Offenses Against Property

C.R.S. tit. 18, art. 4
in effect

C.R.S. § 18-4-101 Definitions

18-4-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Building" means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present. (2) "Occupied structure" means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not included within the definition of "building" in subsection (1) of this section, and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time he acts in violation of one or more of sections 18-4-102 to 18-4-105. (3) Property is that of "another" if anyone other than the defendant has a possessory or proprietary interest therein. (4) If a building is divided into units for separate occupancy, any unit not occupied by the defendant is a "building of another".

C.R.S. § 18-4-102 First degree arson

18-4-102. First degree arson. (1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson. (2) First degree arson is a class 3 felony if the arson is of an occupied structure, and it is a class 4 felony if the arson is of a building. (3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

C.R.S. § 18-4-103 Second degree arson

18-4-103. Second degree arson. (1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson. (2) Second degree arson is: (a) A petty offense if the value of the property is less than three hundred dollars; (b) A class 2 misdemeanor if the value of the property is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor if the value of the property is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony if the value of the property is two thousand dollars or more but less than five thousand dollars; (e) A class 5 felony if the value of the property is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if the value of the property is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony if the value of the property is one million dollars or more. (3) Repealed.

C.R.S. § 18-4-104 Third degree arson

18-4-104. Third degree arson. (1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson. (2) Third degree arson is a class 5 felony.

C.R.S. § 18-4-105 Fourth degree arson

18-4-105. Fourth degree arson. (1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson. (2) Fourth degree arson is a class 4 felony if a person is thus endangered. (3) Fourth degree arson is: (a) A petty offense if only property is thus endangered and the value of the property is less than three hundred dollars; (b) A class 2 misdemeanor if only property is thus endangered and the value of the property is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor if only property is thus endangered and the value of the property is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony if only property is thus endangered and the value of the property is two thousand dollars or more but less than five thousand dollars; (e) A class 5 felony if only property is thus endangered and the value of the property is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony if only property is thus endangered and the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony if only property is thus endangered and the value of the property is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony if only property is thus endangered and the value of the property is one million dollars or more. (4) Repealed. (5) It shall not be an arson offense pursuant to this section if: (a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and (b) No person suffers any of the following as a result of the fire: (I) Bodily injury; (II) Serious bodily injury; or (III) Death. (6) For purposes of this section, "controlled agricultural burn" means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire.

C.R.S. § 18-4-201 Definitions

18-4-201. Definitions. As used in this article, unless the context otherwise requires: (1) "Premises" means any real estate and all improvements erected thereon. (2) "Separate building" means each unit of a building consisting of two or more units separately secured or occupied. (3) A person "enters unlawfully" or "remains unlawfully" in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. Except as is otherwise provided in section 33-6-116 (1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. In the case of a designated access road not otherwise posted, said notice shall be posted at the entrance to private land and shall be substantially as follows: "ENTERING PRIVATE PROPERTY REMAIN ON ROADS".

C.R.S. § 18-4-202 First degree burglary

18-4-202. First degree burglary. (1) A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon. (2) First degree burglary is a class 3 felony. (3) Repealed.

C.R.S. § 18-4-202.1 Habitual burglary offenders - punishment - legislative declaration

18-4-202.1. Habitual burglary offenders - punishment - legislative declaration. (Repealed)

C.R.S. § 18-4-203 Second degree burglary

18-4-203. Second degree burglary. (1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property. (2) (a) Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business. (b) Second degree burglary is a class 3 felony if: (I) It is a burglary of a dwelling; (II) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or (III) The objective of the burglary is the theft of one or more firearms or ammunition. (c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public. (d) Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.

C.R.S. § 18-4-204 Third degree burglary

18-4-204. Third degree burglary. (1) A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated. (2) Third degree burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept in or upon the property burglarized.

C.R.S. § 18-4-205 Possession of burglary tools

18-4-205. Possession of burglary tools. (1) A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense. (2) Possession of burglary tools is a class 2 misdemeanor, but it is a class 5 felony if the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.

