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014. COLORADO CRIMINAL CODE – OFFENSES AGAINST PROPERTY – ALL THEFT CRIMES IN COLORADO

The Crimes of Theft in Colorado

The Basic Charge of Theft in Colorado

A person commits theft if he or she knowingly obtains or exercises control over anything of value belonging to another without authorization, or by threat or deception, and: a) intends to deprive the other person permanently of the use or benefit of the thing of value; b) knowingly uses, conceals, or abandons the thing of value in such a manner as to deprive the owner permanently of its use or  enefit; c) uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the owner permanently of its use or benefit; or d) demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to  he owner.

It is also theft to: 18-4-401 (1)

• violate the trust fund provisions of law regarding preneed funeral contracts or any other misappropriation of funds; 10-15-118 (1)

• willfully convert to his or her own use or benefit the farm products of another; 12-16-115 (1) (f)

• if licensed as a dealer or small-volume dealer, sell farm products for less than the current market  price to any person with whom such dealer has any financial connection or to sell farm products out of  he purchase price of which the dealer receives any portion thereof other than the lawfully allowed commission; 12-16-115 (1) (j)

• willfully convert to his or her own use or benefit the commodities of another; 12-16-221 (1) (f)

• knowingly obtain any telecommunications service by charging such service to or causing such service to be charged to a stolen or fraudulent telephone number, access device, or credit card number, or by any method of code calling, or by installing, rearranging, or tampering with any equipment, physically or electronically, or by the use of any other fraudulent means, method, trick, device, or scheme; 18-9-309 (3) (a)

• obtain telecommunications services with fraudulent intent through the use of a false name, telephone number, address, or credit card number or through the unauthorized use of the name, telephone number, address, or credit card information of another; 18-9-309 (3) (b)

• file a fraudulent or false claim for a refund from the Colorado Beef Council Authority, or by any false pretense obtain or obtain a refund not legally due the actor, or sign a refund claim in the name of and for another person; 35-57-119 (4)

• file a fraudulent or false claim for a refund from the Colorado Sheep and Wool Authority, or by any false pretense obtain or obtain a refund not legally due the actor, or sign a refund claim in the name of and for another person; 35-57.5-119 (5)

• file a fraudulent or false claim for a refund from the Colorado Horse Development Authority, or by any false pretense obtain or obtain a refund not legally due the actor, or sign a refund claim in the name of and for another person; 35-57.8-111 (4)

• violate the trust funds provisions of law regarding lien claims to property by subcontractors, laborers, or material providers; 38-22-127 (5)

• violate the trust funds provisions of law regarding verified claims to property by subcontractors,  aborers, or material providers; or 38-26-109 (4)

• misappropriate funds held in escrow or a trustee account. 38-40-101 (4)

Theft is a class 2 misdemeanor when the value of the thing involved is less than $500. 18-4-401 (2) (b)

Theft is a class 1 misdemeanor when the value of the thing involved is $500 or more but less than  1,000. 18-4-401 (2) (b.5)

Theft is a class 5 felony, without regard to the value of the thing taken, if the thing involved was taken from another person by means other than the use of force, threat, or intimidation.  18-4-401 (5)

Theft is a class 4 felony if a person knowingly exercises control over anything which is valued at $1,000 or more, but less than $20,000, without authorization or by threat or deception. 18-4-401 (2) (c)

Theft is a class 4 felony if it is committed on two or more occasions within six months, the person is not placed in jeopardy for the prior offense, and the aggregate value of the things involved is between  1,000 and $20,000. 18-4-401 (4)

Theft is a class 3 felony if the value of the thing involved is $20,000 or more. 18-4-401 (2) (d)

Theft is a class 3 felony if a person has committed theft more than once within a six-month period without being charged for the earlier offense and the aggregate value of the things involved is $20,000 or more. 18-4-401 (4)

The Crime of Theft of rental property in Colorado

A person commits theft of rental property if he or she: a) obtains the temporary use of the personal  roperty of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the owner; or b) having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner within 72 hours after the time he or she has agreed to return it. 18-4-402 (1)

Theft of rental property is a class 2 misdemeanor when the value of the thing involved is less than  $500. 18-4-402 (3)

Theft of rental property is a class 1 misdemeanor when the value of the thing involved is $500 or more but less than $1,000. 18-4-402 (3.5)

Theft of rental property when the value of the thing involved is $1,000 or more, but less than $20,000, is a class 5 felony. 18-4-402 (4)

Theft of rental property twice or more within a period of six months without having been placed in jeopardy for prior offenses and the aggregate value of the property is $500 or more, but less than $20,000, is a class 5 felony. 18-4-402 (6)

Theft of rental property is a class 3 felony where the value of the property involved is $20,000 or  more. 18-4-402 (5)

