The Colorado House of Representatives is considering changes to the identity theft statute, in reaction to a case decided by the Supreme Court in 2010 (Flores-Figueroa v. United States).
The changes proposed would add falsely claiming the personal identifying information of another person with intent to obtain or maintain employment to the list of actions considered to be identity theft. Furthermore, to commit identity theft it would not be necessary that the person be aware that the personal identifying
The bill clarifies certain statutory language describing the offense of identity theft. Falsely claiming the personal identifying information of another person with intent to obtain or maintain employment is added to the list of actions considered as identity theft. To commit identity theft, it is not necessary that a person be aware that the personal identifying information involved in the commission of the offense actually belongs to another person. The Flores-Figueroa case held that the government could not establish aggravated identity theft without also establishing the defendant had such knowledge.
The bill further amends certain language describing the elements of the offense of criminal impersonation to require the assumption of a false or fictitious identity or legal capacity under some circumstances and the assumption of a false or fictitious identity or capacity, legal or otherwise, in other circumstances. Using false or fictitious personal identifying information shall constitute the assumption of a false or fictitious identity or capacity for the purposes of charging a person with criminal impersonation.