(1) Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, steals or discloses to an unauthorized person a trade secret, or, without authority, makes or causes to be made a copy of an article representing a trade secret, commits theft of a trade secret.
(2) As used in this section:
(a) "Article" means any object, material, device, or substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(b) "Copy" means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article.
(c) "Representing" means describing, depicting, containing, constituting, reflecting, or recording.
(d) "Trade secret" means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession which is secret and of value. To be a trade secret the owner thereof must have taken measures to prevent the secret from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(3) (a) Theft of a trade secret is a class 2 misdemeanor.
(b) Notwithstanding section 16-5-401 (1)(a), C.R.S., any prosecution for violation of this section shall be commenced within three years after discovery of the offense.
Source: L. 71: R&RE, p. 430, § 1. C.R.S. 1963: § 40-4-408. L. 89: (3) amended, p. 833, § 46, effective July 1. L. 98: (3) amended, p. 156, § 1, effective July 1. L. 2021: (3)(a) amended, (SB 21-271), ch. 462, p. 3177, § 206, effective March 1, 2022. L. 2023: (3)(a) amended, (HB 23-1293), ch. 298, p. 1785, § 12, effective October 1.
Cross references: For the "Uniform Trade Secrets Act", see article 74 of title 7.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1979–2021 · leading case:
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).
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 15× “28, 2019 ) ( rejecting the plaintiff 's contention that its civil theft claim arose under section 18-4-408 , regarding the theft of trade secrets, because "the only penalty provision contained in that statute is criminal in nature," and " [i] t does not appear that C.R.S. §…”
Gognat v. Ellsworth, 259 P.3d 497 (Colo. 2011).
· cites it 2× “Although Colorado's definition of "trade secret" does not differ from the UTSA's definition in any significant respect, the General Assembly utilized the definition in Colorado's theft of trade secrets statute, see § 18-4-408(2)(d), C.R.S. (2010), rather than the UTSA's…”
v. Rojas, 2019 CO 86 (Colo. 2019).
· cites it 3× “, § 18-4-408(1), C.R.S. (2019) (“Any person who .”
People v. Home Ins., 591 P.2d 1036 (Colo. 1979).
· cites it 3× “Thus, it has authorized criminal sanctions for the theft of trade secrets, section 18-4-408, C.R.S. 1973 (1978 Repl.”
Colorado Motor Veh. Dealer Bd. v. Freeman, 383 P.3d 688 (Colo. Ct. App. 2014).
· cites it 2× “2014 (false imprisonment is a class 2 misdemeanor, but is a class 5 felony if (a) the person uses force or threat to confine or detain the victim and (b) the person confines or detains the victim for twelve hours or longer); "§ 18-4-408, C.R.S.2014 (theft of a trade secret is a…”
In re Rumnock v. Anschutz, 2016 CO 77 (Colo. 2016).
· cites it 4× “(2016) (“‘Trade secret’ means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information…”
Roberts v. People, 203 P.3d 513 (Colo. 2009).
“See § 18-4-408. While we have previously identified considerations for determining whether various acts constitute a single crime or successive violations of the same criminal proscription, we have always recognized that this determination must ultimately be made in light of the…”
Satcom Solution & Resources LLC v. Pope (D. Colo. 2020).
· cites it 2× “12(b)(6); o Plaintiff’s Fifth Cause of Action under Colo. Rev. Stat. § 18-4-408 is dismissed against all Defendants for lack of standing.”
— Colo. Rev. Stat. § 18-4-408(1) — 1 case
v. Rojas, 2019 CO 86 (Colo. 2019).
“, § 18-4-408(1), C.R.S. (2019) (“Any person who .”
— Colo. Rev. Stat. § 18-4-408(2)(d) — 2 cases
Gognat v. Ellsworth, 259 P.3d 497 (Colo. 2011).
“Although Colorado's definition of "trade secret" does not differ from the UTSA's definition in any significant respect, the General Assembly utilized the definition in Colorado's theft of trade secrets statute, see § 18-4-408(2)(d), C.R.S. (2010), rather than the UTSA's…”
— Colo. Rev. Stat. § 18-4-408(3)(a) — 1 case
v. Rojas, 2019 CO 86 (Colo. 2019).
“, § 18-4-408(1), C.R.S. (2019) (“Any person who .”
— Colo. Rev. Stat. § 18-4-408(d) — 1 case
In re Rumnock v. Anschutz, 2016 CO 77 (Colo. 2016).
“(2016) (“‘Trade secret’ means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information…”
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