Statute for 18 – 5 – 904 – Gathering Identity Information By Deception
Here is the charge you are facing:
18-5-904. Gathering identity information by deception
(1) A person commits gathering identity information by deception if he or she knowingly makes or conveys a materially false statement, without permission or lawful authority, with the intent to obtain, record, or access the personal identifying information or financial identifying information of another.
(2) Gathering identity information by deception is a class 5 felony.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Criminal Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Gathering Identity Information By Deception
The charge of Gathering Identity Information By Deception, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a Denver Colorado Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver Colorado Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Gathering Identity Information By Deception below. These will be adapted by your Denver Colorado Attorney for your case.
The elements of the crime of gathering identity information by deception are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. without permission or lawful authority, 4. knowingly [made] [conveyed] a materially false statement, 5. [over a computer] [over a computer network] [over the telephone] [by any electronic medium], 6. with the intent to obtain, record or access [the personal identifying information] [financial identifying information] of another, 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 gathering identity information by deception. 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 gathering identity information by deception. NOTES ON USE This instruction applies to crimes committed on or after July 1,, 2006. Delete inapplicable bracketed material. When this instruction is given the mental states of ?knowingly? and ?with intent? should be given where applicable. The following definitions are applicable to this instruction: ?Financial identifying information? means any of the following that can be used, alone or in conjunction with any other information, to obtain cash, credit, property, services, or any other thing of value or to make a financial payment: (a)a personal identification number, credit card number, banking card number, checking account number, debit card number, electronic fund transfer card number, guaranteed check card number, or routing number; OR (b) a number representing a financial account or a number affecting the financial interest, standing, or obligation of or to the account holder. ?Personal identifying information? means information that may be used, alone or in conjunction with any other information, to identify a specific individual, including but not limited to a name; a date of birth, a social security number; a password; a pass code; an official, government-issued driver?s license or identification card number; a government passport number; biometric data; or an employer, student, or military identification number.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Gathering Identity Information By Deception.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.