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

Colo. Rev. Stat. § 18-4-409 (2026)

Motor vehicle theft - definitions

✓ current as of July 2026
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(1) As used in this section, unless the context otherwise requires:

(a) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on public highways and that is generally and commonly used to transport persons and property over the public highways.

(b) "Vehicle identification number" means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.

(2) A person commits motor vehicle theft in the first degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or reasonably should have known that the act was without authorization or was by threat or deception; and the person has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in this state, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.

(3) A person commits motor vehicle theft in the second degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; and:

(a) The person retains possession or control of the motor vehicle for more than twenty- four hours;

(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;

(c) The person attempts to alter or remove or alters or removes the vehicle identification number;

(d) The person removes the motor vehicle from this state;

(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;

(f) The person or a participant causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;

(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;

(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:

(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or

(II) A first or second degree criminal trespass of the motor vehicle; or

(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.

(4) A person commits motor vehicle theft in the third degree if the person knowingly:

(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or

(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.

(c) (Deleted by amendment, L. 2023.)

(4.5) Repealed.

(5) Consistent with section 18-1-202, if the theft of a motor vehicle occurs in one jurisdiction and the motor vehicle is recovered in another jurisdiction, the offender may be tried in the jurisdiction where the theft occurred, in any jurisdiction through which the motor vehicle was operated or transported, or in the jurisdiction in which the motor vehicle was recovered.

(6) (a) Motor vehicle theft in the first degree is a class 3 felony.

(b) Motor vehicle theft in the second degree is a class 4 felony.

(c) Motor vehicle theft in the third degree is a class 5 felony.

(7) A person whose conduct is limited to the elements of this section is not subject to prosecution pursuant to section 18-4-401.

Source: L. 71: R&RE, p. 430, § 1. C.R.S. 1963: § 40-4-409. L. 77: Entire section R&RE, p. 974, § 4, effective July 1. L. 79: (2)(e) amended and (2)(f) added, p. 736, § 1, effective April 25; (2)(e) and (4) amended and (2)(g) and (2)(h) added, p. 727, §§ 4, 5, effective July 1. L. 80: IP(2), IP(3), and (4) amended, p. 532, § 1, effective January 29. L. 87: (2)(a) and

(2)(g) amended, p. 668, § 2, effective July 1. L. 92: (3) amended, p. 434, § 3, effective April 10. L. 95: (3)(b) and (4) amended, p. 1253, § 12, effective July 1. L. 99: Entire section amended, p. 1164, § 1, effective July 1, 2000. L. 2001: (2)(e) amended, p. 59, § 1, effective August 8. L. 2003: (4.5) added, p. 1845, § 1, effective July 1. L. 2007: (3) and (4) amended, p. 1692, § 5, effective July 1. L. 2014: (3) amended, (HB 14-1266), ch. 155, p. 539, § 6, effective August 6. L. 2021: (4)(b) and (4)(c) amended, (SB 21-271), ch. 462, p. 3177, § 207, effective March 1, 2022; (4.5)(b) added by revision, (HB 21-1314), ch. 460, pp. 3099, 3104, §§ 9, 22. L. 2023: (1)(a), (2), (3), and (4) amended and (6) and (7) added, (SB 23-097), ch. 309, p. 1885, § 1, effective July 1.

Editor's note: Subsection (4.5)(b) provided for the repeal of subsection (4.5), effective January 1, 2022. (See L. 2021, pp. 3099, 3104.)

Cross references: For the legislative declaration contained in the 2007 act amending subsections (3) and (4), see section 1 of chapter 384, Session Laws of Colorado 2007.

