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Colorado Criminal Law: Colorado Criminal Elements – Crimes of Theft

As a Colorado Criminal Theft Lawyer – I know that criminal law can be confusing to those charged with crimes. To that end – I have included in my websites a breakdown of these crimes into their basic elements – those elements are like a roadmap for the jury in deciding guilt or innocence. Here are the jury instructions for the various ways a jury can find a defendant guilty of theft.

The Law is Found at: ¡ì18¨C4¨C401(1)(a), C.R.S. Theft (Intent to Permanently Deprive)

The elements of the crime of theft are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly

a. obtained or exercised control over

b. anything of value

c. which was the property of another person,

d. without authorization or by threat or deception, and

4. with intent to permanently deprive the other person of the use or benefit of the thing of value, and

5. the value of the thing involved is less than five hundred dollars [five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more.

The value of the thing involved is less than one hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or-

the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more

a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

-or-

the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more

a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

-or-

the thing of value was taken

a. from the person of another

b. by means other than the use of force, threat, or intimidation.

CLASSIFICATION OF OFFENSE

F3, if value equal or greater than $20,000 – F4, if value $1,000 to $15,000 -M1, if value $500 to 1,000 M2, if value is less than $500  – F5, if from the person of another For crimes committed before July 1, 2007: – F3, if value equal or greater than $15,000 – F4, if value $500 to $15,000 – M2, if value $100 to $500 -M3, if value is less than $500 -F5, if from the person of another

The Law is Found at ¡ì18¨C4¨C401(1)(a), C.R.S.: Theft (Use, Conceal or Abandon in Such Manner as to Permanently Deprive)

The elements of the crime of theft are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly

a. obtained or exercised control over

b. anything of value

c. which was the property of another person,

d. without authorization by threat or deception, and

e. used, concealed, or abandoned the thing of value

f. in such a manner as to permanently deprive the other person of its use or benefit, and

4. the value of the thing involved is less than five hundred dollars five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more. the value of the thing involved is less than one

hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or-

the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more a. as a result of the defendant having committed theft two or more times

b. within a period of six months. the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more

a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

-or-

the thing of value was taken

a. from the person of another

b. by means other than the use of force, threat, or

intimidation.

The Law Is Found at ¡ì18¨C4¨C401(1)(a), C.R.S. Theft (Use, Conceal or Abandon with Intent to Permanently Deprive)

The elements of the crime of theft are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly

a. obtained or exercised control over

b. anything of value

c. which was the property of another person,

d. without authorization by threat or deception, and

4. used, concealed, or abandoned the thing of value with intent that such use, concealment or abandonment would permanently deprive the other person of the use or benefit of the thing of value,

5. the value of the thing involved is less than five hundred dollars five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more.

-or-

the value of the thing involved is less than one hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or-

the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more

a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

-or

the thing of value was taken

a. from the person of another

b. by means other than the use of force, threat, or

intimidation.

CLASSIFICATION OF OFFENSE

F3, if value equal or greater than $20,000 -F4, if value $1,000 to $15,000 – M1, if value $500 to 1,000 – M2, if value is less than $500 -For crimes committed before July 1, 2007: -F3, if value equal or greater than $15,000 -F4, if value $500 to $15,000 – M2, if value $100 to $500 -M3, if value is less than $500 – F5, if from the person of another

The Law Is Found at ¡ì18¨C4¨C401(1)(a), C.R.S. Theft (Demand Consideration)

The elements of the crime of theft are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. knowingly

a. obtained or exercised control over

b. anything of value

c. which was the property of another person,

d. without authorization by threat or deception, and

e. demanded any consideration to which he was not legally entitled as a condition of restoring the thing of

value to the other person, and

4. the value of the thing involved is less than five hundred dollars five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more. the value of the thing involved is less than one hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or-

the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more

a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

-or-

the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more

a. as a result of the defendant having committed theft two or more times

b. within a period of six months.

-or-

the thing of value was taken

a. from the person of another

b. by means other than the use of force, threat, or intimidation.

CLASSIFICATION OF OFFENSE

F3, if value equal or greater than $20,000 – F4, if value $1,000 to $15,000 -M1, if value $500 to 1,000 – M2, if value is less than $500 – For crimes committed before July 1, 2007: – F3, if value equal or greater than $15,000 – F4, if value $500 to $15,000 – M2, if value $100 to $500 – M3, if value is less than $500 – F5, if from the person of another

The Law Is Found at ¡ì18¨C4¨C402(1)(a),(2),(3),(4) and (5), C.R.S. Theft of Rental Property (Obtained by Threat or Deception)

The elements of the crime of theft of rental property

are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly obtained temporary use of personal property belonging to another person which is available only for hire,

4. by means of threat or deception knowing that such use was without the consent of the person providing the personal property, and

5. the value of the property involved was less than five hundred dollars five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more. the value of the property involved was less than one hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or

the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more

a. as a result of the defendant having committed theft of rental property two or more times

b. within a period of six months. the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more

a. as a result of the defendant having committed theft of rental property two or more times

b. within a period of six months.

CLASSIFICATION OF OFFENSE

F3, if value equal or greater than $20,000 – F5, if value $1,000 to $20,000 – M1, if value $500 to $1,000 – M2, if value is less than $500 – For crimes committed before July 1, 2007: – F3, if value equal or greater than $15,000  – F4, if value $500 to $15,000 – M2, if value $100 to $500 – M3, if value is less than $500 -

The law is found at ¡ì18¨C4¨C402(1)(b),(2),(3),(4) and (5), C.R.S. Theft of Rental Property (Lawfully Obtained)

The elements of the crime of theft of rental property are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. having lawfully obtained possession of rental property for temporary use,

4. knowingly,

5. failed to reveal the whereabouts of to return said property to the owner of the property, or to the owner’s representative, or to the person from whom he had received it,

6. within seventy-two hours after the time at which he had agreed to return it, and

7. the value of the property involved was less than five hundred dollars five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more.

-or-

6. the value of the property involved was less than one hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or-

7. the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more

a. as a result of the defendant having committed theft of rental property two or more times

b. within a period of six months.

7. the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more

a. as a result of the defendant having committed theft of rental property two or more times

b. within a period of six months.

CLASSIFICATION OF OFFENSE

F3, if value equal or greater than $20,000 -F5, if value $1,000 to $20,000 -M1, if value $500 to $1,000 -M2, if value is less than $500 -For crimes committed before July 1, 2007: – F3, if value equal or greater than $15,000 – F4, if value $500 to $15,000 – M2, if value $100 to $500 – M3, if value is less than $500

The Law Is Found at ¡ì18¨C4¨C409(2) and (3), C.R.S. Aggravated Motor Vehicle Theft – First Degree

The elements of the crime of aggravated motor vehicle theft in the first degree 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 a motor vehicle,

5. belonging to another person,

6. without authorization by threat or deception,

and

7. the value of the motor vehicle involved was twenty thousand dollars or less more than twenty thousand dollars, and

-or-

the value of the motor vehicle involved was fifteen thousand dollars or less more than fifteen thousand dollars, and

8. the defendant retained possession or control of the motor vehicle for more than twenty-four hours attempted to alter or disguise, or did alter or disguise the appearance of the motor vehicle attempted to alter or remove, or did alter or remove the vehicle identification number used the motor vehicle in the commission of another crime other than a traffic offense, caused five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle caused bodily injury to another person while in the exercise of control of the motor vehicle removed the motor vehicle from the state of Colorado for a period of time in excess of twelve hours unlawfully attached or otherwise displayed in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.

CLASSIFICATION OF OFFENSE

F3, if 2 prior convictions or value greater than $15,000 – F4, if value is equal to or less than $15,000 -F4, if value is equal to or less than $20,000 -F3, if 2 prior convictions or value greater than $20,000

The Law Is Found at ¡ì18¨C4¨C409(4), C.R.S. Aggravated Motor Vehicle Theft – Second Degree

The elements of the crime of aggravated motor vehicle theft in the second degree 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 a motor vehicle,

5. belonging to another person,

6. without authorization by threat or deception,

and

7. the value of the motor vehicle was less than one thousand dollars one thousand dollars or more but less than twenty thousand dollars twenty thousand dollars or more.

-or-

the value of the motor vehicle was less than five hundred dollars five hundred dollars or more but less than fifteen thousand dollars fifteen thousand dollars or more.

CLASSIFICATION OF OFFENSE

F5, if value equal or more than $20,000 – F6, if value is $1,000 to $20,000 -M1, if value is less than $1,000  -For crimes committed before July 1, 2007: -F5, if value equal or more than $15,000 -F6, if value is $500 to $15,000 – M2, if value is less than $500

The Law Is Found at ¡ì¡ì18¨C4¨C410(1) Through (6), C.R.S. Theft by Receiving

The elements of the crime of theft by receiving are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. received retained loaned money by pawn or pledge on disposed of anything of value belonging to another person,

4. knowing or believing that thing of value to be stolen,

5. with intent to permanently deprive the lawful owner of the use or benefit of the thing of value, and

6. the value of the thing involved is less than five hundred dollars five hundred dollars or more, but less than one thousand dollars one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more.

-or-

the value of the thing involved is less than one hundred dollars one hundred dollars or more, but less than five hundred dollars five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more.

-or-

the aggregate value of the thing or things involved is one thousand dollars or more, and

-or-

6. the aggregate value of the thing or things involved is five hundred dollars or more, and

7. the defendant is engaged in the business of buying, selling or otherwise disposing of stolen goods for a profit.

-or-

6. the aggregate value of the things involved is one thousand dollars or more, but less than twenty thousand dollars twenty thousand dollars or more

a. as a result of the defendant having committed theft by receiving two or more times

b. within a period of six months.

-or-

the aggregate value of the things involved is five hundred dollars or more, but less than fifteen thousand dollars fifteen thousand dollars or more

a. as a result of the defendant having committed theft by receiving two or more times

b. within a period of six months.

F3, if value is $20,000 or more - F4, if value is $1,000 to $20,000 -M1, if value is $500 to $1,000 -M2, if value less than $50 – For crimes committed before July 1, 2007: -F3, if value is $15,000 or more -F4, if value is $500 to  -15,000 – M2, if value is $100 to $500 -M3, if value less than $100

The Law Is Found at ¡ì18¨C4¨C412, C.R.S. Theft of Medical Records

The elements of the crime of theft of medical records

are:

1. That the defendant,

2. in the State of Colorado, at or about the date and

place charged,

3. knowingly,

4. obtained a medical record medical information,

5. knowing (s)he did not have proper authorization,

6. with intent to appropriate the medical record medical information,

7. to his own use or to the use of another.

-or-

4. knowingly stole disclosed to an unauthorized person,

5. a medical record medical information.

-or-

4. knowing (s)he did not have authority,

5. made or caused to be made,

6. a copy of a medical record medical information.

The Law Is Found at ¡ì18-4-408, C.R.S. Theft of Trade Secrets

The elements of the crime of theft of trade secrets are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. with intent to deprive or withhold from the owner thereof the control of a trade secret appropriate a trade secret to his own use, or to the use of another,

4. stole disclosed to an unauthorized person without authority, made, or caused to be made a copy of an article representing a trade secret.

CLASSIFICATION OF OFFENSE

F4 (Second or subsequent offense within 5 years) M1

The Law Is Found at ¡ì 18-4-417, C.R.S. Unlawful Acts¨Ctheft Detection Devices

The elements of the crime of unlawful acts ¨C theft detection devices are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly manufactured, distributed or sold a theft detection shielding device or theft detection deactivation device,

4. with the knowledge that some person intends to use the device in the commission of an offense involving theft.

-or-

3. knowingly possessed a theft detection shielding device or a theft detection deactivating device,

4. with the intent to use the device possessed or with the knowledge that some person intends to use the device possessed in the commission of an offense involving theft.

-or-

3. knowingly deactivated or removed a theft detection device or any component thereof in a store or mercantile establishment without authorization prior to purchase,

¡¡                                                     *******************

SPECIAL VERDICT FORM-Theft Value

DISTRICT COURT, CITY AND COUNTY OF __________ , STATE OF

COLORADO

Case No. * Div.

___________________________________________________________

JURY VERDICT, Count *

Including Special Verdict for Value

___________________________________________________________

PEOPLE OF THE STATE OF COLORADO,

Plaintiffs,

v.

*

Defendant.

___________________________________________________________

*I. We, the jury, find the Defendant, *, NOT GUILTY of Count No. *.

_________________________________

FOREPERSON

fn*II. We, the jury find the Defendant, *, GUILTY of Count No. *, and find that the value of the property taken was

_____ Less than $500 $100.

_____$500 $100 or more, but less than $1,000 $500.

_____$1,000 $500 or more, but less than $20,000 $15,000

_____$ $20,000 $15,000or more.

_____________________________

FOREPERSON

he foreperson may sign only one of the above (I. or II.). If the verdict is NOT GUILTY, then I. above should be signed. If the verdict is GUILTY then II. above should be signed.

fn** If you find the defendant guilty, you must also complete this section by placing, in ink, an “X” in the appropriate box indicating your decision. ONLY ONE SQUARE may be filled in with the remainder to remain unmarked.

 

DEFINITIONS RELATED TO COLORADO THEFT CRIMES

“THEFT DETECTION DEACTIVATING DEVICE” means any tool, instrument, mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization.

“THEFT DETECTION DEVICE” means an electronic or magnetic mechanism, machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment.

“THEFT DETECTION SHIELDING DEVICE” means any tool, instrument, mechanism, or article adapted, designed, engineered, used, or operated to avoid detection by a theft detection device during the commission of an offense involving theft. “Theft detection shielding device” includes, but is not limited to, any laminated or coated sack or container that is capable of avoiding detection by a theft detection device.

“CONCEALMENT OF GOODS-EVIDENCE OF INTENT 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, whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes evidence that the person intended to commit the crime of theft. ¡ì18¨C4¨C406, C.R.S.

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
The Edward Building
8400 East Prentice Avenue - Suite 420
Greenwood Village, Colorado 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
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