![Shoplifting Laws in Colorado - CRS 18-4-406 [2022 UPDATES IN DESCRIPTION]](https://www.shouselaw.com/wp-content/plugins/wp-youtube-lyte/lyteCache.php?origThumbUrl=https%3A%2F%2Fi.ytimg.com%2Fvi%2FylBlKIIAiy4%2F0.jpg)
Colorado law defines shoplifting as intentionally taking and stealing goods from a retail establishment. The law presumes you intend to shoplift if you conceal unpurchased items while inside a store.
This chart illustrates the penalties for shoplifting, which depend on the value of the items stolen.
| Shoplifting offense | Colorado punishment |
| Stealing less than $300 worth of goods | Petty offense: Up to 10 days of jail and/or up to $300 |
| Stealing at least $300 but less than $2,000 worth of goods | Misdemeanor: Up to 364 days in jail and/or up to $1,000 |
| Stealing items worth $2,000 or more | Felony: 1 to 24 years in prison and/or $1,000 to $1,000,000 |
You will also be ordered to pay restitution to the store.
In this article, our law firm’s Denver, Colorado criminal defense lawyers discuss:
- 1. What is shoplifting?
- 2. What are the penalties?
- 3. What are common defenses?
- 4. How long does shoplifting stay on your record in Colorado?
- 5. What are the immigration consequences?
- 6. What other charges could I face?
- Additional resources
Under Colorado shoplifting laws, courts may presume “intent to steal” if you concealed the stolen goods.
1. What is shoplifting?
Shoplifting is knowingly taking merchandise from a store without paying. You must intend to deprive the owner of the merchandise permanently, and you do not have the permission of the store owner to take the goods.1
Under Colorado theft laws, shoplifting crimes include such acts as:
- Physically taking items from a shop without paying for them;
- Returning an item to a store that you did not buy in order to get money or credit (“fraudulent returns”); and/or
- Altering labels, price tags, or packaging to pay less money – or nothing – for an item
If you conceal the merchandise, a jury may conclude that you intended to steal:2
Example: A security guard stops Kelly after she leaves a Denver Walmart. The guard saw Kelly holding a new iPhone box under her jacket. Kelly gets accused of shoplifting and is charged with felony theft. She elects to have a jury trial.
At trial, the prosecutor admits video surveillance showing that Kelly hid the iPhone. Kelly argues that she simply forgot to pay. But under Colorado law, the jury can make the reasonable inference that Kelly intended to steal because the iPhone was hidden (“the concealment of goods”).
The jury could not automatically presume she intended to steal if Kelly carried the iPhone box openly when she left Walmart without paying. Then Kelly might have an easier time arguing that she simply forgot to pay.
2. What are the penalties?
You may be eligible for a pretrial diversion program in your shoplifting case. This would allow you to avoid getting a conviction. In return, you may have to pay a fine and restitution, take a class, and/or do community service.
Otherwise, Colorado’s punishments for shoplifters depend on the price of the stolen items:
| Value of stolen merchandise | Colorado shoplifting penalties (plus restitution)* |
| Less than $300 (“petty theft”) | 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:
|
| *If you allegedly shoplifted twice or more from the same store, the D.A. may bring one charge for the total value of the items. Or if you allegedly shoplifted more than once in a six-month period, the D.A. may bring one charge for the total value of the items.3 | |
Colorado criminal law has no specific punishment for concealing goods you have not yet purchased.
See our related article, When is theft charged as a felony in Colorado?
Criminal penalties for shoplifting offenses turn on the stolen property’s value.
3. What are common defenses?
Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of shoplifting. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries:
You had no intent to steal.
Perhaps you simply forgot to pay. Or perhaps someone else planted the merchandise on you. Or maybe you believed the store owner agreed to let you pay at a later time.4
Either way, there is no definitive way for the prosecutor to prove what was going on in your head. As long as we have an innocent explanation that raises a reasonable doubt, the D.A. may dismiss the case.
You did not shoplift.
Perhaps the cashier forgot to remove the theft detection device. Or perhaps someone else shoplifted, and the cashier mistook you for the actual thief.
Evidence we rely on to show that you paid includes the receipt, eyewitness testimony, and video surveillance footage. If we can show the D.A. that the full price was exchanged for the items, they may agree to drop the theft charges.
The police performed an illegal search.
In every case, we scrutinize the police’s actions for evidence of misconduct.
If law enforcement may have performed an unlawful search and seizure in your case, we would ask the judge to suppress any evidence found from their illegal actions. If the judge agrees, the D.A. may then be left with too weak a case to prosecute.
At that point, prosecutors usually offer to reduce your charge or dismiss your case altogether.
4. How long does shoplifting stay on your record in Colorado?
Shoplifting convictions in Colorado remain on your records unless and until they are sealed. All shoplifting convictions may be sealable unless they are for class 2 or class 3 felonies.
Petty offense convictions for theft crimes may be sealed one year after the case ends. Class 2 misdemeanor convictions (as well as class 3 misdemeanor convictions as they existed prior to March 1, 2022) can be sealed two years after the case ends. Class 1 misdemeanor theft convictions or class 4, 5, or 6 felony convictions can be sealed three years after the case ends.
Any case that gets dismissed can be sealed right away.5 Learn about how to get a Colorado criminal record seal.
5. What are the immigration consequences?
Shoplifting is a crime involving moral turpitude. Therefore, theft offenses are deportable. A non-citizen defendant would be less likely to be deported if the shoplifting conviction was just a petty offense or class 3 misdemeanor.6
Aliens facing criminal charges should hire an attorney right away. An attorney may be able to get the charges dismissed or reduced to a non-deportable crime. Learn more about the criminal defense of immigrants.
6. What other charges could I face?
Robbery
Robbery (CRS 18-4-301 – 303) is knowingly taking anything of value from another person — or in another person’s presence — by the use of force, threats, or intimidation. The classic example is holding up a cashier with a gun.
Robbery is a felony. Depending on the case, penalties include:
- 2 – 48 years in prison, and/or
- $2,000 – $750,000
Burglary
Burglary (CRS 18-4-202 – 204) is knowingly entering or unlawfully remaining on someone else’s property with the intent to commit a crime. The classic example is sneaking into someone’s home to steal valuables. Burglary can be a misdemeanor or a felony.
Receiving stolen property
Receiving stolen property (CRS 18-4-404) is punished the same as shoplifting in the state of Colorado.
Additional resources
If you are a compulsive shoplifter, you can find help here:
- Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Secular weekly self-help group.
- Shoplifting Prevention (Adult) – Paid course by CBTclasses.
- Recoveries Anonymous – 12-step programs for shoplifting.
- Help for Shoplifters – Support group and toolkits provided by the Shulman Center.
- How to Overcome Kleptomania – Six steps provided by The Recovery Village.
Legal References
- Colorado Revised Statutes 18-4-401 C.R.S. (theft statute criminal code).
- CRS 18-4-406 (“If any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment…such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.”)
- CRS 18-4-401; see also Halaseh v. People, (2020) CO 35, 463 P.3d 249. 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.
- See also People in Interest of R.M.D., (Colo. 1992) 829 P.2d 852.
- CRS § 24-72.
- See Matter of Jurado-Delgado, (BIA Sept. 28, 2006) 24 I. & N. Dec. 29.