C.R.S. § 18-4-301 Robbery

18-4-301. Robbery. (1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery. (2) Robbery is a class 4 felony.

C.R.S. § 18-4-302 Aggravated robbery

18-4-302. Aggravated robbery. (1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom: (a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or (b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or (c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or (d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed. (2) Repealed. (3) Aggravated robbery is a class 3 felony and is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10). (4) If a defendant is convicted of aggravated robbery pursuant to paragraph (b) of subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

C.R.S. § 18-4-303 Aggravated robbery of controlled substances

18-4-303. Aggravated robbery of controlled substances. (Repealed)

C.R.S. § 18-4-304 Robbery of the elderly or disabled - legislative declaration

18-4-304. Robbery of the elderly or disabled - legislative declaration. (Repealed)

C.R.S. § 18-4-305 Use of photographs, video tapes, or films of property

18-4-305. Use of photographs, video tapes, or films of property. Pursuant to section 13-25-130, C.R.S., photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law governing the admissibility of photographs, video tapes, or films into evidence.

C.R.S. § 18-4-401 Theft

18-4-401. Theft. (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. re. (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. ss. (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.

C.R.S. § 18-4-403 Statutory intent

18-4-403. Statutory intent. If any law of this state refers to or mentions larceny, stealing, embezzlement (except embezzlement of public moneys), false pretenses, confidence games, or shoplifting, that law shall be interpreted as if the word "theft" were substituted therefor; and in the enactment of sections 18-4-401 to 18-4-403 it is the intent of the general assembly to define one crime of theft and to incorporate therein such crimes, thereby removing distinctions and technicalities which previously existed in the pleading and proof of such crimes.

C.R.S. § 18-4-404 Obtaining control over any stolen thing of value - conviction

18-4-404. Obtaining control over any stolen thing of value - conviction. Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.

C.R.S. § 18-4-405 Rights in stolen property

18-4-405. Rights in stolen property. 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.

C.R.S. § 18-4-406 Concealment of goods

18-4-406. Concealment of goods. 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 prima facie evidence that the person intended to commit the crime of theft.

C.R.S. § 18-4-407 Questioning of person suspected of theft without liability

18-4-407. Questioning of person suspected of theft without liability. If any person triggers an alarm or a theft detection device as defined in section 18-4-417 (2) or conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

C.R.S. § 18-4-408 Theft of trade secrets - penalty

18-4-408. Theft of trade secrets - penalty. (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.

C.R.S. § 18-4-409 Motor vehicle theft - definitions

18-4-409. Motor vehicle theft - definitions. (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. 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.

C.R.S. § 18-4-409.5 Unauthorized use of a motor vehicle - definition

18-4-409.5. Unauthorized use of a motor vehicle - definition. (1) A person commits unauthorized use of a motor vehicle if the person obtains or exercises control over the motor vehicle of another person without authorization of the owner and: (a) The person does not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and (b) The motor vehicle is returned to the owner or recovered by law enforcement within twenty-four hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle. (2) Unauthorized use of a motor vehicle is a class 1 misdemeanor; except that a second or subsequent offense for a violation of this section is a class 5 felony. (3) As used in this section, unless the context otherwise requires, "motor vehicle" has the same meaning as defined in section 18-4-409.

C.R.S. § 18-4-411 Transactions for profit in stolen goods

18-4-411. Transactions for profit in stolen goods. If any person obtains control over stolen property knowing or believing the property to have been stolen, and such offense involves two or more separate stolen things of value each of which is the property of a separate owner, such commission of theft constitutes prima facie evidence that the person is engaged in the business of buying, selling, or otherwise disposing of stolen goods for a profit.