Notes of Decisions
Cited in 80 cases (17 in the last 5 years), 1977–2026 · leading case: People v. Hale, 654 P.2d 849 (Colo. 1982).
Sort: Relevance Newest Treatment
People v. Hale, 654 P.2d 849 (Colo. 1982). · cites it 63× “NOTES [1] Charges were brought under section 18-4-409(2), C.R.S.1973 (1978 Repl.”
People v. Wentling, 2015 COA 172 (Colo. Ct. App. 2015). · cites it 47× “¶17       We also disagree with Wentling’s contention that the application of the first degree criminal trespass statute to motor vehicle theft would be contrary to the comprehensive motor vehicle theft statute, section 18-4-409. Wentling contends the General Assembly…”
Meads v. People, 78 P.3d 290 (Colo. 2003). · cites it 12× “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). Meads asserted that the latter charge was a lesser-included offense of theft.”
People v. Ujaama, 302 P.3d 296 (Colo. Ct. App. 2012). · cites it 4× “130 Here, the charged underlying offense for aggravated motor vehicle theft, section 18-4-409(2)(d), C.R.S.2011, was attempted concealment of death, sections 18-2-101(1) and 18-8-109, C.”
People v. Manier, 197 P.3d 254 (Colo. Ct. App. 2008). · cites it 25× “Under section 18-4-409(2), C.R.8.2008, a person commits first degree aggravated motor vehicle theft if he or she "knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception," and one or more of eight enumerated…”
People v. Spies, 615 P.2d 710 (Colo. 1980). · cites it 18× “The defendant was charged with aggravated motor vehicle theft, section 18-4-409, C.R.S. 1973 (1978 Repl.”
Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. Smoots, 2017 CO 15 (Colo. 2017). · cites it 3× “In Meads, we considered whether second degree aggravated motor vehicle theft as defined in section 18-4-409(4), C.R.S. (2016), is a lesser included offense of felony theft as defined in section 18-4-401(1)(a), C.”
People v. Thornton, 251 P.3d 1147 (Colo. Ct. App. 2010). · cites it 4× “1, § 18-4-409(8)(a), 1999 Colo. Sess. Laws 1164 (amended 2007).”
People v. Hopkins, 328 P.3d 253 (Colo. Ct. App. 2013). · cites it 13× “Elements of Aggravated Motor Vehicle Theft in the First Degree 112 Section 18-4-409(@2)(a) states that a person commits aggravated motor vehicle theft in the first degree "if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization…”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996). · cites it 2× “As charged, Rodriguez' conviction for first-degree aggravated motor vehicle theft as a class 4 felony required that the jury find that Rodriguez "[u]se[d] the motor vehicle in the commission of a crime other than a traffic offense.”
DeHerrera v. People, 122 P.3d 992 (Colo. 2005). · cites it 6× “The factual basis for DeHerrera's plea was a statement of probable cause agreed to by the defendant.”
People v. Marquez, 107 P.3d 993 (Colo. Ct. App. 2004). · cites it 10× “By expressly excepting traffic offenses from the offenses supporting liability under § 18-4-409(2)(d , the General Assembly evidenced an intent that all crimes other than traffic offenses would support such liability.”
Show all 80 citing cases →
— Colo. Rev. Stat. § 18-4-409(2) — 27 cases
People v. Hale, 654 P.2d 849 (Colo. 1982). “NOTES [1] Charges were brought under section 18-4-409(2), C.R.S.1973 (1978 Repl.”
People v. Wentling, 2015 COA 172 (Colo. Ct. App. 2015). “¶17       We also disagree with Wentling’s contention that the application of the first degree criminal trespass statute to motor vehicle theft would be contrary to the comprehensive motor vehicle theft statute, section 18-4-409. Wentling contends the General Assembly…”
