(1) A person commits theft when he or she knowingly obtains, retains,
or exercises control over anything of value of another without authorization or by threat or
deception; receives, loans money by pawn or pledge on, or disposes of anything of value or
belonging to another that he or she knows or believes to have been stolen, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of
value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to
deprive the other person permanently of its use or benefit;
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment,
or abandonment will deprive the other person permanently of its use or benefit;
(d) Demands any consideration to which he or she is not legally entitled as a condition of
restoring the thing of value to the other person;
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-
upon time of return in any lease or hire agreement; or
(f) Intentionally misrepresents or withholds a material fact for determining eligibility for
a public benefit and does so for the purpose of obtaining or retaining public benefits for which
the person is not eligible.
(1.5) For the purposes of this section, a thing of value is that of "another" if anyone other
than the defendant has a possessory or proprietary interest therein.
(2) Theft is:
(a) (Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)
(b) A petty offense if the value of the thing involved is less than three hundred dollars;
(b.5) Repealed.
(c) A class 2 misdemeanor if the value of the thing involved is three hundred dollars or
more but less than one thousand dollars;
(d) Repealed.
(e) A class 1 misdemeanor if the value of the thing involved is one thousand dollars or
more but less than two thousand dollars;
(f) A class 6 felony if the value of the thing involved is two thousand dollars or more but
less than five thousand dollars;
(g) A class 5 felony if the value of the thing involved is five thousand dollars or more
but less than twenty thousand dollars;
(h) A class 4 felony if the value of the thing involved is twenty thousand dollars or more
but less than one hundred thousand dollars;
(i) A class 3 felony if the value of the thing involved is one hundred thousand dollars or
more but less than one million dollars; and
(j) A class 2 felony if the value of the thing involved is one million dollars or more.
(3) and (3.1) Repealed.
(4) (a) When a person commits theft twice or more within a period of six months, two or
more of the thefts may be aggregated and charged in a single count, in which event the thefts so
aggregated and charged shall constitute a single offense, the penalty for which shall be based on
the aggregate value of the things involved, pursuant to subsection (2) of this section.
(b) When a person commits theft twice or more against the same person pursuant to one
scheme or course of conduct, the thefts may be aggregated and charged in a single count, in
which event they shall constitute a single offense, the penalty for which shall be based on the
aggregate value of the things involved, pursuant to subsection (2) of this section.
(5) Theft from the person of another by means other than the use of force, threat, or
intimidation is a class 5 felony without regard to the value of the thing taken.
(6) In every indictment or information charging a violation of this section, it shall be
sufficient to allege that, on or about a day certain, the defendant committed the crime of theft by
unlawfully taking a thing or things of value of a person or persons named in the indictment or
information. The prosecuting attorney shall at the request of the defendant provide a bill of
particulars.
(7) Repealed.
(8) A municipality shall have concurrent power to prohibit theft, by ordinance, where the
value of the thing involved is less than one thousand dollars.
(9) (a) If a person is convicted of or pleads guilty or nolo contendere to theft by
deception and the underlying factual basis of the case involves the mortgage lending process, a
minimum fine of the amount of pecuniary harm resulting from the theft shall be mandatory, in
addition to any other penalty the court may impose.
(b) A court shall not accept a plea of guilty or nolo contendere to another offense from a
person charged with a violation of this section that involves the mortgage lending process unless
the plea agreement contains an order of restitution in accordance with part 6 of article 1.3 of this
title that compensates the victim for any costs to the victim caused by the offense.
(c) The district attorneys and the attorney general have concurrent jurisdiction to
investigate and prosecute a violation of this section that involves making false statements or
filing or facilitating the use of a document known to contain a false statement or material
omission relied upon by another person in the mortgage lending process.
(d) Documents involved in the mortgage lending process include, but are not limited to,
uniform residential loan applications or other loan applications; appraisal reports; HUD-1
settlement statements; supporting personal documentation for loan applications such as W-2
forms, verifications of income and employment, bank statements, tax returns, and payroll stubs;
and any required disclosures.
(e) For the purposes of this subsection (9):
(I) "Mortgage lending process" means the process through which a person seeks or
obtains a residential mortgage loan, including, without limitation, solicitation, application, or
origination; negotiation of terms; third-party provider services; underwriting; signing and
closing; funding of the loan; and perfecting and releasing the mortgage.
