Colorado Petty Theft (Larceny) – 18-4-401 (2)(b) CRS

Examples of petty larceny offenses may include:

• the Colorado offense of shoplifting,
• the Colorado offense of passing bad checks, or
• theft by the Colorado offense of extortion

It may be possible to negotiate the criminal charge down to a lesser petty offense or even a full dismissal as part of a Colorado plea deal. Common petty theft defenses include:

1. the defendant was the only owner of the property,
2. the defendant did not deliberately steal the property, or
3. the police’s search and seizure in Colorado was unconstitutional

To help you better understand Colorado’s petty larceny law, our Colorado criminal defense lawyers discuss the following, below:

• 1. What is the definition of petty theft in Colorado?
• 2. What are the penalties under CRS 18-4-401(2)(b)?
• 3. What are the defenses?
• 4. Related offenses

Also see our articles on misdemeanor theft in Colorado and felony theft in Colorado.

1. What is the definition of petty theft in Colorado?

People commit petty theft of property in violation of section 18-4-401 of the Colorado Revised Statutes (C.R.S.) when they intentionally and unlawfully take property worth less than $50 that does not belong to them. Petty theft can take several forms, such as:

• stealing goods from a store,
• promising to pay for a product and never paying, or
• failing to return a borrowed item within seventy-two (72) hours of the agreed-upon return time

Note that people can be convicted of theft if they take property that they co-own, and they fail to get the co-owners’ authorization.¹

2. What are the penalties under CRS 18-4-401(2)(b)?

Theft is a Colorado class 1 petty offense if the value of the item(s) is less than fifty dollars ($50). In addition to restitution to the victim, consequences of Colorado petty offense theft can include a maximum penalty of:

• A fine of $500, and/or
• six (6) months of jail time ²

If a person allegedly commits multiple theft crimes within a six (6)-month period, they may be aggregated into a single count of theft. In such a case, the value for purposes of sentencing is the aggregate value of all the items allegedly taken.³

Note that the judge (or jury) ultimately determines the stolen items’ value using a reasoanble basis, such as standard market value.⁴

Also note it is automatically a Colorado felony to pick-pocket or to steal from a disabled or elderly person, even if the stolen items are worth less than $50.⁵ Learn more about Colorado felony theft laws.

2.1. Attempted theft

An unsuccessful attempted crime in Colorado is punished as the next less serious class of offense: Therefore, attempted petty theft would be charged as a class 2 petty offense instead of a class 1 petty offense. The penalty would be a small fine.⁶

2.2. Penalties for misdemeanor and felony theft

Theft of anything worth at least $50 but less than $2,000 is a Colorado misdemeanor. Consequences of misdemeanor theft range from:

• probation to eighteen (18) months in jail, and/or
• a fine of up to $5,000.

Theft of anything worth $2,000 or more is a felony. Depending on the value of the item(s), Colorado felony theft can be punished by:

• one to twenty-four (1 – 24) years in prison, and/or
• a fine of $1,000 to $1,000,000.⁶

Learn more in our articles on misdemeanor theft in Colorado and felony theft in Colorado.

3. What are the defenses?

The best defense to Colorado theft charges will depend on the facts of the case and the type of property allegedly stolen. However, common defenses to petty theft often include:

1. the defendant was the only owner of the property,
2. the defendant did not deliberately steal the property, or
3. the police’s search was unconstitutional

Even though petty larceny is a minor offense, it still looks bad on criminal records. Therefore, anyone facing these charges is advised to hire an attorney to try to fight for a dismissal.

3.1. Defendant was the only owner of the property

It is not possible for a person to steal something that that belongs only to him/her. Typical evidence that can prove ownership may include:

• sales receipts
• title documents
• contracts

If the defense attorney can demonstrate that the defendant was the only owner of the property allegedly taken, the larceny charges should be dismissed.

3.2. Defendant did not deliberately steal the property

Larceny is an intent offense in Colorado.⁷ Because of this, defendants are not guilty of theft if they genuinely did not know they took another person’s property:

Example: Haley is listening to her iPhone while shopping for lipstick. She is so engrossed in the music that she absentmindedly walks out of the store without paying. Of course Haley owes the store the price of the lipstick, but she should not be convicted of larceny. Since she genuinely forgot to pay because her mind was somewhere else, she committed no crime.

In every criminal case, the D.A. has the burden to prove guilt beyond a reasonable doubt. Intent to steal is often hard for prosecutors to prove precisely because it requires getting inside of the defendant’s head.

3.3. Police’s search was unconstitutional

The Fourth Amendment is very clear that the police may not conduct searches without a search warrant — or without a good reason to forego getting a warrant. Whenever the police may have committed an illegal search, the defense attorney can file a motion to suppress evidence in Colorado:

This motion argues to the court that the police’s misconduct tainted the evidence they found. If the court grants the motion and disregards the evidence, then the prosecution may lose the case due to insufficient evidence.

4. Related offenses

Colorado has a number of crimes that are often charged along with theft. In many cases, a defendant can be punished for both theft and these related crimes:

• Deceptive sales – 18-4-401 S.R.S.
• Theft of Trade Secrets – 18–4–408 C.R.S.
• Aggravated Motor Vehicle Theft – 18–4–409 C.R.S.
• Identity Theft — 18–5–902. C.R.S.
• Theft of Sound Recordings
• Theft of Cable Television Service
• Robbery – 18-4-301, C.R.S.
• Burglary – 18-4-202-18-4-204 C.R.S.

In particular, defense attorneys often see theft charged with robbery — when items are taken directly from an alleged victim, and/or burglary — when someone is charged with breaking into a building or automobile for the purpose of stealing something.

Have you been accused of a crime? Our Colorado criminal defense attorneys see clients as more than just a list of charges. Every client has a name; every client has a story. Our law firm is here to see to it that the prosecutor and, if necessary, the jury know your side.

If you or someone you know has been charged with a violation of Colorado’s theft laws, we invite you to contact us for a free consultation. We will respond to you quickly so you can take the first steps to gain your freedom and reestablishing your good name. We create attorney-client relationships throughout the state of Colorado, including Denver, Colorado Springs, Boulder, and more.

You can reach us by filling out the confidential form on this page, or by phoning us at our Denver home office:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211

Arrested in California? See our articles on California petty theft laws and California grand theft laws.

Arrested in Nevada? See our articles on Nevada petit larceny laws and Nevada grand larceny laws.

Disclaimer: Past results are not guarantees of future results.

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