18-4-409 CRS - Aggravated Motor Vehicle Theft in Colorado

Updated



18-4-409 CRS
is the Colorado law that defines aggravated motor vehicle theft. This section makes it a crime purposely to steal someone else's car, truck, motorcycle, or other automobile.

There are two degrees of aggravated auto theft. Second-degree if the least serious. The statute states:

A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception.

First-degree aggravated auto theft occurs if the defendant both steals the car and either:

  • Keeps the vehicle for more than a day or takes it out of Colorado for more than a half a day;
  • Use the vehicle to commit a crime, injures someone with it, or causes more than $500 worth of damage with it; or
  • Attempts to alter or disguise the vehicle, VIN, or license plates

Penalties

Defendants convicted of violating 18-4-409 CRS will lose their Colorado's driver's license for at least one year.

First-degree aggravated automobile theft is always a felony. Depending on the value of the vehicle and defendant's criminal history, penalties include:

Second-degree aggravated automobile theft is almost always a felony. Depending on the value of the vehicle, penalties include:

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000 in fines

Second-degree aggravated automobile theft is a misdemeanor only when:

  1. The vehicle is worth less than $1,000, and
  2. The defendant has no more than one prior auto-theft conviction

The misdemeanor penalties are:

  • 6 – 18 months in jail, and/or
  • $500 – $5,000in fines

Defenses

There are many potential defenses to aggravated motor vehicle theft charges. Three examples include:

  • The defendant owned the car;
  • The defendant believed he/she had permission to take the car; or
  • The police committed misconduct

Below our Denver Colorado criminal defense lawyers discuss:

Man breaking into car, an example of aggravated motor vehicle theft per 18-4-409 CRS
Auto vehicle theft is usually a felony in Colorado under 18-4-409 CRS.

1. How does Colorado law define aggravated motor vehicle theft?

Aggravated 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 whether he or she simply takes it without permission.1

As discussed below, aggravated auto theft can be first- or second-degree depending on the severity of the case. In some states, the crime of aggravated motor vehicle theft is known as grand theft auto. But in Colorado, it is always referred to as aggravated motor vehicle theft.

Additionally, if a car is stolen in one jurisdiction but recovered in another, the defendant 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

1.1. First-degree aggravated motor vehicle theft

First-degree aggravated auto theft has two elements that must be met.

  1. The defendant knowingly obtains or exercises control over another's motor vehicle without authorization or by threat or deception; AND
  2. The defendant either:
  • Retains possession or control of the vehicle for more than 24 hours; or
  • Attempts to or does alter or disguise the appearance of the motor vehicle; or
  • Attempts to or does remove or alter the vehicle identification number (VIN); or
  • Uses the motor vehicle in the commission of a crime other than a traffic offense; or
  • Causes $500 or more worth of property damage to the vehicle or other property; or
  • Causes bodily injury to another person while he or she is in control of the vehicle; or
  • Removes the vehicle from the state of Colorado for more than 12 hours; or
  • Unlawfully attaches or displays license plates other than those officially issued for the vehicle

Examples of first-degree aggravated motor vehicle theft include:

  • Stealing a car and selling it or its parts to a chop shop;
  • Borrowing a car without permission for more than 24 hours;
  • Borrowing a car without permission for a joyride and getting into a wreck;
  • Driving one's parents' car without permission and seriously injuring a pedestrian;
  • Stealing a car and using it as a getaway car after a crime;
  • Putting another car's license plates on the vehicle, or
  • Committing a carjacking and taking the vehicle to another state or country to sell it

Also see our related articles on theft of motor vehicle parts (42-5-104 CRS), operating a chop shop (18-4-420(1) CRS), and tampering with a vehicle (42-5-103 CRS).

1.2. Second-degree aggravated motor vehicle theft

Second-degree aggravated auto theft is knowingly obtaining or exercising control over another's motor vehicle without authorization or by threat or deception. And none of the factors in the above subsection apply.2

Examples of second-degree aggravated motor vehicle theft include:

  • Being a valet or parking attendant and driving the car around town without permission;
  • Borrowing someone else's car without permission for a joyride and returning it the next day;
  • Using one's parents' car without permission to go on a date; or
  • Temporarily refusing to give back a car that has been temporarily entrusted to his or her care

2. What are the penalties under 18-4-409 CRS?

The punishments for aggravated motor vehicle theft depend on the value of the vehicle and the defendant's past criminal record (if any).

Aggravated Vehicle Theft (18-4-409 CRS)

Colorado penalties*

First-degree

Less than $20,000

Class 5 felony:

  • 1 – 3 years in prison (with 2 years of mandatory parole), and/or
  • $1,000 – $100,000

$20,000 to less than $100,000

Class 4 felony

  • 2 – 6 years in prison (with 3 years of mandatory parole), and/or
  • $2,000 – $500,000

$100,000 or higher

Class 3 felony:

  • 4 – 12 years in prison (with 5 years of mandatory parole), and/or
  • $3,000 – $750,000

Third auto theft conviction (any value)

Class 3 felony

  • 4 – 12 years in prison (with 5 years of mandatory parole), and/or
  • $3,000 – $750,000

Second-degree

$20,000 or higher

Class 5 felony:

  • 1 – 3 years in prison (with 2 years of mandatory parole), and/or
  • $1,000 – $100,000

$1,000 to less than $20,000

Class 6 felony:

  • 1 – 1 ½ years in prison (with 1 year of mandatory parole), and/or
  • $1,000 – $100,000

Less than $1,000

Class 1 misdemeanor:

  • 6 – 18 months in jail, and/or
  • $500 – $5,000

*Any aggravated auto theft conviction results in automatic revocation of the defendant's driver's license for at least one year. Juveniles adjudged delinquent of auto theft also lose their license.3

3. What are common defenses?

Seven defenses that may get Colorado aggravated auto theft charges completely dropped include:

  1. The vehicle belonged to the defendant;
  2. Someone else took the vehicle;
  3. The defendant had permission to drive the vehicle (shown by testimony, emails, etc.);
  4. The defendant did not know he/she lacked the owner's permission to borrow the car;
  5. The car owner falsely accused the defendant;
  6. The police entrapped the defendant, who was not predisposed to car theft. The defendant never would have stolen the car but for the police's pressure; or
  7. The police discovered the car through an illegal search and seizure

Five defenses that may get a first-degree auto theft charge lessened to a second-degree charge are:

  • The defendant did not keep the vehicle for more than 24 hours and did not take it out of state for more than 12 hours;
  • The defendant did not injure anyone with the vehicle;
  • The defendant did not alter the vehicle in any way;
  • The defendant did not use the vehicle to commit a crime; or
  • Any damage costs less than $500 to repair
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Call our Denver criminal defense attorneys. 303-222-0330. We offer free consultations.

Call us for help…

Arrested in Colorado? Contact our Denver criminal defense lawyers. We will fight to get the charges reduced or dismissed.

Simply fill out the confidential form on this page. Or call us at 303-222-0330. Consultations are free.

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

In California? See our article on grand theft auto law (487d1 PC).

In Nevada? See our article on grand larceny of a motor vehicle (NRS 205.228).


Legal references:

  1. 18-4-409 CRS.; People v. Andrews, 632 P.2d 1012 (1981).
  2. 18-4-409 CRS.
  3. 42-2-125 CRS.

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