What IS THEFT?

• Theft is when a person knowingly takes anything of value (steals) from another person, and does so with the intent to permanently keep the thing of value (not give it back).

• Theft can be as low as a Petty Offense or as high as a Class 2 Felony.

• Multiple thefts within a short period of time, or against the same person, can be added all together (aggregated) to count as one larger and more serious theft charge.

• The level of charge, and penalties for Theft are determined by the value of the item(s) taken. Theft can be charged from a low Petty Offense all the way up to a Class 2 Felony.

  • Petty Theft Offenses can include up to 10 days of jail, and a fine of up to $300.

  • Misdemeanor Theft Offenses can include up to 364 days in jail, and a fine of up to $1,000.

  • Felony Theft Offenses can include up to 18 month is prison for a Class 6 Felony all the way up to 24 years in prison for a Class 2 Felony, and very serious fines of up to $100,000 -$1,000,000 respectively.

C.R.S. 18-4-401 - THEFT

(1) A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, 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 manner as to deprive the other person permanently of its use or benefit;

(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;

(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person;

(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement; or

(f) Intentionally misrepresents or withholds a material fact for determining eligibility for a public benefit and does so for the purpose of obtaining or retaining public benefits for which the person is not eligible.

(1.5) For the purposes of this section, a thing of value is that of ”another“ if anyone other than the defendant has a possessory or proprietary interest therein.

(2) Theft is:

(b) A petty offense if the value of the thing involved is less than three hundred dollars;

(c) A class 2 misdemeanor if the value of the thing involved is three hundred dollars or more but less than one thousand dollars;

(e) A class 1 misdemeanor if the value of the thing involved is one thousand dollars or more but less than two thousand dollars;

(f) A class 6 felony if the value of the thing involved is two thousand dollars or more but less than five thousand dollars;

(g) A class 5 felony if the value of the thing involved is five thousand dollars or more but less than twenty thousand dollars;

(h) A class 4 felony if the value of the thing involved is twenty thousand dollars or more but less than one hundred thousand dollars;

(i) A class 3 felony if the value of the thing involved is one hundred thousand dollars or more but less than one million dollars; and

(j) A class 2 felony if the value of the thing involved is one million dollars or more.

(4)

(a) When a person commits theft twice or more within a period of six months, two or more of the thefts may be aggregated and charged in a single count, in which event the thefts so aggregated and charged shall constitute a single offense, the penalty for which shall be based on the aggregate value of the things involved, pursuant to subsection (2) of this section.

(b) When a person commits theft twice or more against the same person pursuant to one scheme or course of conduct, the thefts may be aggregated and charged in a single count, in which event they shall constitute a single offense, the penalty for which shall be based on the aggregate value of the things involved, pursuant to subsection (2) of this section.

What does this mean?

• Theft is when a person knowingly takes anything of value (steals) from another person, and does so with the intent to permanently keep the thing of value (not give it back).

• Theft can be as low as a Petty Offense or as high as a Class 2 Felony.

• Multiple thefts within a short period of time, or against the same person, can be added all together (aggregated) to count as one larger and more serious theft charge.