further, the subject of a forgery has been expanded to include any "symbol of value" such as a credit card. Three degrees of forgery are defined as compared to one presently. They are classified according to the type of instrument involved.

First Degree Forgery. A person commits first degree forgery if (1) with intent to defraud (2) he falsely makes, completes, alters, or utters (3) a written instrument which is or purports to be (a) money, stamps, securities or other valuable instruments issued by a governmental agency, or (b) stock, bonds or other instruments representing an interest in or claims against a corporation or other organization. First degree forgery is a class 4 felony.

Second Degree Forgery. A person commits second degree forgery if (1) with intent to defraud (2) he falsely makes, completes, alters, or utters (3) a written instrument which is or purports to be (a) a deed, will, codicil, contract, assignment, commercial instrument, promissory note, check or other instrument affecting a legal right, interest, obligation, or status, (b) a public record or instrument filed or required to be filed with any public office, (c) an instrument officially issued by any governmental agency, or (d) tokens, transfers, certificates, or other articles designed for use in transportation fees upon public

46conveyances or as "symbols of value usable in place of money" for the purchase of property or services. Second degree forgery is a class 4 felony.Third Degree Forgery. A person commits third degree forgery if (1) with intent to defraud (2) he falsely makes, completes, alters, or utters (3) any other type of written instrument. Third degree forgery is a class 1 misdemeanor.

Possession of Forged Instruments. Possession of forged instruments is an offense under the Code if the person has both the knowledge that the instrument is forged and the intent to use the same to defraud. Criminal possession extends to all instruments and is not limited merely to forged notes, bonds, and blank bills as under the present law. It is a class 5 felony to criminally possess a first degree forged instrument. It is a class 1 misdemeanor to criminally possess a second degree forged instrument, and a class 2 misdemeanor to criminally possess a third degree forged instrument. The Code makes it clear, however, that a person may not be convicted of both forgery and criminal possession of a forged instrument with respect to the same written instrument.

Criminal Possession of Forgery Devices. Although similar to the present law, the new provision extends the prohibition to all counterfeiting devices and not merely to those used in the counterfeiting of coin, currency and bonds. It provides that a person commits criminal possession of forgery devices if (1) he makes or possesses (2) with knowledge of its character (3) any plate, die or other device (4) designed for use in counterfeiting, unlawfully simulating, or otherwise forging written instruments. It is also a crime under the Code to illegally possess a genuine plate, die or other device used in the production of written instruments, with intent to fraudulently use the same. Criminal possession of forgery devices is a class 5 felony.

Criminal Simulation. The new section is designed to prohibit forgery where the subject of the forgery is not a writing but an object. It has no counterpart in existing law. A person commits criminal simulation if (1) with intent to defraud (2) he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source of authorship, ingredient, or composition which it does not in fact have, or (3) he utters, misrepresents or possess the same with knowledge of its true character and with intent to defraud. Criminal simulation is a class 1 misdemeanor.

Unlawfully Using Slugs. The new section provides, with slight modification, an offense similar to the existing prohibition against the use of any false coin, token or slug for the purpose of obtaining property or services...