C.R.S. Section 18-4-409
Motor vehicle theft

  • definitions

(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.)(4.5) Repealed.

(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)

Intentionally left blank —Ed.

(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.

(7)

A person whose conduct is limited to the elements of this section is not subject to prosecution pursuant to section 18-4-401.

Source: Section 18-4-409 — Motor vehicle theft - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑4‑101
Definitions 18‑4‑102
First degree arson 18‑4‑103
Second degree arson 18‑4‑104
Third degree arson 18‑4‑105
Fourth degree arson 18‑4‑201
Definitions 18‑4‑202
First degree burglary 18‑4‑203
Second degree burglary 18‑4‑204
Third degree burglary 18‑4‑205
Possession of burglary tools 18‑4‑301
Robbery 18‑4‑302
Aggravated robbery 18‑4‑305
Use of photographs, video tapes, or films of property 18‑4‑401
Theft 18‑4‑403
Statutory intent 18‑4‑404
Obtaining control over any stolen thing of value - conviction 18‑4‑405
Rights in stolen property 18‑4‑406
Concealment of goods 18‑4‑407
Questioning of person suspected of theft without liability 18‑4‑408
Theft of trade secrets - penalty 18‑4‑409
Motor vehicle theft - definitions 18‑4‑409.5
Unauthorized use of a motor vehicle - definition 18‑4‑411
Transactions for profit in stolen goods 18‑4‑412
Theft of medical records or medical information - penalty - definitions 18‑4‑413
Mandatory sentencing for repeated felony theft from a store - store defined 18‑4‑414
Evidence of value 18‑4‑415
Use of photographs, video tapes, or films of property 18‑4‑416
Theft by resale of a lift ticket or coupon 18‑4‑417
Unlawful acts - theft detection devices 18‑4‑420
Chop shop activity - ownership or operation of a chop shop - altered or removed identification number - penalties - definitions 18‑4‑501
Criminal mischief 18‑4‑502
First degree criminal trespass 18‑4‑503
Second degree criminal trespass 18‑4‑504
Third degree criminal trespass 18‑4‑504.5
Definition of premises 18‑4‑505
First degree criminal tampering 18‑4‑506
Second degree criminal tampering 18‑4‑506.3
Tampering with equipment associated with oil or gas gathering operations - penalty 18‑4‑506.5
Tampering with a utility meter - penalty 18‑4‑507
Defacing or destruction of written instruments 18‑4‑508
Defacing, destroying, or removing landmarks, monuments, or accessories 18‑4‑509
Defacing a cave - definitions 18‑4‑510
Defacing posted notice 18‑4‑511
Littering of public or private property - repeal 18‑4‑512
Abandonment of a motor vehicle 18‑4‑513
Criminal use of a noxious substance 18‑4‑514
Use of photographs, video tapes, or films of property 18‑4‑515
Entry to survey property - exception to criminal trespass 18‑4‑516
Criminal operation of a device in motion picture theater 18‑4‑601
Definitions 18‑4‑602
Unlawful transfer for sale 18‑4‑603
Unlawful trafficking in unlawfully transferred articles 18‑4‑604
Dealing in unlawfully packaged recorded articles 18‑4‑604.3
Unlawful recording of a live performance 18‑4‑604.7
Trafficking in unlawfully recorded live performance 18‑4‑605
Applicability 18‑4‑606
Confiscation and disposition of items 18‑4‑607
Restitution 18‑4‑701
Theft of cable service - definitions 18‑4‑702
Civil action - damages 18‑4‑703
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 18-4-409’s source at colorado​.gov