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Call Us NowCRS 18-4-404 – Theft by Receiving Stolen Property
Colorado larceny laws make it a crime to knowingly receive stolen property even if the recipient did not help steal the items. Receipt of stolen property worth less than $300 is petty theft, punishable by up to $300 and/or 10 days in jail.
Receiving $300 to less than $2,000 worth of stolen property is misdemeanor theft, carrying up to $1,000 in fines and/or up to 364 days in jail.
And taking control of stolen goods worth $2,000 or more is felony theft/grand theft, with penalties of $1,000 to $1,000,000 and/or 1 to 24 years in prison.
CRS 18-4-404 states:
Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.
In this article, our Denver Colorado criminal defense attorneys discuss:
- 1. What is receipt of stolen property in Colorado?
- 2. What are the penalties under CRS 18-4-404?
- 3. What are some strong defenses?
- 4. How soon can the case be sealed?
It is a crime to knowingly receive stolen property in Colorado.
1. What is receipt of stolen property in Colorado?
Receipt of stolen property is when a person takes possession of items he/she knows have been stolen.1
Example: Henry tells his brother that he just stole an iPhone from a lady’s purse, and he asks the brother to hold onto it for him. If the brother agrees, he would be committing receipt of stolen property since he knows that the phone had been stolen.
People who receive property with no knowledge that it had been stolen are innocent.2 Though they may be required to forfeit the property to the police.
2. What are the penalties under CRS 18-4-404?
The Colorado punishment for knowingly receiving stolen items turns on the aggregate value of the property.
| Value of the items stolen |
Sentence for Receipt of Stolen Property in Colorado |
| 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
|
Note that people can be convicted for receiving stolen property even if the person who physically stole them is never caught or convicted.4
Also note that the property owner may sue the defendant to recover three times the owner’s damages (or $200, whichever is greater). Plus the defendant may have to pay the cost of the lawsuit and reasonable attorney fees.5
A CRS 18-4-404 conviction stands even though the defendant did not steal the property him/herself.
3. What are some strong defenses?
The best defense to a Colorado theft by receiving charge will depend on the specific facts of the case. Seven common legal defense strategies are to argue that either:
- The defendant is the rightful owner of the property;
- The defendant intended to give the property back to the rightful owner;
- The property was lost or abandoned by the original owner — not stolen;
- The defendant had no control over the stolen property;
- The defendant had a good faith belief that the property was not stolen;
- The property was worth less than what the prosecutor says; or
- The property was found as the result of an illegal search by law enforcement peace officers or other police misconduct.
As long as the district attorney cannot prove guilt beyond a reasonable doubt, the theft charge should be dropped.
4. How soon can the case be sealed?
If the charge for receiving stolen property gets dismissed, then there is no wait under Colorado criminal law to petition the court for a record seal. Otherwise, the wait time depends on the crime category the defendant was convicted of. And convictions of class 2 or 3 felonies remain on the defendant’s record forever.
| CRS 18-4-404 conviction | Waiting time for Colorado record seal |
| Petty offenses | 1 year after the case ends |
| Class 2 misdemeanors (and class 3 misdemeanors as they existed prior to March 1, 2022) | 2 years after the case ends |
| Class 1 misdemeanors, class 6 felonies, class 5 felonies, or class 4 felonies | 3 years after the case ends |
| Class 3 felonies or class 2 felonies ($100,000 and higher) | Never |
Learn how to seal Colorado criminal records.6
Call our DUI, domestic violence, and criminal law firm for legal advice.
If you or someone you know is facing criminal charges for a Colorado theft crime, we invite you to contact our criminal defense lawyers to discuss creating an attorney-client relationship.
Simply fill out the confidential form on this page and one of our caring Colorado defense lawyers will get back to you promptly to discuss your case and start planning the best defense strategies. We create appear in district courts throughout the state of Colorado, including Denver, Arapahoe, Boulder, Colorado Springs, and more.
See our related Colorado law articles on shoplifting (CRS 18-4-406), embezzlement, aggravated motor vehicle theft (CRS 18-4-409), identity theft (CRS 18-5-902), and theft of trade secrets (CRS 18-4-408).
Legal References
- Colorado Revised Statute / criminal code 18-4-404 – Obtaining control over any stolen thing of value.
- See People v. Schamber, (1973) 182 Colo. 355, 513 P.2d 205.
- CRS 18-4-401.
- See Burns v. People, (1961) 148 Colo. 245, 365 P.2d 698. 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 18-4-405.
- CRS 24-72-701-708.