People v. Manier, 197 P.3d 254 (Colo. Ct. App. 2008). “Under section 18-4-409(2), C.R.8.2008, a person commits first degree aggravated motor vehicle theft if he or she "knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception," and one or more of eight enumerated…”
People v. Spies, 615 P.2d 710 (Colo. 1980). “The defendant was charged with aggravated motor vehicle theft, section 18-4-409, C.R.S. 1973 (1978 Repl.”
People v. Stellabotte, 2016 COA 106 (Colo. Ct. App. 2016).
— Colo. Rev. Stat. § 18-4-409(2)(L) — 1 case
People v. Manier, 197 P.3d 254 (Colo. Ct. App. 2008). “Under section 18-4-409(2), C.R.8.2008, a person commits first degree aggravated motor vehicle theft if he or she "knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception," and one or more of eight enumerated…”
— Colo. Rev. Stat. § 18-4-409(2)(Lh) — 1 case
People v. Manier, 197 P.3d 254 (Colo. Ct. App. 2008). “Under section 18-4-409(2), C.R.8.2008, a person commits first degree aggravated motor vehicle theft if he or she "knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception," and one or more of eight enumerated…”
— Colo. Rev. Stat. § 18-4-409(2)(a) — 11 cases
People v. Clay, 644 P.2d 81 (Colo. Ct. App. 1982).
People v. Andrews, 632 P.2d 1012 (Colo. 1981).
People v. Petschow, 119 P.3d 495 (Colo. Ct. App. 2004).
People v. Marquez, 107 P.3d 993 (Colo. Ct. App. 2004). “By expressly excepting traffic offenses from the offenses supporting liability under § 18-4-409(2)(d , the General Assembly evidenced an intent that all crimes other than traffic offenses would support such liability.”
v. Rice, 2020 COA 143 (Colo. Ct. App. 2020).
— Colo. Rev. Stat. § 18-4-409(2)(b) — 1 case
People v. Hale, 654 P.2d 849 (Colo. 1982). “NOTES [1] Charges were brought under section 18-4-409(2), C.R.S.1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-4-409(2)(d) — 11 cases
People v. Ujaama, 302 P.3d 296 (Colo. Ct. App. 2012). “130 Here, the charged underlying offense for aggravated motor vehicle theft, section 18-4-409(2)(d), C.R.S.2011, was attempted concealment of death, sections 18-2-101(1) and 18-8-109, C.”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996). “As charged, Rodriguez' conviction for first-degree aggravated motor vehicle theft as a class 4 felony required that the jury find that Rodriguez "[u]se[d] the motor vehicle in the commission of a crime other than a traffic offense.”
People v. Marquez, 107 P.3d 993 (Colo. Ct. App. 2004). “By expressly excepting traffic offenses from the offenses supporting liability under § 18-4-409(2)(d , the General Assembly evidenced an intent that all crimes other than traffic offenses would support such liability.”
People v. Knight, 167 P.3d 147 (Colo. Ct. App. 2006).
People v. Poindexter, 338 P.3d 352 (Colo. Ct. App. 2013).
— Colo. Rev. Stat. § 18-4-409(2)(e) — 7 cases
People v. Harper, 205 P.3d 452 (Colo. Ct. App. 2008).
v. Rice, 2020 COA 143 (Colo. Ct. App. 2020).
People in the Interest of D.I, 2015 COA 136 (Colo. Ct. App. 2015).
People v. Donald L. Garcia (Colo. Ct. App. 2022).
People in the Interest of D.I, 2015 COA 136 (Colo. Ct. App. 2015).
— Colo. Rev. Stat. § 18-4-409(2)(g) — 1 case
People v. Denton, 91 P.3d 388 (Colo. Ct. App. 2003).
— Colo. Rev. Stat. § 18-4-409(2)(h) — 3 cases
People v. Hale, 654 P.2d 849 (Colo. 1982). “NOTES [1] Charges were brought under section 18-4-409(2), C.R.S.1973 (1978 Repl.”
People v. Manier, 197 P.3d 254 (Colo. Ct. App. 2008). “Under section 18-4-409(2), C.R.8.2008, a person commits first degree aggravated motor vehicle theft if he or she "knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception," and one or more of eight enumerated…”
