Under CRS § 18-4-409, the felony of motor vehicle theft in Colorado is when a person “knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception.”
Formerly called “aggravated motor vehicle theft,” motor vehicle theft is divided into three degrees, as the following table shows.
| Motor Vehicle Theft Crime | Colorado Penalties |
| Third-degree motor vehicle theft: Most 1st-time or 2nd-time offenses | Class 5 felony: 1 to 3 years in prison (with 2 years of mandatory parole) and/or $1,000 to $100,000 |
| Second-degree motor vehicle theft: Stealing a car with an “aggravating factor” (such as removing the VIN or causing $1,000-plus in damage) | Class 4 felony: 2 to 6 years in prison (with 3 years of mandatory parole) and/or $2,000 to $500,000 |
| First-degree motor vehicle theft: Third (or later) auto-theft offenses | Class 3 felony: 4 to 12 years in prison (with 5 years of mandatory parole) and/or $3,000 to $750,000 |
Also, motor vehicle theft carries a one-year Colorado driver’s license revocation.
Below, our Denver criminal defense lawyers will address the following topics regarding motor vehicle theft Colorado:
- 1. Elements of CRS 18-4-409
- 2. First-Degree Motor Vehicle Theft
- 3. Second-Degree Motor Vehicle Theft
- 4. Third-Degree Motor Vehicle Theft
- 5. Defenses
- 6. Record Seals
- 7. Related Crimes
- Frequently Asked Questions
- Additional Reading
1. Elements of CRS 18-4-409
For you to be convicted of motor vehicle theft in Colorado, prosecutors must prove beyond a reasonable doubt both:
- A culpable mental state (called a “mens rea”), which is that you knew the automobile did not belong to you; and
- An unlawful action (called an “actus reus”), which is that you took the automobile without authorization or by threats or deception.
While some states refer to this crime as “grand theft auto”, it is always referred to as “motor vehicle theft” in Colorado.
Note that if the car in question is stolen in one jurisdiction but recovered in another, you may be prosecuted in either:
- the jurisdiction where the theft occurred, or
- any jurisdiction through which the automobile was operated or transported, or
- the jurisdiction in which the automobile was recovered.1
2. First-Degree Motor Vehicle Theft
In Colorado, first-degree motor vehicle theft is stealing a car if you have at least two prior convictions for either:
- motor vehicle theft or
- unauthorized use of a motor vehicle.
It does not matter whether these prior convictions are in Colorado or another state.
First-degree motor vehicle theft is a class 3 felony carrying four to 12 years in Colorado State Prison and/or $3,000 to $750,000 in fines plus a one-year license revocation.2
Car theft in Colorado triggers a one-year driver’s license revocation.
3. Second-Degree Motor Vehicle Theft
In Colorado, second-degree motor vehicle theft is stealing a car for the first or second time, and one of the following “aggravating factors” applies:
- you retain possession or control of the motor vehicle for more than 24 hours;
- you attempt to alter or disguise – or you do alter or disguise – the appearance of the motor vehicle;
- you attempt to alter or remove – or you do alter or remove – the vehicle identification number;
- you remove the motor vehicle from Colorado;
- you unlawfully attach or display a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;
- you cause (or a participant causes) $1,000 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;
- you cause bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;
- you use or attempt to use the motor vehicle in the commission of a crime other than: (i) a traffic offense except eluding a police officer (CRS 42-4-1413); or (ii) a first or second-degree criminal trespass of the motor vehicle; or
- 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.
In short, 2nd-degree motor vehicle theft is a first- or second-time car theft that involves one or more of the above aggravating factors.
Second-degree automobile theft is a class 4 felony carrying two to six years in prison and/or $2,000 to $500,000 plus a one-year license revocation.3
4. Third-Degree Motor Vehicle Theft
In Colorado, third-degree motor vehicle theft is a first- or second-time offense of stealing a car, and there are no aggravating factors.