C.R.S. § 18-4-411.5 Interagency task force on organized retail theft - legislative declaration - repeal

18-4-411.5. Interagency task force on organized retail theft - legislative declaration - repeal. (Repealed)

C.R.S. § 18-4-412 Theft of medical records or medical information - penalty - definitions

18-4-412. Theft of medical records or medical information - penalty - definitions. (1) Any person who, without proper authorization, knowingly obtains a medical record or medical information with the intent to appropriate the medical record or medical information to his own use or to the use of another, who steals or discloses to an unauthorized person a medical record or medical information, or who, without authority, makes or causes to be made a copy of a medical record or medical information commits theft of a medical record or medical information. (2) As used in this section: (a) "Medical record" means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health-care services, including medical marijuana services, performed at the direction of a physician or other licensed health-care provider on behalf of a patient by physicians, dentists, nurses, service providers, emergency medical service providers, mental health professionals, prehospital providers, or other health-care personnel. "Medical record" includes such diagnostic documentation as X rays, electrocardiograms, electroencephalograms, and other test results. "Medical record" includes data entered into the prescription drug monitoring program under section 12-280-403. (b) "Medical information" means any information contained in the medical record or any information pertaining to the medical, mental health, and health-care services performed at the direction of a physician or other licensed health-care provider which is protected by the physician-patient privilege established by section 13-90-107 (1)(d), C.R.S. (c) "Proper authorization" means: (I) A written authorization signed by the patient or his or her duly designated representative; or (II) An appropriate order of court; or (III) Authorized possession pursuant to law or regulation for claims processing, possession for medical audit or quality assurance purposes, possession by a consulting physician to the patient, or possession by hospital personnel for record-keeping and billing purposes; or (IV) Authorized possession pursuant to section 18-3-415, 18-3-415.5, 25-1-122, or 30-10-606 (6), C.R.S.; or (V) Authorized possession by a law enforcement officer or agency, acting in official capacity and pursuant to an official investigation. (d) "Copy" means any facsimile, replica, photograph, sound recording, magnetic or electronic recording, or other reproduction of a medical record and any note, drawing, or sketch made of or from a medical record. (3) Theft of a medical record or medical information is a class 1 misdemeanor; except that if the person steals or discloses the medical record or information to an unauthorized person, it is a class 5 felony. (4) The obtaining, accessing, use, or disclosure of relevant medical records or medical information pursuant to 18 U.S.C. sec. 922 (t) and sections 24-33.5-424, 13-5-142, and 13-9-123, C.R.S., by the Colorado bureau of investigation, the clerk of the court of any judicial district in the state, the clerk of the probate court of the city and county of Denver, or by any of their employees and accessing such records and information through the NICS system shall not constitute theft of a medical record or medical information under this section. (5) This section shall not apply to covered entities, their business associates, or health oversight agencies as each is defined in the federal "Health Insurance Portability and Accountability Act of 1996" as amended by the federal "Health Information Technology for Economic and Clinical Health Act" and the respective implementing regulations.

C.R.S. § 18-4-413 Mandatory sentencing for repeated felony theft from a store - store defined

18-4-413. Mandatory sentencing for repeated felony theft from a store - store defined. (1) For purposes of this section and section 18-4-414, "store" means any establishment primarily engaged in the sale of goods at retail. (2) Any person convicted of felony theft, which felony theft was from a store, who within the immediately preceding four years was twice convicted of felony theft, which felony theft was each time from a store, shall be sentenced to at least the minimum term provided for such offense. A person convicted under this section shall not be eligible for probation or suspension of sentence. (3) The mandatory sentencing requirements specified in subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401 (4).

C.R.S. § 18-4-414 Evidence of value

18-4-414. Evidence of value. (1) For purposes of this part 4, when theft occurs from a store, evidence of the retail value of the thing involved shall be prima facie evidence of the value of the thing involved. Evidence offered to prove retail value may include, but shall not be limited to, affixed labels and tags, signs, shelf tags, and notices. (2) For the purposes of this part 4, in all cases where theft occurs, evidence of the value of the thing involved may be established through the sale price of other similar property and may include, but shall not be limited to, testimony regarding affixed labels and tags, signs, shelf tags, and notices tending to indicate the price of the thing involved. Hearsay evidence shall not be excluded in determining the value of the thing involved.

