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What is Forgery?
According to Wikipedia, forgery is a white-collar crime involving the creation or alteration of a legal document with the intent to deceive and defraud [1]. While tampering with a legal instrument might be illegal, it only constitutes forgery if used to commit fraud.
Unlike counterfeit money, which is specifically referred to as counterfeiting, forged consumer goods are considered counterfeits if they misrepresent their origin or brand. Forgery is not related to metalworking but shares linguistic roots with the Anglo-French verb “forger,” meaning “to falsify.”
A forgery is essentially concerned with a produced or altered object. Where the prime concern of a forgery is less focused on the object itself – what it is worth or what it “proves” – than on a tacit statement of criticism that is revealed by the reactions the object provokes in others, then the larger process is a hoax. In a hoax, a rumor or a genuine object planted in a concocted situation, may substitute for a forged physical object
What is a Statute of Limitations?
According to Investopedia, a statute of limitations is a legal provision that sets the maximum period within which legal action must be initiated after an alleged offense [2]. This timeframe varies based on the type of offense and the jurisdiction involved.
For severe crimes like murder or war crimes, there may be no statute of limitations, while civil matters, such as consumer debt, become unenforceable once the statute of limitations expires.
For instance, in Texas, medical malpractice claims must be filed within two years of the incident, but healthcare liability claims have a 10-year limit from the date of the alleged act or omission.
A statute of limitations is sometimes controversial due to cases where legal action cannot be brought against an offender because the maximum length of time has elapsed. However, proponents of a statute of limitations argue that, for practical reasons, it is most equitable to limit the initiation of legal proceedings to a reasonable period after the event
Colorado Forgery Statute of Limitations Laws
According to SCLG, in Colorado, forgery charges can be filed at any time, as there is no statute of limitations for this offense [3].
According to C.R.S. 16-5-401, “any forgery regardless of the penalty provided: No limit.” However, this provision may be interpreted as applying specifically to felony forgery cases.
The subsequent statute indicates that for “other felonies,” the limitation is three years, and for misdemeanors, it is eighteen months. This suggests that while felony forgery may be prosecuted at any time, misdemeanor forgery charges may be barred after eighteen months.
Penalties for Forgery in Colorado
In Colorado, forgery laws encompass a range of offenses with specific penalties. Understanding the charges and potential defenses is crucial if you’re facing such allegations.
Key Statutes:
- Colorado Revised Statutes §18-5-102 (First Degree Forgery)
- Colorado Revised Statutes §18-5-104 (Second Degree Forgery)
Penalties:
- First Degree Forgery: Classified as a Class 5 felony, punishable by 1 to 3 years in prison and fines ranging from $1,000 to $100,000.
- Second Degree Forgery: A Class 1 misdemeanor, carrying a penalty of 6 to 18 months in jail, fines between $500 and $5,000, or both.
First Degree Forgery Document Types Include:
- Government-issued money, stamps, or securities
- Stocks and bonds
- Legal documents such as deeds, wills, and contracts
- Public records
- Tokens, transfers, or tickets substituting for money
- Lottery tickets
- Identification documents
Note: Presenting a forged document to a law enforcement officer creates a presumption of intent to defraud.
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References:
1. https://en.wikipedia.org/wiki/Forgery
2. https://www.investopedia.com/terms/s/statute-of-limitations.asp
3. https://www.shouselaw.com/co/blog/forgery/what-is-the-statute-of-limitations-for-forgery-in-colorado/
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