Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-4-405 (2026)

Rights in stolen property

✓ current as of July 2026
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All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his right to such property. The owner may maintain an action not only against the taker thereof but also against any person in whose possession he finds the property. In any such action, the owner may recover two hundred dollars or three times the amount of the actual damages sustained by him, whichever is greater, and may also recover costs of the action and reasonable attorney fees; but monetary damages and attorney fees shall not be recoverable from a good-faith purchaser or good-faith holder of the property.

Source: L. 71: R&RE, p. 429, § 1. C.R.S. 1963: § 40-4-405. L. 73: p. 536, § 1. L. 87: Entire section amended, p. 668, § 1, effective July 1.

Notes of Decisions
Cited in 140 cases (54 in the last 5 years), 1982–2026 · leading case: Bermel v. BlueRadios, Inc., 2019 CO 31 (Colo. 2019).
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Bermel v. BlueRadios, Inc., 2019 CO 31 (Colo. 2019). · cites it 75× “The supreme court reviews whether the economic loss rule bars a claim under section 18-4-405, C.R.S. (2018), for civil theft where the theft also constitutes a breach of the parties’ contract.”
In Re the Marriage of Allen, 724 P.2d 651 (Colo. 1986). · cites it 34× “The court of appeals held that the provisions of section 18-4-405, 8 C.R.S. (1978), completely disposed of the issues in this case and entitled UMC to impose a constructive trust on any proceeds of the embezzlement that UMC can trace.”
West v. Roberts, 143 P.3d 1037 (Colo. 2006). · cites it 32× “" C.R.S. § 18-4-405. It is true, as the majority points out, that the UCC was adopted by this state in 1965, and the stolen property statute was enacted more than a hundred years earlier as territorial law.”
In Re Lindsay WINNINGER, an individual & Sports Rehab Consulting LLC, a Colorado Ltd. Liab. Co. v. Doris KIRCHNER, an individual & Vail Clinic, Inc. d/b/a Vail Valley Med. Ctr., a Colorado nonprofit Corp., & Vail Clinic, Inc. d/b/a Vail Valley Med. Ctr., a Colorado nonprofit Corp., Third-Party v. David J. Cimino, an individual, Third-Party, 488 P.3d 1091 (Colo. 2021). · cites it 49× “§ 18-4-412 [it] may recover pursuant to C.R.S. § 18-4-405 ." ¶15 Winninger and Cimino then petitioned this court for relief under C.”
Bemas Constr., Inc. v. Dorland (In Re Dorland), 374 B.R. 765 (Bankr.D. Colo. 2007). · cites it 35× “(3) If Defendant Varholdt violated the Public Works Contractors’ Trust Fund Statute, are treble damages to be awarded in accord with Colo.Rev. Stat. § 18-4-405. (4) Whether any monetary judgment in favor of the Plaintiff for violation of the Public Works Contractors’ Trust Fund…”
Van Rees v. Unleaded Software, Inc., 2016 CO 51 (Colo. 2016). · cites it 5× “Whether the court of appeals erred in dismissing under the economic loss rule petitioner's claim for civil theft under section 18-4-405, C.R.S. 3. Whether the court of appeals erred in concluding that the trial court properly dismissed petitioner's cause of action for violation…”
Cedar Lane Investments v. Am. Roofing Supply of Colorado Springs, Inc., 919 P.2d 879 (Colo. Ct. App. 1996). · cites it 16× “It set forth a claim for relief based on § 18-4-405, C.R.S. (1995 Cum.Supp.) and another based on a claim of unjust enrichment.”
In Re Krupka, 317 B.R. 432 (Bankr.D. Colo. 2004). · cites it 18× “A1 three claimants filed proofs of claim for actual damages plus additional damages under Colo. Rev. Stat. § 18-4-405 . That statute allows the trebling of damages for actions that constitute civil theft.”
Tague & Beem, P.C. v. Tague (In Re Tague), 137 B.R. 495 (Bankr.D. Colo. 1991). · cites it 17× “The language of Section 18-4-405, C.R.S., suggests that actual damages under this statute are not the same as restitution of the property stolen, raising the question of whether the court’s decision on liability for actual damages was decided on another basis.”
Weize Co. v. Colorado Reg'l Constr., Inc., 251 P.3d 489 (Colo. Ct. App. 2010). · cites it 3× “5 and section 18-4-405, C.R.S.2009, which provides that the owner of "property obtained by theft .”
A-1 Auto Repair & Detail, Inc. v. Bilunas-Hardy, 93 P.3d 598 (Colo. Ct. App. 2004). · cites it 8× “A-l also sought treble damages, attorney fees, and costs pursuant to the civil theft statute, § 18-4-405, C.R.S.2003. The trial court granted A-l’s motion for summary judgment, applying collateral es-toppel only to the issue of liability for conversion of payroll overpayments.”
Vogan v. Cnty. of San Diego, 193 P.3d 336 (Colo. Ct. App. 2008). · cites it 3× “In the amended complaint, in addition to reiterating the same claims made in the first complaint, plaintiff further alleged that defendants had wrongfully taken her 2005 income tax refund, and added a claim for treble damages under the civil theft statute, section 18-4-405,…”
Show all 140 citing cases →
— Colo. Rev. Stat. § 18-4-405(6)(f) — 1 case
In re People v. DeGreat, 2020 CO 25 (Colo. 2020).
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