Third-degree automobile theft is a class 5 felony carrying one to three years in prison and/or $1,000 to $100,000 plus a one-year license revocation.4
Auto vehicle theft is usually a felony in Colorado under CRS 18-4-409.
5. Defenses
Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with vehicular crimes such as motor vehicle theft. In our experience, the following seven defenses have been very effective with prosecutors, judges, and juries at getting CRS 18-4-409 charges reduced or dismissed.
- The vehicle belonged to you.
- Someone else took the vehicle.
- You had permission to drive the vehicle (shown by testimony, emails, etc.).
- You did not know you lacked the owner’s permission to borrow the car (“mistake of fact”).
- The car owner falsely accused you.
- The police entrapped you, and you were not predisposed to car theft. Therefore, you never would have stolen the car but for the police’s pressure.
- The police discovered the car through an unlawful search and seizure.
Note that it is called an “affirmative defense” when you had a good faith belief that you could have the car. This means that you admit to possessing the car, but the possession was justified and therefore not a crime.5
6. Record Seals
Colorado convictions of first-degree motor vehicle theft (which is a class 3 felony) can never be sealed from your criminal record. However, convictions of second-degree or first-degree motor vehicle theft can be sealed three years after the case ends.
Meanwhile, if your CRS 18-4-409 charge gets dismissed – meaning there is no conviction – then you can petition for a record seal immediately.6
Colorado ranks about fourth in the nation for auto theft.
7. Related Crimes
Theft of Motor Vehicle Parts
As it sounds, theft of motor vehicle parts (CRS 42-5-104) is removing, detaching, or taking any part from an automobile with criminal intent. It can be a misdemeanor or a felony, depending on the items stolen.
Felony Grand Theft
Felony grand theft (CRS 18-4-401(2)) is intentionally taking another person’s property valued at $2,000 or higher. The extent of the fines and prison time depends on the value of the items stolen.
Theft by Receiving Stolen Property
Receiving stolen property (CRS 18-4-404) is knowingly obtaining control over items that have been stolen. It is punished the same as theft, which means it can be a petty offense, misdemeanor, or felony depending on the value of the stolen items that you received.
Unauthorized Use of a Motor Vehicle
Unauthorized use of a motor vehicle (CRS 18-4-409.5) has three elements:
- You obtain or exercise control over another person’s motor vehicle without authorization of the owner; and
- You do not commit a criminal offense other than a misdemeanor traffic offense (except eluding a police officer in the course of obtaining control over or in the exercise of control of a motor vehicle); and
- The motor vehicle is returned to the owner or recovered by law enforcement within 24 hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle.
The unauthorized use of a motor vehicle is a class 1 misdemeanor carrying up to 364 days in jail and/or up to $1,000. Though a subsequent offense is a class 5 felony carrying one to three years in prison (with two years of mandatory parole), and/or $1,000 to $100,000.7
Car theft convictions can be sealed unless they are for a class 3 felony.
Frequently Asked Questions
What’s the difference between motor vehicle theft and unauthorized use of a motor vehicle?
Motor vehicle theft is when you knowingly take someone’s car without permission, which is always a felony in Colorado. Unauthorized use becomes the lesser charge only if the car is returned within 24 hours with no damage and no other crimes were committed – this is a misdemeanor for first offense.
How do prosecutors decide between first, second, and third-degree motor vehicle theft charges?
Third-degree is for first or second-time offenses with no extra factors. Second-degree applies when there are “aggravating factors” like keeping the car over 24 hours, causing $1,000+ damage, or removing it from Colorado. First-degree is for anyone with two or more prior motor vehicle theft convictions.
Can I get my motor vehicle theft conviction removed from my record?
It depends on the degree. First-degree convictions (Class 3 felony) can never be sealed. Second and third-degree convictions can be sealed three years after your case ends. If charges are dismissed with no conviction, you can request sealing immediately.
What happens to my driver’s license if I am convicted of motor vehicle theft?