C.R.S. § 18-4-415 Use of photographs, video tapes, or films of property

18-4-415. Use of photographs, video tapes, or films of property. Pursuant to section 13-25-130, C.R.S., photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law governing the admissibility of photographs, video tapes, or films into evidence.

C.R.S. § 18-4-416 Theft by resale of a lift ticket or coupon

18-4-416. Theft by resale of a lift ticket or coupon. Any unauthorized person who, with the intent to profit therefrom, resells or offers to resell any ticket, pass, badge, pin, coupon, or other device that then entitles the bearer to the use, benefit, or enjoyment of any skiing service or skiing facility commits a civil infraction. A peace officer must not, under any circumstances, arrest a person being charged with this civil infraction, and a summons to the appropriate court of jurisdiction must be issued to the accused person.

C.R.S. § 18-4-417 Unlawful acts - theft detection devices

18-4-417. Unlawful acts - theft detection devices. (1) (a) It is unlawful for any person to knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating device with the knowledge that some person intends to use the device in the commission of an offense involving theft. (b) It is unlawful for any person to possess a theft detection shielding device or a theft detection deactivating device 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. (c) It is unlawful for any person to knowingly deactivate or remove a theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase. (2) As used in this section: (a) "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 deactivating device" includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices. (b) "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. (c) "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, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices. (3) Any person who violates any of the provisions of subsection (1) of this section commits a class 2 misdemeanor.

C.R.S. § 18-4-420 Chop shop activity - ownership or operation of a chop shop - altered or removed identification number - penalties - definitions

18-4-420. Chop shop activity - ownership or operation of a chop shop - altered or removed identification number - penalties - definitions. (1) A person commits ownership or operation of a chop shop if he or she knowingly: (a) Owns or operates a chop shop, knowing that it is a chop shop, or conspires with another person to own or operate a chop shop, knowing that it is a chop shop; (b) Transports an unlawfully obtained motor vehicle or major component motor vehicle part to or from a chop shop, knowing that it is a chop shop; or (c) Sells or transfers to, or purchases or receives from, a chop shop, knowing that it is a chop shop, an unlawfully obtained motor vehicle or major component motor vehicle part. (2) A violation of paragraph (a) of subsection (1) of this section is a class 4 felony. A violation of paragraph (b) or (c) of subsection (1) of this section is a class 5 felony. (3) (a) A person commits altering or removing a vehicle identification number if he or she knowingly: (I) Removes, changes, alters, counterfeits, defaces, destroys, disguises, falsifies, forges, or obliterates the vehicle identification number, manufacturer's number, or engine number of a motor vehicle or major component motor vehicle part with an intent to misrepresent the identity or prevent the identification of a motor vehicle or major component motor vehicle part; or (II) Possesses, purchases, disposes of, sells, or transfers a motor vehicle or a major component motor vehicle part with knowledge that it contains a removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated vehicle identification number, manufacturer's number, or engine number unless such motor vehicle or major component motor vehicle part is otherwise in compliance with the provisions of section 42-5-110, C.R.S. (b) This subsection (3) does not apply to a private party or to an agent of a private party that is acting with the authorization of a law enforcement agency to lawfully seize, retain, recycle, transport, or otherwise dispose of a motor vehicle or major component motor vehicle part with a vehicle identification number, manufacturer number, or engine number that is removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated. (4) Altering or removing a vehicle identification number is a class 5 felony. (5) As used in this section, unless the context otherwise requires: (a) "Chop shop" means any building, lot, facility, or other structure or premise where: (I) Any person or persons possess, receive, store, disassemble, or alter, including the alteration or concealment of any identifying feature or number, an unlawfully obtained motor vehicle or major component motor vehicle part for the purpose of using, selling, or disposing of the motor vehicle or major component motor vehicle part; or (II) Two or more unlawfully obtained motor vehicles are present for the purpose of alteration, sale, or disposal; or (III) Six or more unlawfully obtained major component motor vehicle parts from two or more motor vehicles are present for the purpose of alteration, sale, or disposal. rt for the purpose of using, selling, or disposing of the motor vehicle or major component motor vehicle part; or (II) Two or more unlawfully obtained motor vehicles are present for the purpose of alteration, sale, or disposal; or (III) Six or more unlawfully obtained major component motor vehicle parts from two or more motor vehicles are present for the purpose of alteration, sale, or disposal. (b) "Major component motor vehicle part" means any of the following parts of a motor vehicle: (I) The engine; (II) The transmission; (III) A front fender; (IV) The hood; (V) Any door allowing entrance to or egress from the passenger compartment of the vehicle; (VI) The front or rear bumper; (VII) A rear quarter panel; (VIII) The deck lid, tailgate, or hatchback; (IX) The trunk floor pan; (X) The cargo box of a pickup truck; (XI) The frame, or if the vehicle has a unitized body, the supporting structure or structures that serve as the frame; (XII) The cab of a truck; (XIII) The body of a passenger vehicle; (XIV) An airbag or airbag assembly; (XV) A wheel or tire; (XVI) A catalytic converter; or (XVII) Any other part of a motor vehicle that is comparable in design or function to any of the parts that have been listed, or that have been labeled with a unique traceable identification number. (c) "Motor vehicle" means all vehicles of whatever description that are propelled by any power other than muscular power; except that "motor vehicle" does not include vehicles that run on rails. (d) "Unlawfully obtained" means obtained by theft, fraud, or deceit or obtained without the permission of the owner.