(II) "Residential mortgage loan" means a loan or agreement to extend credit, made to a
person and secured by a mortgage or lien on residential real property, including, but not limited
to, the refinancing or renewal of a loan secured by residential real property.
(III) "Residential real property" means real property used as a residence and containing
no more than four families housed separately.
(10) Upon a conviction for theft as described in subsection (1)(e) of this section, the
court shall consider as part of any restitution ordered the loss of revenue proximately resulting
from the failure of the defendant to timely return the property involved.
(11) (a) If the item of value involved is a public benefit, then for purposes of
determining the offense level for subsection (2) of this section, the value is the difference
between the value of the public benefit received and the value of the public benefit for which the
recipient was eligible.
(b) As used in this subsection (11), "public benefits" means services or aid, or both,
including food, cash, and medical assistance, provided through an appropriation of federal, state,
or local government money to individuals or households that, because of their economic
circumstances or social condition, are in need of and may benefit from such services or aid.
(12) A person's conduct that is limited to the elements of subsection (1)(f) of this section
is not subject to prosecution pursuant to any other provision of this section.
Source: L. 71: R&RE, p. 428, § 1. C.R.S. 1963: § 40-4-401. L. 75: IP(1), (2), and (3)
amended and (3.1) added, pp. 618, 619, §§ 9, 10, effective July 1. L. 77: (4) amended, p. 972, §
1, effective May 27; (2) R&RE, (3) and (3.1) repealed, and (4) amended, pp. 973, 976, §§ 1, 2, 9,
effective July 1. L. 81: (7) added, p. 987, § 1, effective July 1. L. 83: (8) added, p. 665, § 7,
effective July 1. L. 84: (7)(a) and (7)(b) amended, p. 541, § 1, effective April 12; (2)(b), (2)(c),
(4), (7)(a), and (8) amended, p. 536, §§5, 6, effective July 1, 1985. L. 85: (7)(a) amended, p.
1360, § 13, effective June 28. L. 87: (2)(b), (2)(c), and (4) amended, p. 352, § 3, effective March
16; (1.5) added and (7)(a) amended, pp. 615, 606, §§5, 13, effective July 1. L. 92: (2), (4), and
(7)(a) amended, p. 433, § 1, effective April 10; (8) amended, p. 439, § 1, effective June 1. L. 93:
(7) repealed, p. 1742, § 42, effective July 1. L. 97: (2)(b) and (2)(c) amended, p. 1548, § 23,
effective July 1. L. 98: (4) and (8) amended, p. 1437, § 10, effective July 1; (4) amended, p. 793,
§ 1, effective July 1. L. 2006: (9) added, p. 1327, § 2, effective July 1. L. 2007: (2), (4), and (8)
amended, p. 1690, § 3, effective July 1. L. 2009: (4) amended, (HB 09-1334), ch. 244, p. 1099, §
2, effective May 11. L. 2013: (1), (2)(b), (2)(c), (2)(d), and (4) amended, (2)(b.5) repealed, and
(2)(e), (2)(f), (2)(g), (2)(h), (2)(i), and (2)(j) added, (HB 13-1160), ch. 373, p. 2195, § 1,
effective June 5. L. 2021: (10) added, (SB 21-030), ch. 189, p. 1006, § 1, effective May 27;
IP(1), (2)(b), (2)(c), and (2)(e) amended, (SB 21-271), ch. 462, p. 3176, § 205, effective March
1, 2022; (2)(d)(II) added by revision, (SB 21-271), ch. 462, pp. 3176, 3331, §§ 205, 803. L.
2022: IP(1) amended, (HB 22-1229), ch. 68, p. 345, § 23, effective March 1; (11) added, (HB
22-1257), ch. 69, p. 357, § 10, effective April 7; (1)(d) and (1)(e) amended and (1)(f) and (12)
added, (HB 22-1224), ch. 112, p. 508, § 1, effective July 1.
Editor's note: (1) Subsection (2)(d)(II) provided for the repeal of subsection (2)(d),
effective March 1, 2022. (See L. 2021, pp. 3176, 3331.)
(2) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides
that the act amending IP(1) is effective March 1, 2022, but the governor did not approve the act
until April 7, 2022.
Cross references: (1) For theft of sound recordings, see part 6 of this article 4; for
charges for bad checks received as a restitution payment ordered as a condition of a plea
agreement, see § 16-7-304; for charges for bad checks received as a restitution payment ordered
as a condition of a deferred prosecution, see § 16-7-404.
