C.R.S. § 18-4-409 – Motor Vehicle (Auto) Theft in Colorado

Colorado Revised Statute § 18-4-409 C.R.S. makes it a felony to commit motor vehicle theft. Like it sounds, this crime occurs when you knowingly take someone else’s automobile (or motorcycle) without permission or by using threats or deception.

Most first-time and second-time auto-theft cases are charged as third-degree motor vehicle theft. This class 5 felony carries one to three years in Colorado State Prison (with up to two years of mandatory parole) and/or $1,000 to $100,000 in fines.

However, stealing a car is prosecuted as second-degree motor vehicle theft if there is an “aggravating factor,” such as removing the VIN or causing $1,000 or more in damage. This class 4 felony carries two to six years in Colorado State Prison (with up to three years of mandatory parole) and/or $2,000 to $500,000 in fines.

Finally, a third-time or later offense is treated as first-degree motor vehicle theft, which is the most serious C.R.S. 18-4-409 crime. This class 3 felony carries four to 12 years in Colorado State Prison (with five years of mandatory parole) and/or $3,000 to $750,000 in fines.

Also, any motor vehicle theft conviction triggers a one-year Colorado driver’s license revocation.

In this article, our Denver criminal defense lawyers will address the following topics regarding motor vehicle theft in Colorado:

• 1. Elements of C.R.S. 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
• Victim Resources
• Additional Reading

1. Elements of C.R.S. 18-4-409

For you to be convicted of motor vehicle theft in Colorado, prosecutors must prove beyond a reasonable doubt both:

1. A culpable mental state (called a “mens rea”), which is that you knew the automobile did not belong to you; and
2. 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 or juvenile adjudications 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 (C.R.S. 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

In our practice defending auto theft cases in Denver, Colorado Springs and throughout the state, we often find that prosecutors overcharge 3rd-degree theft as 2nd-degree if there is even a scratch on the car.

C.R.S. 18-4-409 was formerly called “aggravated motor vehicle theft.”

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 C.R.S. 18-4-409 charges reduced or dismissed.

1. The vehicle belonged to you.
2. Someone else took the vehicle.
3. You had permission to drive the vehicle (shown by testimony, emails, etc.).
4. You did not know you lacked the owner’s permission to borrow the car (“mistake of fact”).
5. The car owner falsely accused you.
6. 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.
7. 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 C.R.S. 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 as of 2024.

7. Related Crimes

Theft of Motor Vehicle Parts

As it sounds, theft of motor vehicle parts (C.R.S. 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.

Catalytic converter theft is a common occurrence in Colorado now.

Felony Grand Theft

Felony grand theft (C.R.S. 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 (C.R.S. 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.

Operating a Chop Shop

Owning or operating a chop shop (C.R.S. 18-4-420) is unlawful in Colorado. A chop shop is where stolen automobiles are taken apart or changed so they can be resold or otherwise disposed of.

Owning or operating a chop shop is a class 4 felony, carrying two to six years in prison and/or $2,000 to $500,000.

Unauthorized Use of a Motor Vehicle

Unauthorized use of a motor vehicle (C.R.S. 18-4-409.5) has three elements:

1. You obtain or exercise control over another person’s motor vehicle without authorization of the owner; and
2. 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
3. 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 up to two years of mandatory parole), and/or $1,000 to $100,000.⁷

In our experience, unauthorized use of a motor vehicle is the fallback charge prosecutors use whenever a car is returned within a 24-hour period. In some cases, we can even get motor vehicle theft charges reduced to unauthorized use of a motor vehicle.

Unlike the old pre-2023 law, a stolen car’s dollar value no longer determines the felony level for motor vehicle theft.

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 a 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 go to prison for stealing a car?

If you are convicted of stealing a car in Colorado, the judge will likely impose prison unless you can get probation instead.

Motor vehicle theft is divided into three degrees with different sentencing schemes. The following chart lists these sub-crimes from least serious to most serious:

In addition, you face a one-year Colorado driver’s license revocation when you leave prison.

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.

Why did Colorado change its auto theft laws in 2023?

On July 1, 2023, Senate Bill 23-097 went into effect, representing the most significant overhaul of Colorado’s motor vehicle theft laws in decades. The legislature made these aggressive changes for three primary reasons:

1. Colorado held the #1 spot for auto theft. By 2022, Colorado had the highest motor vehicle theft rate in the United States. Cities like Pueblo, Denver, and Aurora consistently ranked in the top 10 most impacted metropolitan areas nationwide. Lawmakers felt that the previous laws were not doing enough to deter “prolific” offenders who were responsible for the majority of these crimes.
2. Ending the “value-based” loophole. Under the old law, stealing a car was often only a misdemeanor if the car was worth less than $2,000. This created a loophole where stealing an older, high-mileage vehicle—which might be a worker’s only way to get to their job—carried almost no jail time. The 2023 law “decoupled” the crime from the car’s dollar value. Now, stealing a $500 “beater” is just as much a felony as stealing a $50,000 luxury SUV. The focus shifted from the value of the property to the impact on the victim.
3. Targeting “prolific” repeat offenders. The new system was specifically designed to keep repeat offenders behind bars longer. By creating first-degree motor vehicle theft (class 3 felony) specifically for those with two or more prior convictions, the state significantly increased the “stakes” for anyone caught stealing a car for a third time.

Because the law is so new and the penalties have increased so dramatically, many people are being overcharged. Prosecutors are under immense public pressure to be “tough on crime,” often pushing for felony convictions in cases that, just a few years ago, might have been handled as minor offenses.

Victim Resources

Refer to the following state and local resources on what to do to safeguard your vehicle from theft or what to do if it has been taken.

• Colorado Auto-Theft Prevention Authority (CATPA) – a state agency designed to prevent and reduce motor vehicle theft.
• Auto Theft Prevention – City of Denver.
• Motor Vehicle Theft Prevention and Assistance – Brighton Police Department.
• Prevent Vehicle Theft: Lock Your Car – Durango Police.
• MetroTrack Auto Theft Deterrent Program – City of Aurora.
• Stolen Vehicles – City of Arvada.
• What to Expect When you Car Has Been Stolen and Tips to Help Prevent It – Broomfield.

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 (C.R.S. 18-4-420(1)), and tampering with a vehicle (C.R.S. 42-5-103).

Legal References: