What IS Motor Vehicle Theft?

• Motor Vehicle Theft in First Degree: Motor Vehicle Theft is when a person knowingly takes or keeps the motor vehicle of another person, and should have known they were not authorized to do so, or they did so by deceiving the other party.

  • To be charged in the First Degree, one must have two prior convictions for Motor Vehicle Theft.

  • Motor Vehicle Theft in the First Degree is a Class 3 Felony, which carries a penalty of up to 12 years in the Department of Corrections, and a fine of up to $750,000.

• Motor Vehicle Theft in the Second Degree is when a person knowingly takes or keeps the motor vehicle of another person, and should have known they were not authorized to do so, or they did so by deceiving the other party, and:

  • The person kept the motor vehicle for more than 24 hours;

  • The person attempts to alter or disguise the appearance of the motor vehicle;

  • The person alters or removes the license plates or VIN number;

  • The person removes the vehicle from the state it was taken from;

  • The person puts new/fake license plates on the stole vehicle;

  • The person causes at least $1,000 in damage to the vehicle taken;

  • The person causes bodily injury to another person in the act;

  • The person uses the stolen vehicle in the commission of another crime; or

  • At the time of taking the vehicle, the vehicle is displaying a license plate or placard belonging to a disabled person.

  • Motor Vehicle Theft in the Second Degree is a Class 4 Felony which carries a penalty of up to 6 years in the Department of Corrections, and a fine of up to $500,000.

• Motor Vehicle Theft in the Third Degree is when a person knowingly takes or keeps the motor vehicle of another person, and should have known they were not authorized to do so, or they did so by deceiving the other party.

  • Motor Vehicle Theft in the Third Degree is a Class 5 Felony which carries a penalty of up to 3 years in the Department of Corrections, and a fine of up to $100,000.

• There are a lot of reports of courts being lenient/soft on the bond for those who steal cars. In most Colorado Jurisdictions, judges and magistrates are setting bond at or above the scheduled bond amount for the charge due to the reality of Colorado being a state with one of the highest stolen car rates in the entire nation.

C.R.S. 18-4-409 - Motor Vehicle Theft

(1) As used in this section, unless the context otherwise requires:

(a) ”Motor vehicle“ means any self-propelled vehicle that is designed primarily for travel on public highways and that is generally and commonly used to transport persons and property over the public highways.

(b) ”Vehicle identification number“ means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.

(2) A person commits motor vehicle theft in the first degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or reasonably should have known that the act was without authorization or was by threat or deception; and the person has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in this state, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.

(3) A person commits motor vehicle theft in the second degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; and:

(a) The person retains possession or control of the motor vehicle for more than twenty-four hours;

(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;

(c) The person attempts to alter or remove or alters or removes the vehicle identification number;

(d) The person removes the motor vehicle from this state;

(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;

(f) The person or a participant causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;

(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;

(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:

(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or

(II) A first or second degree criminal trespass of the motor vehicle; or

(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.

(4) A person commits motor vehicle theft in the third degree if the person knowingly:

(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or

(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.

(c) (Deleted by amendment, L. 2023.)

(5) Consistent with section 18-1-202, if the theft of a motor vehicle occurs in one jurisdiction and the motor vehicle is recovered in another jurisdiction, the offender may be tried in the jurisdiction where the theft occurred, in any jurisdiction through which the motor vehicle was operated or transported, or in the jurisdiction in which the motor vehicle was recovered.

(6)

(a) Motor vehicle theft in the first degree is a class 3 felony.

(b) Motor vehicle theft in the second degree is a class 4 felony.

(c) Motor vehicle theft in the third degree is a class 5 felony.