(2) For the legislative declaration contained in the 2006 act enacting subsection (9), see
section 1 of chapter 290, Session Laws of Colorado 2006. For the legislative declaration
contained in the 2007 act amending subsections (2), (4), and (8), see section 1 of chapter 384,
Session Laws of Colorado 2007. For the legislative declaration contained in the 2009 act
amending subsection (4), see section 1 of chapter 244, Session Laws of Colorado 2009.
Notes of Decisions
Cited in
527
cases (
65 in the last 5 years), 1975–2026 · leading case:
People v. Smith, 121 P.3d 243 (Colo. Ct. App. 2005).
People v. Smith, 121 P.3d 243 (Colo. Ct. App. 2005).
· cites it 25× “In distinguishing between theft from a person under § 18-4-401(5) and theft by deception pursuant to § 18-4-401(1), C.R.S.2004, the supreme court looked to the legislative history of the statute defining theft from the person of another and concluded as follows: [S]ubsection (5)…”
People v. Carlson, 72 P.3d 411 (Colo. Ct. App. 2003).
· cites it 28× “without authorization and by threat and deception, and with the intent to permanently deprive the owner.”
Lucero v. People, 272 P.3d 1063 (Colo. 2012).
· cites it 18× “Because Lucero's guilt for the class 3 felony theft as aggregated, § 18-4-401(4), is implicit in his conviction for the count of class 3 felony theft (count IX), § 18-4-401(1)(a), 6 we merge the three theft convictions into one class 3 felony theft conviction for resentencing…”
People v. Simon, 219 P.3d 789 (Colo. Ct. App. 2009).
· cites it 18× “In Roberts , the supreme court interpreted the language of section 18-4-401, C.R.S. 2008, the theft statute.”
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
· cites it 37× “The district court denied Gardner's motion, adopting the People's arguments that, by pleading guilty, Gardner waived his constitutional challenges to section 18-4-401 and his double jeopardy claims, and that his subject matter jurisdiction claims failed on the merits.”
People v. Warner, 801 P.2d 1187 (Colo. 1990).
· cites it 35× “The relevant provisions of Colorado’s current theft statute, § 18-4-401, 8B C.R.S. (1986), are as follows: (1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and: (a)…”
v. People, 2019 CO 89 (Colo. 2019).
· cites it 6× “See § 18-4-401(2)(c), C.R.S. (1997). Today, theft of anything valued at $750 or more but less than $2,000 is a class 1 misdemeanor.”
Auman v. People, 109 P.3d 647 (Colo. 2005).
· cites it 10× “§ 18-4-401, C.R.S. (2004). Here, the theft instruction given to Auman's jury failed to expressly modify the "without authorization" element of the crime of theft with the culpable mental state of "knowingly.”
People v. Stellabotte, 2018 CO 66 (Colo. 2018).
· cites it 4× “1, § 18-4-401(2)(g), 2013 Colo. Sess. Laws 2195 , 2195–96, 2202.”
v. People, 2020 CO 35 (Colo. 2020).
· cites it 5× “2, § 18-4-401, 2009 Colo. Sess. Laws 1099 , 1099–1100.”
Meads v. People, 78 P.3d 290 (Colo. 2003).
· cites it 16× “The prosecution charged Meads with felony theft, a violation of section 18-4-401(1)(a). Through counsel, Meads requested the court to instruct the jury on the offense of second degree aggravated motor vehicle theft, a misdemeanor violation of section 18-4-409(4).”
People v. Norman, 703 P.2d 1261 (Colo. 1985).
· cites it 12× “The fourth count of the information charged that on June 18, 1979, defendant committed the crime of theft by unlawfully taking and exercising control over "money with the value of two hundred dollars or more, but less than ten thousand dollars, from Edytha Lesuer," in violation…”
— Colo. Rev. Stat. § 18-4-401(1) — 101 cases
People v. Smith, 121 P.3d 243 (Colo. Ct. App. 2005).
“In distinguishing between theft from a person under § 18-4-401(5) and theft by deception pursuant to § 18-4-401(1), C.R.S.2004, the supreme court looked to the legislative history of the statute defining theft from the person of another and concluded as follows: [S]ubsection (5)…”
People v. Carlson, 72 P.3d 411 (Colo. Ct. App. 2003).
