Including Fraud by Check and Criminal Impersonation

FRAUD AND FORGERY

(Including Fraud by Check and Criminal Impersonation)

FORGERY

The elements of the crime of forgery are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. with intent to defraud,

4. falsely [made] [completed] [altered] [uttered] a written instrument,

5. which was or purported to be, or which was calculated to become or to represent if completed,

6. [part of an issue of money, stamps, securities, or other valuable instruments issued by a government or government agency] [part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporation or other organization or its property] [a deed, will, codicil, contract, assignment, commercial instrument, promissory note, check, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation, or status] [a public record or an instrument filed or required by law to be filed or legally fileable in or with a public office or public servant] [a written instrument officially issued or created by a public office, public servant, or government agency] [part of an issue of tokens, transfers, certificates or other articles manufactured and designed for use in transportation fees upon public conveyances, or as symbols of value useable in place of money for the purchase of property or services available to the public for compensation] [part of an issue of lottery tickets or shares designed for use in the lottery] [a document-making implement that may be used or is used in the production of a false identification document or in the production of another document-making implement to produce false identification documents].

[7. without the affirmative defense in Instruction _____ .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of forgery.

After considering all the evidence, if you decide the prosecution has failed to prove any one or more the elements beyond a reasonable doubt, you should find the defendant not guilty of forgery.

SOURCE & AUTHORITY

§18-5-102, C.R.S.

NOTES ON USE

Applicable definitions of “complete written instrument”, “document-making implement”, “falsely alter”, “falsely complete”, “falsely make”, “forged instrument”, “government”, “identification document”, “incomplete written instrument”, “produce”, “utter”, and “written instrument” are to be given with this instruction.

CRIMINAL POSSESSION OF A

FORGED INSTRUMENT

The elements of the crime of criminal possession of a forged instrument are:

That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. possessed any forged written instrument, a ______.

(insert the name of a written instrument described in §18-5-102 C.R.S.)

4.with knowledge that it was forged, and

5.with intent to use it to defraud.

[6. without the affirmative defense in instruction number _____ .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of criminal possession of a forged instrument.

After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of criminal possession of a forged instrument.

NOTES ON USE

When this instruction is used, the applicable definition of "forged instrument” must be given.

SOURCE & AUTHORITY

§18-5-105, C.R.S.

CRIMINAL POSSESSION OF A FORGERY DEVICE

(KNOWLEDGE)

The elements of the crime of criminal possession of a forgery device are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.[made] [possessed] any plate, die, or other device, apparatus, equipment, or article,

4.specifically designed for use in counterfeiting, unlawfully simulating, or otherwise forging written instruments or counterfeit marks,

5.with knowledge of its character.

[6. without the affirmative defense in instruction number _____ .]

SOURCE & AUTHORITY

§ 18-5-109(1)(a), C.R.S.

CRIMINAL POSSESSION OF A FORGERY DEVICE

(INTENT)

The elements of the crime of criminal possession of a forgery device are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.[made] [possessed] any device, apparatus, equipment or article capable of or adaptable for use in counterfeiting, unlawfully simulating or otherwise forging written instruments,

4.with intent to [use it himself] [aid or permit another person to use it] for purposes of forgery.

[5. without the affirmative defense in instruction number _____ .]

SOURCE & AUTHORITY

§18-5-109(1) (b), C.R.S.

CRIMINAL POSSESSION OF A FORGERY DEVICE

(GENUINE DEVICE)

The elements of the crime of criminal possession of a forgery device are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.illegally possessed a genuine plate, die, or other device used in the production of written instruments,

4.with intent to fraudulently use it.

[5. without the affirmative defense in instruction number _____ .]

SOURCE & AUTHORITY

§18-5-109(1) (c), C.R.S.

CRIMINAL POSSESSION OF A FORGERY DEVICE

(DOCUMENT-MAKING IMPLEMENT)

The elements of the crime of criminal possession of a forgery device are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.unlawfully [made] [produced] [possessed] [uttered] a document-making implement

4.knowing that such document-making implement may be used or was used in the production of [a false identification document] [a counterfeit mark] [an implement for the production of false identification documents or counterfeit marks]

[5. without the affirmative defense in instruction number _____ .]

NOTES ON USE

When this instruction is used, the applicable definition of "document-making implement” must be given.

SOURCE & AUTHORITY

§18-5-109(1) (d), C.R.S.

CRIMINAL IMPERSONATION

The elements of the crime of criminal impersonation are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.knowingly assumed a false or fictitious [identity] [capacity], and

4.in such [identity] [capacity],

[5. [married] [pretended to marry] [sustained the marriage relation toward] another, without the connivance of the other.]

-or-

[5. became bail or surety for a party to a [civil] [criminal] action or proceeding, before a court or officer authorized to take the bail or surety.]

-or-

[5. confessed a judgment with intent that the judgment be delivered as true.]

-or-

[5. [subscribed] [verified] [published] [acknowledged] [proved] a written instrument which by law may be recorded, with intent that the instrument be delivered as true.]

-or-

[5. did any act which, if done by the person falsely impersonated would subject such person to a [[civil] [criminal] action or special proceeding] [liability] [charge] [forfeiture] [penalty].]

-or-

[5. did any act with intent to [unlawfully gain a benefit for himself or another] [[injure] [defraud] another].]

[6. without the affirmative defense in instruction number .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of criminal impersonation.

NOTES ON USE

Delete inapplicable bracketed material.

SOURCE & AUTHORITY

§18-5-113, C.R.S.

