Under Colorado CRS § 18-4-409, motor vehicle theft 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,” this felony is punishable by 1 to 12 years in state prison.
There are three degrees of motor vehicle theft. Third-degree is the least serious and comprises most first-time or second-time auto theft offenses.
Second-degree auto theft involves stealing a car with an aggravating factor, such as removing the VIN number or causing $1,000 or more in damage. Finally, repeat auto theft offenders are charged with first-degree auto theft, the most serious charge.
The following chart sets out the sentencing ranges for motor vehicle theft.
| Motor Vehicle Theft | Colorado Penalties |
| First-degree motor vehicle theft | Class 3 felony:
|
| Second-degree motor vehicle theft | Class 4 felony
|
| Third-degree motor vehicle theft | Class 5 felony:
|
Also, motor vehicle theft carries a one-year license revocation.
There are many potential defenses to motor vehicle theft criminal charges. Three examples include:
- You owned the car;
- You believed you had permission to take the car; or
- The police committed misconduct
Below, our Denver, Colorado criminal defense lawyers discuss:
- 1. What is motor vehicle theft?
- 2. What are the penalties under CRS 18-4-409?
- 3. What are common defenses to auto theft?
- 4. Can the criminal record be sealed?
- 5. Related Colorado Offenses
- 6. Recent auto Theft Statistics
- Additional Reading
Auto vehicle theft is usually a felony in Colorado under CRS 18-4-409.
1. What is motor vehicle theft?
Auto theft in Colorado occurs when a person knowingly steals another person’s or company’s vehicle. It does not matter whether the alleged thief
- uses threats or deception to obtain it or
- simply takes it without permission.
While some states refer to this crime as grand theft auto, it is always referred to as motor vehicle theft in Colorado. If a car is stolen in one jurisdiction but recovered in another, you may be prosecuted in:
- The jurisdiction where the theft occurred;
- Any jurisdiction through which the automobile was operated or transported; or
- The jurisdiction in which the automobile was recovered.
For you to be convicted of motor vehicle theft, Colorado prosecutors must prove both of these elements of the crime beyond a reasonable doubt:
- a mens rea (culpable mental state): You knew the car was stolen; and
- an actus reus (an action): You took the car without authorization or by threats or deception.1
As discussed below, theft of a motor vehicle can be first-, second-, or third degree, depending on the severity of the case.
Motor Vehicle Theft in the First Degree
Knowingly stealing or possessing a stolen car without authorization is first-degree motor vehicle theft if you have at least two prior convictions for auto theft or unauthorized use of a motor vehicle (in Colorado or elsewhere).2
Motor Vehicle Theft in the Second Degree
Knowingly stealing or possessing a stolen car without authorization is second-degree motor vehicle theft if either:
- 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 attache 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.3
In short, 2nd-degree motor vehicle theft is a first- or second-time car theft, and there is one or more of the above aggravating factors.
Motor Vehicle Theft in the Third Degree
Motor vehicle theft in the third degree is knowingly stealing a car or keeping a car that you know is not yours to keep. This charge is reserved for first- or second-time car theft suspects, and there are no aggravating factors to the theft.4
2. What are the penalties under CRS 18-4-409?
The punishments for motor vehicle theft depend on the degree.
First-degree automobile theft is a class 3 felony carrying 4 to 12 years in Colorado State Prison and/or $3,000 to $750,000.
Second-degree automobile theft is a class 4 felony carrying 2 to 6 years in prison and/or $2,000 to $500,000.
Third-degree automobile theft is a class 5 felony carrying 1 to 3 years in prison and/or $1,000 to $100,000.
In addition, motor vehicle theft triggers a one-year license revocation. 5
See our related article, When is theft charged as a felony in Colorado? Also learn about theft of motor vehicle parts (CRS 42-5-104), operating a chop shop (CRS 18-4-420(1)), and tampering with a vehicle (CRS 42-5-103).
Car theft convictions can be sealed unless they are for a class 3 felony.
3. What are common defenses to auto theft?
Seven defenses that may get Colorado auto theft charges completely dropped include:
- 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; or
- The police discovered the car through an illegal search and seizure
Note that it is an affirmative defense that 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.6
4. Can the criminal record be sealed?
Yes, unless the conviction was for a class 3 felony (first-degree car theft). Otherwise, a CRS 18-4-409 conviction is sealable three years after the case ends.
Note that any cases that get dismissed (meaning there is no conviction) can be sealed right away.7
Learn how to petition for a Colorado record seal. (Note that record seals are very similar to expungements. Currently, only juvenile cases and underage DUI cases can be expunged.)
5. Related Colorado offenses
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: It can be a
- petty offense,
- misdemeanor, or
- felony
depending on the value of the stolen items that the defendant received.
Unauthorized Use of a Motor Vehicle
Unauthorized use of a motor vehicle (CRS 18-4-409.5) is obtaining or exercising 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 1 to 3 years in prison (with 2 years of mandatory parole), and/or $1,000 to $100,000.8
6. Recent Auto Theft Statistics
Colorado ranks about fourth in the nation for auto theft. In 2023 alone, Colorado had 32,310 vehicles stolen. (This number includes so-called “puffer thefts,” which are cars stolen while they are left running and unattended.) There were also 5,941 attempted car thefts.
(For the most recent vehicle theft statistics with crime heat maps, go to the Colorado Auto Theft Prevention Authority.)
Cities with the Most Car Thefts (in order)
- Denver
- Aurora
- Colorado Springs
- Pueblo
- Lakewood
Secondary Crimes
Auto thefts often accompany other “secondary crimes.” In 2023, these secondary crimes included:
- 3,697 property crimes
- 694 drug crimes
- 211 violent crimes 9
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.
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 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); People v. Edmonds, (1978) 195 Colo. 358, 578 P.2d 655.
- 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 – (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.
- 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).