“without authorization and by threat and deception, and with the intent to permanently deprive the owner.”
Auman v. People, 109 P.3d 647 (Colo. 2005).
“§ 18-4-401, C.R.S. (2004). Here, the theft instruction given to Auman's jury failed to expressly modify the "without authorization" element of the crime of theft with the culpable mental state of "knowingly.”
— Colo. Rev. Stat. § 18-4-401(1)(2) — 1 case
— Colo. Rev. Stat. § 18-4-401(1)(a) — 55 cases
People v. Carlson, 72 P.3d 411 (Colo. Ct. App. 2003).
“without authorization and by threat and deception, and with the intent to permanently deprive the owner.”
Meads v. People, 78 P.3d 290 (Colo. 2003).
“The prosecution charged Meads with felony theft, a violation of section 18-4-401(1)(a). Through counsel, Meads requested the court to instruct the jury on the offense of second degree aggravated motor vehicle theft, a misdemeanor violation of section 18-4-409(4).”
— Colo. Rev. Stat. § 18-4-401(1)(a)(b) — 1 case
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
“The district court denied Gardner's motion, adopting the People's arguments that, by pleading guilty, Gardner waived his constitutional challenges to section 18-4-401 and his double jeopardy claims, and that his subject matter jurisdiction claims failed on the merits.”
— Colo. Rev. Stat. § 18-4-401(1)(a)(d) — 1 case
— Colo. Rev. Stat. § 18-4-401(1)(b) — 16 cases
— Colo. Rev. Stat. § 18-4-401(1)(b)(2)(d) — 1 case
— Colo. Rev. Stat. § 18-4-401(1)(c) — 1 case
— Colo. Rev. Stat. § 18-4-401(1)(d) — 1 case
— Colo. Rev. Stat. § 18-4-401(1)(f) — 1 case
— Colo. Rev. Stat. § 18-4-401(2) — 26 cases
v. People, 2020 CO 35 (Colo. 2020).
“2, § 18-4-401, 2009 Colo. Sess. Laws 1099 , 1099–1100.”
People v. Warner, 801 P.2d 1187 (Colo. 1990).
“The relevant provisions of Colorado’s current theft statute, § 18-4-401, 8B C.R.S. (1986), are as follows: (1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and: (a)…”
— Colo. Rev. Stat. § 18-4-401(2)(a) — 8 cases
People v. Smith, 121 P.3d 243 (Colo. Ct. App. 2005).
“In distinguishing between theft from a person under § 18-4-401(5) and theft by deception pursuant to § 18-4-401(1), C.R.S.2004, the supreme court looked to the legislative history of the statute defining theft from the person of another and concluded as follows: [S]ubsection (5)…”
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
“The district court denied Gardner's motion, adopting the People's arguments that, by pleading guilty, Gardner waived his constitutional challenges to section 18-4-401 and his double jeopardy claims, and that his subject matter jurisdiction claims failed on the merits.”
— Colo. Rev. Stat. § 18-4-401(2)(b) — 14 cases
People v. Warner, 801 P.2d 1187 (Colo. 1990).
“The relevant provisions of Colorado’s current theft statute, § 18-4-401, 8B C.R.S. (1986), are as follows: (1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and: (a)…”
— Colo. Rev. Stat. § 18-4-401(2)(c) — 31 cases
v. People, 2019 CO 89 (Colo. 2019).
“See § 18-4-401(2)(c), C.R.S. (1997). Today, theft of anything valued at $750 or more but less than $2,000 is a class 1 misdemeanor.”
People v. Smith, 121 P.3d 243 (Colo. Ct. App. 2005).
“In distinguishing between theft from a person under § 18-4-401(5) and theft by deception pursuant to § 18-4-401(1), C.R.S.2004, the supreme court looked to the legislative history of the statute defining theft from the person of another and concluded as follows: [S]ubsection (5)…”
— Colo. Rev. Stat. § 18-4-401(2)(d) — 10 cases
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
“The district court denied Gardner's motion, adopting the People's arguments that, by pleading guilty, Gardner waived his constitutional challenges to section 18-4-401 and his double jeopardy claims, and that his subject matter jurisdiction claims failed on the merits.”
— Colo. Rev. Stat. § 18-4-401(2)(e) — 7 cases
v. People, 2019 CO 89 (Colo. 2019).
