In Colorado, the statute of limitations (or time limit) for prosecutors to file theft charges is three years for felony theft ($2,000 or more), 18 months for misdemeanor theft ($300 to less than $2,000), and six months for petty theft (less than $300).
Also, the statute of limitations begins running only after the theft is discovered, which may be long after when it actually occurred.
Common Colorado theft offenses include shoplifting, receipt of stolen property, and embezzlement.
|
Colorado theft crime |
Criminal statute of limitations |
| Petty theft (less than $300) | 6 months after the theft is discovered |
| Misdemeanor theft ($300 to less than $2,000) | 18 months after the theft is discovered |
| Felony theft / “grand theft” ($2,000 or more) | 3 years after the theft is discovered1 |
What is a statute of limitations in criminal cases?
A statute of limitations is the time limit that prosecutors have to press charges. If the time limit passes without charges being filed, then you cannot be prosecuted for the crime – even if you were guilty.
The purpose of statutes of limitations is to motivate prosecutors to act quickly. The more time goes by, the more evidence disappears and memories fade. This decreases the likelihood of prosecutors being able to build a strong case against you.
Certain Colorado crimes have no statute of limitations, such as murder and sex crimes against a child. This means you can face charges no matter how much time has passed since the alleged criminal act.2
What is the discovery rule?
Under the discovery rule, the statute of limitations for theft crimes does not begin running when the crime takes place. Instead, the statute of limitations pauses (“tolls“) until the theft is discovered.3
Example: On January 1, 2023, Fred steals his co-worker Jerry’s iPad – worth $1,000 – from his desk drawer. Jerry does not realize the spare ear pods are missing until one month later on February 1, 2023. Prosecutors now have 18 months from February 1, 2023 – the date the theft was discovered – to file charges against Fred.
The statute of limitations in the above example is 18 months because the ear pods fall in the misdemeanor theft range of $300 to less than $2,000. Plus the statute of limitations for misdemeanor theft crimes is 18 months after discovery.
The statute of limitations for Colorado theft crimes begins running when the theft is discovered.
What are the penalties for theft?
The punishment for most Colorado theft crimes depends on the amount stolen.
|
Value of stolen merchandise |
Colorado theft penalties (plus restitution) |
| Less than $300 | Petty offense:
|
| $300 to less than $1,000 | Class 2 misdemeanor:
|
| $1,000 to less than $2,000 | Class 1 misdemeanor:
|
| $2,000 to less than $5,000 | Class 6 felony:
|
| $5,000 to less than $20,000 | Class 5 felony:
|
| $20,000 to less than $100,000 | Class 4 felony:
|
| $100,000 to less than $1,000,000 | Class 3 felony:
|
| $1,000,000 or more | Class 2 felony:
|
Legal References
- CRS 16-5-401; CRS 18-4-401; CRS 18-4-403 (embezzlement by theft); CRS 18-4-406 (shoplifting by concealment); CRS 18-4-404 (receipt of stolen property).
- CRS 16-5-401.
- See People v. McKinney, (Colo. 2004) 99 P.3d 1038; see also People v. Sims, (2019) COA 66, 457 P.3d 719. Prior to March 1, 2022, theft of less than $50 was a class 1 petty offense carrying up to 6 months in jail and/or up to $500 in fines; theft of $50 to less than $300 was a class 3 misdemeanor, carrying up to 6 months in jail and/or $50 to $750 in fines; theft of $300 to less than $750 was a class 2 misdemeanor, carrying 3 to 12 months in jail and/or $250 to $1,000 in fines; and theft of $750 to less than $2,000 was a class 1 misdemeanor, carrying 6 to 18 months in jail and/or $500 to $5,000 in fines. SB21-271.
- CRS 18-4-401.