All motor vehicle theft convictions in Colorado result in a mandatory one-year driver’s license revocation. This is regardless of whether it is first, second, or third-degree.
Contact us if you need a reliable theft lawyer in Orange County.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Automobile Theft – Journal of Criminal Law & Criminology.
- Auto Theft and Its Prevention – Crime and Justice.
- Auto Theft Offender and Offense Characteristics – Criminology.
- Auto Theft and the Role of Big Business – Crime and Social Justice.
- Auto Theft and Restrictive Deterrence – Justice Quarterly.
See our related article, When is theft charged as a felony in Colorado? Also learn about operating a chop shop (CRS 18-4-420(1)), and tampering with a vehicle (CRS 42-5-103).
Legal References:
- CRS 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.
(2) 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.People v. Andrews (1981) 632 P.2d 1012; People v. Stellabotte (Court of Appeals, 2016) 421 P.3d 1164 (“The culpable mental state, “knowingly,” applies not only to a defendant’s exercise of control over the vehicle, but also to his or her awareness of lack of authority.”); see, for example, Jessica Snouwaert, Man wanted for stealing cars arrested mid-theft in Monument, police say, Colorado Springs Gazette (April 21, 2020)(citing the Colorado Auto Theft Prevention Authority-Metropolitan Auto Theft Task Force). See also People v. Thompson (Colo.App. 2024) No. 22CA0687. Colorado Crime Statistics, Colorado Auto Theft Prevention Authority. Chris Kissell, 10 States With the Most Car Thefts in 2023 (So Far), MoneyTalks (October 23, 2023). Colorado’s top 10 stolen vehicles in 2023, 9News (January 4, 2023). - See note 1; “knowingly” is a “stand alone” element and therefore modifies all successive elements in the statute. See, for example, Colorado Jury Instructions COLJI 4-4:19 – AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE (RETAINED)
The elements of the crime of aggravated motor vehicle theft in the first degree (retained) are 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. obtained or exercised control over the motor vehicle of another, 5. without authorization, or by threat or deception, and 6. retained possession or control of the motor vehicle for more than twenty-four hours. [7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of aggravated motor vehicle theft in the first degree (retained). After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of aggravated motor vehicle theft in the first degree (retained);
- CRS 18-4-409.
- Same. See, for example, People v. Marquez (Colo. App. 2004) 107 P.3d 993; CRS 42-2-125; CRS 18-4-409. SB23-097. Prior to July 1, 2023, motor vehicle theft was called aggravated motor vehicle theft, and penalties turned on value, not degree. HB21-1314 (2021). Prior to March 1, 2022, 2nd-degree aggravated motor vehicle of less than $1,000 carried 6 to 18 months in jail and/or up to $500 to $5,000 in fines; and 2nd-degree aggravated motor vehicle theft of $1,000 to less than $20,000 was a class 6 felony, carrying 1 to 1 ½ years in prison (with 1 year of mandatory parole), and/or $1,000 – $100,000. SB21-271. See also Sydney Isenberg, Greeley detective nearly run over during arrest of aggravated motor vehicle theft suspect, Denver-7 ABC (December 13, 2022). Reinstatement Frequently Asked Questions, Colorado Department of Revenue.
- CRS 18-1-504(1)(a); See also People v. Harper (Colo. App. 2008) 205 P.3d 452.
- Colorado Revised Statutes 24-72.
- CRS 18-4-409.5 – Unauthorized Use of a Motor Vehicle:
(1) a person commits unauthorized use of a motor vehicle if the person obtains or exercises control over the motor vehicle of another person without authorization of the owner and: (a) the person does not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and (b) the motor vehicle is returned to the owner or recovered by law enforcement within twenty-four hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle. (2) unauthorized use of a motor vehicle is a class 1 misdemeanor; except that a second or subsequent offense for a violation of this section is a class 5 felony. (3) as used in this section, unless the context otherwise requires, “Motor vehicle” has the same meaning as defined in section 18-4-409.