“See § 18-4-401(2)(c), C.R.S. (1997). Today, theft of anything valued at $750 or more but less than $2,000 is a class 1 misdemeanor.”
— Colo. Rev. Stat. § 18-4-401(2)(f) — 3 cases
— Colo. Rev. Stat. § 18-4-401(2)(g) — 7 cases
People v. Stellabotte, 2018 CO 66 (Colo. 2018).
“1, § 18-4-401(2)(g), 2013 Colo. Sess. Laws 2195 , 2195–96, 2202.”
— Colo. Rev. Stat. § 18-4-401(2)(h) — 2 cases
— Colo. Rev. Stat. § 18-4-401(2)(j) — 1 case
v. People, 2019 CO 89 (Colo. 2019).
“See § 18-4-401(2)(c), C.R.S. (1997). Today, theft of anything valued at $750 or more but less than $2,000 is a class 1 misdemeanor.”
— Colo. Rev. Stat. § 18-4-401(3) — 4 cases
— Colo. Rev. Stat. § 18-4-401(4) — 18 cases
Lucero v. People, 272 P.3d 1063 (Colo. 2012).
“Because Lucero's guilt for the class 3 felony theft as aggregated, § 18-4-401(4), is implicit in his conviction for the count of class 3 felony theft (count IX), § 18-4-401(1)(a), 6 we merge the three theft convictions into one class 3 felony theft conviction for resentencing…”
People v. Simon, 219 P.3d 789 (Colo. Ct. App. 2009).
“In Roberts , the supreme court interpreted the language of section 18-4-401, C.R.S. 2008, the theft statute.”
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
“The district court denied Gardner's motion, adopting the People's arguments that, by pleading guilty, Gardner waived his constitutional challenges to section 18-4-401 and his double jeopardy claims, and that his subject matter jurisdiction claims failed on the merits.”
— Colo. Rev. Stat. § 18-4-401(4)(a) — 10 cases
v. People, 2020 CO 35 (Colo. 2020).
“2, § 18-4-401, 2009 Colo. Sess. Laws 1099 , 1099–1100.”
— Colo. Rev. Stat. § 18-4-401(4)(b) — 1 case
— Colo. Rev. Stat. § 18-4-401(5) — 15 cases
People v. Smith, 121 P.3d 243 (Colo. Ct. App. 2005).
“In distinguishing between theft from a person under § 18-4-401(5) and theft by deception pursuant to § 18-4-401(1), C.R.S.2004, the supreme court looked to the legislative history of the statute defining theft from the person of another and concluded as follows: [S]ubsection (5)…”
People v. Warner, 801 P.2d 1187 (Colo. 1990).
“The relevant provisions of Colorado’s current theft statute, § 18-4-401, 8B C.R.S. (1986), are as follows: (1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and: (a)…”
People v. Gardner, 250 P.3d 1262 (Colo. Ct. App. 2010).
“The district court denied Gardner's motion, adopting the People's arguments that, by pleading guilty, Gardner waived his constitutional challenges to section 18-4-401 and his double jeopardy claims, and that his subject matter jurisdiction claims failed on the merits.”
— Colo. Rev. Stat. § 18-4-401(6) — 14 cases
People v. Carlson, 72 P.3d 411 (Colo. Ct. App. 2003).
“without authorization and by threat and deception, and with the intent to permanently deprive the owner.”
— Colo. Rev. Stat. § 18-4-401(7) — 1 case
— Colo. Rev. Stat. § 18-4-401(7)(a) — 1 case
— Colo. Rev. Stat. § 18-4-401(7)(b) — 1 case
— Colo. Rev. Stat. § 18-4-401(8) — 2 cases
— Colo. Rev. Stat. § 18-4-401(a) — 1 case
Young (Bankr.D. Colo. 2026).
— Colo. Rev. Stat. § 18-4-401(a)(a) — 1 case
— Colo. Rev. Stat. § 18-4-401(b) — 1 case
— Colo. Rev. Stat. § 18-4-401(b)(6) — 1 case
— Colo. Rev. Stat. § 18-4-401(l)(a) — 18 cases
— Colo. Rev. Stat. § 18-4-401(l)(b) — 9 cases
— Colo. Rev. Stat. § 18-4-401(l)(c) — 1 case
— Colo. Rev. Stat. § 18-4-401(l)(d) — 3 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.