OFFERING A FALSE INSTRUMENT FOR RECORDING

(FIRST DEGREE)

The elements of the crime of offering a false instrument for recording in the first degree are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3. with the intent to defraud,

4. presented or offered to a public [officer] [employee],

5. a written instrument [relating to or affecting real or personal property] [directly affecting contractual relationships],

6. with knowledge that the instrument contained [a] material false [statement] [information], and

7. with knowledge or belief that the instrument would be registered, filed, or recorded or become a part of the records of that public [office] [employee].

[8. without the affirmative defense in instruction number ______.]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of offering a false instrument for recording in the first degree.

After considering all the evidence, if you decide the prose prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of inducing consumption of offering a false instrument for recording in the first degree.

SOURCE & AUTHORITY

§18-5-114(1),(2), C.R.S.

OFFERING A FALSE INSTRUMENT FOR RECORDING

(SECOND DEGREE)

The elements of the crime of offering a false instrument for recording in the second degree are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3. presented or offered to a public [officer] [employee],

4. a written instrument [relating to or affecting real or personal property] [directly affecting contractual relationships],

5. with knowledge that the instrument contained [a] material false [statement] [information], and

6. with knowledge or belief that the instrument would be registered, filed, or recorded or become a part of the records of that public [office] [employee].

[7. without the affirmative defense in instruction number ______.]

SOURCE & AUTHORITY

§18-5-114(3),(4), C.R.S.

INDUCING CONSUMPTION OF CONTROLLED

SUBSTANCES BY FRAUDULENT MEANS

The elements of the crime of inducing consumption of controlled substances by fraudulent means are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.[surreptitiously] [[by means of [fraud] [misrepresentation] [suppression of truth] [deception] [subterfuge]]

4.caused another person to unknowingly [consume] [receive the direct administration of] ______, a controlled substance.

(insert name of controlled substance)

[5. without the affirmative defense in instruction number _____ .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of inducing consumption of controlled substances by fraudulent means.

NOTES ON USE

When this instruction is used, the applicable definition of “controlled substance” based upon §12-22-303(7), C.R.S. should be given.

§18-5-116(1) states “nothing in this section shall diminish the scope of health care authorized by law.”

SOURCE & AUTHORITY

§18-5-116, C.R.S.

FRAUD BY CHECK

(INSUFFICIENT FUNDS)

The elements of the crime of fraud by check are:

1.That the defendant,

2.In the State of Colorado, at or about the date and place charged,

3.with intent to defraud, and

4.knowing he had insufficient funds with the drawee

issued a check for payment of services, wages, salary, commissions, labor,

rent, money, property, or other things of value, and

6.[the check involved was for the amount of [less than one hundred dollars] [one hundred dollars or more, but less than five hundred dollars] [five hundred dollars or more] [the offense involved two or more checks issued within a sixty day period in the State of Colorado having an aggregate amount of [one hundred dollars or more, but less than five hundred dollars] [five hundred dollars or more]]

[7. without the affirmative defense in instruction number ______.]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of fraud by check.

NOTES ON USE

Delete inapplicable bracketed material.

When this instruction is used, the applicable definitions of “check,” “drawee,” "insufficient funds,” and “issue” must be given. A special verdict form may be needed with this instruction.

See special rule on permissible inferences.

SOURCE & AUTHORITY

§18-5-205, C.R.S.

FRAUD BY CHECK

(CLOSED ACCOUNT)

The elements of the crime of fraud by check are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. with intent to defraud,

4. issued a check for payment of services, wages, salary, commissions, labor, rent, money, property, or other things of value, and

5. the check was drawn on an account which did not exist or which had been closed for a period of thirty days or more prior to the issuance of the check.

[6. without the affirmative defense in instruction number _____ .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of fraud by check.

NOTES ON USE

When this instruction is used, the applicable definitions of “check,” “drawee,” and “issue” must be given.

See Special Rule on Permissible Inferences.

SOURCE & AUTHORITY

§18-5-205(3)(d), C.R.S.

DEFRAUDING A SECURED CREDITOR

The elements of the crime of defrauding a secured creditor are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. [sold] [assigned] [transferred] [conveyed] [pledged] [encumbered] [concealed] [destroyed] [disposed of] any collateral subject to a security interest,

4. with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, and

5.the value of the collateral involved was [less than one hundred dollars] [one hundred dollars or more, but less than five hundred dollars] [five hundred dollars or more, but less than fifteen thousand dollars] [fifteen thousand dollars or more].

[6. without the affirmative defense in instruction number _____ .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of defrauding a secured creditor.

NOTES ON USE

Delete inapplicable bracketed material.

Use of a special verdict form will be necessary when more than one possible value

(element 5) is used.

When this instruction is given, the applicable definition of “security interest” must be given.

SOURCE & AUTHORITY

§18-5-206(1), C.R.S.

DEFRAUDING A DEBTOR

The elements of the crime of defrauding a debtor are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,

3.as a creditor,

4.[sold] [assigned] [transferred] [conveyed] [pledged] [bought] [encumbered] a promissory note or contract signed by a debtor,

5.with intent to defraud the debtor, and

6. the amount owing on the note or contract was [less than one hundred dollars] [one hundred dollars or more, but less than five hundred dollars] [five hundred dollars or more, but less than fifteen thousand dollars] [fifteen thousand dollars or more].

[7. without the affirmative defense in instruction number _____ .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of defrauding a debtor.

NOTES ON USE

Delete inapplicable bracketed material.

Use of a special verdict form will be necessary when more than one possible value (element 5) is used.

SOURCE & AUTHORITY

§18-5-206(2), C.R.S.

RECEIVING DEPOSITS IN A FAILING FINANCIAL INSTITUTION

The elements of the crime of receiving deposits in a failing financial institution are:

1.That the defendant,

2.in the State of Colorado, at or about the date and place charged,