(1) A person commits criminal impersonation if he or she knowingly: (a) Assumes a false or fictitious identity or legal capacity, and in such identity or capacity he or she: (I) Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter; (II) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or (III) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or (b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she: (I) Performs an act that, if done by the person falsely impersonated, subjects such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; (II) Performs an act that, if done by the person falsely impersonated, might subject the person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or (III) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another. (2) (a) Criminal impersonation in violation of subsection (1)(a)(III) or (1)(b)(I) of this section is a class 6 felony. (a.5) Criminal impersonation in violation of subsection (1)(a)(I) or (1)(a)(II) of this section is a class 5 felony. (b) Criminal impersonation in violation of subsection (1)(b)(II) of this section is a class 1 misdemeanor. (c) Criminal impersonation in violation of subsection (1)(b)(III) of this section is a class 2 misdemeanor. (3) For the purposes of subsection (1) of this section, using false or fictitious personal identifying information, as defined in section 18-5-901 (13), shall constitute the assumption of a false or fictitious identity or capacity.
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