C.R.S. § 18-4-501 Criminal mischief

18-4-501. Criminal mischief. (1) A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode. (2) and (3) Repealed. (4) Criminal mischief is: (a) A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars; (b) A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than one thousand dollars; (c) A class 1 misdemeanor when the aggregate damage to the real or personal property is one thousand dollars or more but less than two thousand dollars; (d) A class 6 felony when the aggregate damage to the real or personal property is two thousand dollars or more but less than five thousand dollars; (e) A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars; (f) A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars; (g) A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and (h) A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.

C.R.S. § 18-4-502 First degree criminal trespass

18-4-502. First degree criminal trespass. (1) A person commits the crime of first degree criminal trespass if such person: (a) Knowingly and unlawfully enters or remains in a dwelling of another; or (b) Enters any motor vehicle with intent to commit a crime therein. (2) (a) First degree criminal trespass committed pursuant to subsection (1)(a) of this section is a class 1 misdemeanor, but it is a class 6 felony if the dwelling is inhabited or occupied. (b) First degree criminal trespass committed pursuant to subsection (1)(b) of this section is a class 1 misdemeanor.

C.R.S. § 18-4-503 Second degree criminal trespass

18-4-503. Second degree criminal trespass. (1) A person commits the crime of second degree criminal trespass if such person: (a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or (b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or (c) Knowingly and unlawfully enters or remains in a motor vehicle of another. (2) (a) Second degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this section is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon. (b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor. (3) Repealed.

C.R.S. § 18-4-504 Third degree criminal trespass

18-4-504. Third degree criminal trespass. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another. (2) Third degree criminal trespass is a petty offense, but: (a) Repealed. (b) It is a class 5 felony if the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon; except that it is a class 6 felony if the agricultural land did not have a fence securing the perimeter.

C.R.S. § 18-4-504.5 Definition of premises

18-4-504.5. Definition of premises. As used in sections 18-4-503 and 18-4-504, "premises" means real property, buildings, and other improvements thereon, and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property.

C.R.S. § 18-4-505 First degree criminal tampering

18-4-505. First degree criminal tampering. Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of first degree criminal tampering if, with intent to cause interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person tampers with property of a utility or institution. First degree criminal tampering is a class 2 misdemeanor.

C.R.S. § 18-4-506 Second degree criminal tampering

18-4-506. Second degree criminal tampering. Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of second degree criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility. Second degree criminal tampering is a class 2 misdemeanor.