v. Rice, 2020 COA 143 (Colo. Ct. App. 2020).
— Colo. Rev. Stat. § 18-4-409(3) — 1 case
People v. Coulier (Colo. Ct. App. 2026).
— Colo. Rev. Stat. § 18-4-409(3)(b) — 2 cases
People v. Hale, 654 P.2d 849 (Colo. 1982). “NOTES [1] Charges were brought under section 18-4-409(2), C.R.S.1973 (1978 Repl.”
People v. White, 679 P.2d 602 (Colo. 1984).
— Colo. Rev. Stat. § 18-4-409(3)(e) — 1 case
The People of the State of Colorado, Plaintiff-Appellant: v. Travis Roland Barnett. Defendant-Appellee:, 2024 CO 73 (Colo. 2024).
— Colo. Rev. Stat. § 18-4-409(4) — 14 cases
Meads v. People, 78 P.3d 290 (Colo. 2003). “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). Meads asserted that the latter charge was a lesser-included offense of theft.”
Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. Smoots, 2017 CO 15 (Colo. 2017). “In Meads, we considered whether second degree aggravated motor vehicle theft as defined in section 18-4-409(4), C.R.S. (2016), is a lesser included offense of felony theft as defined in section 18-4-401(1)(a), C.”
People v. Wentling, 2015 COA 172 (Colo. Ct. App. 2015). “¶17       We also disagree with Wentling’s contention that the application of the first degree criminal trespass statute to motor vehicle theft would be contrary to the comprehensive motor vehicle theft statute, section 18-4-409. Wentling contends the General Assembly…”
People v. Hale, 654 P.2d 849 (Colo. 1982). “NOTES [1] Charges were brought under section 18-4-409(2), C.R.S.1973 (1978 Repl.”
People v. Cooper, 205 P.3d 475 (Colo. Ct. App. 2008).
— Colo. Rev. Stat. § 18-4-409(4)(a) — 1 case
Peo in Interest of GL (Colo. Ct. App. 2026).
— Colo. Rev. Stat. § 18-4-409(4)(b) — 3 cases
DeHerrera v. People, 122 P.3d 992 (Colo. 2005). “The factual basis for DeHerrera's plea was a statement of probable cause agreed to by the defendant.”
People v. Emert, 240 P.3d 514 (Colo. Ct. App. 2010).
Peo v. Archuleta (Colo. Ct. App. 2021).
— Colo. Rev. Stat. § 18-4-409(4)(c) — 1 case
Peo v. Archuleta (Colo. Ct. App. 2021).
— Colo. Rev. Stat. § 18-4-409(6)(b) — 1 case
Michael Thomas Hupke v. The People of the State of Colorado., 2026 CO 31 (Colo. 2026).
— Colo. Rev. Stat. § 18-4-409(8) — 2 cases
People v. Hopkins, 328 P.3d 253 (Colo. Ct. App. 2013). “Elements of Aggravated Motor Vehicle Theft in the First Degree 112 Section 18-4-409(@2)(a) states that a person commits aggravated motor vehicle theft in the first degree "if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization…”
People v. Garcia, 17 P.3d 820 (Colo. Ct. App. 2000).
— Colo. Rev. Stat. § 18-4-409(8)(a) — 3 cases
People v. Thornton, 251 P.3d 1147 (Colo. Ct. App. 2010). “1, § 18-4-409(8)(a), 1999 Colo. Sess. Laws 1164 (amended 2007).”
Keller v. People, 29 P.3d 290 (Colo. 2000).
People v. Hopkins, 328 P.3d 253 (Colo. Ct. App. 2013). “Elements of Aggravated Motor Vehicle Theft in the First Degree 112 Section 18-4-409(@2)(a) states that a person commits aggravated motor vehicle theft in the first degree "if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization…”
— Colo. Rev. Stat. § 18-4-409(8)(b) — 2 cases
People v. Thornton, 251 P.3d 1147 (Colo. Ct. App. 2010). “1, § 18-4-409(8)(a), 1999 Colo. Sess. Laws 1164 (amended 2007).”
People v. Hopkins, 328 P.3d 253 (Colo. Ct. App. 2013). “Elements of Aggravated Motor Vehicle Theft in the First Degree 112 Section 18-4-409(@2)(a) states that a person commits aggravated motor vehicle theft in the first degree "if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization…”
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