Theft of rental property twice or more within a period of six months without having been placed in  jeopardy for prior offenses and when the aggregate value of the property is $20,000 or more is a class 3 felony. 18-4-402 (6)  

The Crime of Theft of trade secrets in Colorado

Any person who steals or discloses to an unauthorized person a trade secret or makes or causes to be made a copy of an article representing a trade secret with intent to deprive or withhold the control of the trade secret or to appropriate the trade secret to his or her own or to another’s use commits theft of a trade secret, which is a class 1 misdemeanor. 18-4-408 (3) (a)

A second or subsequent offense of theft of trade secrets committed within five years of a prior conviction is a class 5 felony. 18-4-408 (3) (a)

The Crime of Aggravated motor vehicle theft in Colorado

A person commits aggravated motor vehicle theft in the second degree if he or she obtains or exercises control over the motor vehicle of another without authorization or by threat or deception. 18-4-409 (4)

Aggravated motor vehicle theft in the second degree is a class 1 misdemeanor when the value of the motor vehicle or vehicles involved is less than $1,000. 18-4-409 (4) (c)

Aggravated motor vehicle theft in the second degree is a class 6 felony if the value of the motor vehicle or vehicles involved is at least $1,000, but less than $20,000. 18-4-409 (4) (b)

Aggravated motor vehicle theft in the second degree is a class 5 felony if the value of the motor vehicle or vehicles involved is more than $20,000. 18-4-409 (4) (a)

A person commits aggravated motor vehicle theft in the first degree if he or she obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:

a) retains possession or control of the motor vehicle for more than 24 hours;

b) alters or disguises  including attempts) the appearance of the motor vehicle;

c) removes or alters (including attempts) the vehicle identification number;

d) uses the motorvehicle in the commission of a crime other than a traffic offense;

e) causes at least $500 in property damage while in control of the vehicle;

f) causes bodily injury to another person while he or she is in control of the vehicle;

g) removes the vehicle from the state for a period of time in excess of 12 hours; or

h) unlawfully attaches or otherwise displays license plates other than those officially issued for the motor vehicle. 18-4-409 (2)

Aggravated motor vehicle theft in the first degree is a class 4 felony when the value of the motor vehicle or motor vehicles involved is $20,000 or less. 18-4-409 (3) (a)

Aggravated motor vehicle theft in the first degree is a class 3 felony when the value of the motor vehicle or motor vehicles involved is more than $20,000 or the individual has two or more convictions for offenses related to the theft of a motor vehicle. 18-4-409 (3) (b)

The Crime of Theft by receiving in Colorado

A person commits theft by receiving when he or she receives, retains, loans money by pawn or pledge on, or disposes of another’s property, knowing that said property has been stolen, with the intent to deprive the owner permanently of the property. 18-4-410 (1)

Theft by receiving is a class 2 misdemeanor when the value of the propertyinvolved is less than $500. 18-4-410 (3)

Theft by receiving is a class 1 misdemeanor when the value of the property involved is $500 or more but less than $1,000. 18-4-410 (3.5)

When the value of the property involved is at least $1,000, but less than $20,000, theft by receiving is a class 4 felony.18-4-410 (4)

When a person commits theft by receiving twice or more within a six-month period and the aggregate value of the things involved is at least $1,000, but less than $20,000, it is a class 4 felony.18-4-410 (7)

When the value of the property involved is at least $20,000, theft byreceiving is a class 3 felony.18-4-410 (5)

When the value of the property involved is $1,000 or more and the person is engaged in the business of buying and selling of stolen goods for profit, theft by receiving is a class 3 felony. 18-4-410 (6)

When a person commits theft by receiving twice or more within a six-monthperiod and the aggregate value of the things involved is at least $20,000, he or she commits a class 3 felony.18-4-410 (7)

The Crime of Theft of medical records or medical information in Colorado

Any person who obtains medical records or medical information without authorization and who uses the records or information for his or her own use or the use of another commits theft of medical  ecords or medical information, which is a class 6 felony.18-4-412 (3)

The Crime of Theft detection shielding device in Colorado

Knowingly deactivating or removing any component of a theft detection device in a store prior to purchase or manufacturing, distributing, or possessing a theft detection deactivating device with the knowledge that some person intends to use the device to commit an offense involving theft is a class 1 misdemeanor. 18-4-417 (3)

Fuel piracy. A person who knowingly leaves the premises of an establishment that sells fuel after failing to pay for the fuel dispensed commits fuel piracy. 18-4-418 (1)

Fuel piracy is a class 3 misdemeanor when the value of the fuel is less than $100. 18-4-418 (2) (a)

Fuel piracy is a class 2 misdemeanor when the value of the fuel is $100 or more but less than $500. 18-4-418 (2) (b)

 


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
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Colorado Criminal Law For Over 30 Years.
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