People v. Hudson.

2025 CO 52. No. 23SC942. Criminal Possession of a Financial Device—Statutory Construction.

September 8, 2025

The supreme court granted certiorari to decide whether the division below erred in holding that, to prove criminal possession of a financial device, the prosecution must separately prove that a statutorily enumerated financial device (here, a debit card) was capable of use at the time of possession.

The court concluded, contrary to the division majority’s determination, that CRS § 18-5-901(6)(a)’s inclusion of debit cards in the definition of a financial device, without qualification, demonstrates, without more, that a debit card is a financial device for purposes of § 18-5-901(6). Accordingly, CRS §§ 18-5-903(1) and -901(6) do not require the prosecution to prove that a financial device was capable of use at the time of possession to support a conviction for criminal possession of a financial device.

The court therefore reversed the judgment of the division below.