C.R.S. § 18-4-506.3 Tampering with equipment associated with oil or gas gathering operations - penalty

18-4-506.3. Tampering with equipment associated with oil or gas gathering operations - penalty. (1) Any person who in any manner knowingly destroys, breaks, removes, or otherwise tampers with or attempts to destroy, break, remove, or otherwise tamper with any equipment associated with oil or gas gathering operations commits a class 2 misdemeanor. (2) Any person who in any manner, without the consent of the owner or operator, knowingly alters, obstructs, interrupts, or interferes with or attempts to alter, obstruct, interrupt, or interfere with the action of any equipment used or associated with oil or gas gathering operations commits a class 2 misdemeanor.

C.R.S. § 18-4-506.5 Tampering with a utility meter - penalty

18-4-506.5. Tampering with a utility meter - penalty. (1) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service pipe, or other medium conducting or supplying gas, water, or electricity to any building without the knowledge and consent of the person supplying such gas, water, or electricity commits a class 2 misdemeanor. (2) Any person who in any manner alters, obstructs, or interferes with the action of any meter provided for measuring or registering the quantity of gas, water, or electricity passing through said meter without the knowledge and consent of the person owning said meter commits a class 2 misdemeanor. (3) Nothing in this section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.

C.R.S. § 18-4-507 Defacing or destruction of written instruments

18-4-507. Defacing or destruction of written instruments. Every person who defaces or destroys any written instrument evidencing a property right, whether vested or contingent, with the intent to defraud commits a class 2 misdemeanor.

C.R.S. § 18-4-508 Defacing, destroying, or removing landmarks, monuments, or accessories

18-4-508. Defacing, destroying, or removing landmarks, monuments, or accessories. (1) Any person who knowingly cuts, fells, alters, or removes any certain boundary tree knowing such is a boundary tree, monument, or other allowed landmark, to the damage of any person, or any person who intentionally defaces, removes, pulls down, injures, or destroys any location stake, side post, corner post, landmark, or monument, or any other legal land boundary monument in this state, designating or intending to designate the location, boundary, or name of any mining claim, lode, or vein of mineral, or the name of the discoverer or date of discovery thereof, commits a class 2 misdemeanor. (2) Any person who knowingly removes or knowingly causes to be removed any public land survey monument, as defined by section 38-53-103 (18), C.R.S., or control corner, as defined in section 38-53-103 (6), C.R.S., or a restoration of any such monument or who knowingly removes or knowingly causes to be removed any bearing tree knowing such is a bearing tree or other accessory, as defined by section 38-53-103 (1), C.R.S., even if said person has title to the land on which said monument or accessory is located, commits a class 2 misdemeanor unless, prior to such removal, said person has caused a Colorado professional land surveyor to establish at least two witness corners or reference marks for each such monument or accessory removed and has filed or caused to be filed a monument record pursuant to article 53 of title 38, C.R.S.

C.R.S. § 18-4-509 Defacing a cave - definitions

18-4-509. Defacing a cave - definitions. (1) (a) and (b) Repealed. (c) (I) Any person who, with regard to a cave that is public property or the property of another, knowingly performs any of the following acts without the consent of the owner commits the crime of defacing property: (A) Breaking or damaging any lock, fastening, door, or structure designed to enclose or protect any such cave; (B) Defacing, damaging, or breaking from any part of such cave any cave resource; or (C) Removing from such cave any cave resource. (II) For purposes of this section: (A) "Cave" means any naturally occurring void, cavity, recess, lava tube, or system of interconnected passages that occurs beneath the surface of the earth or within a cliff or ledge, including any cave resource therein, but not including any mine, tunnel, aqueduct, or other artificial excavation, and that is large enough to permit an individual to enter, regardless of whether the entrance is naturally formed or has been artificially created or enlarged. "Cave" includes any natural pit, sinkhole, or other feature that is an extension of the entrance. (B) "Cave resource" includes any material or substance occurring naturally in caves, such as animal life, plant life, paleontological deposits, sediments, minerals, speleogens, and speleothems. (B.5) "Juvenile" has the same meaning as set forth in section 19-2.5-102. (C) "Speleogen" means relief features on the walls, ceiling, or floor of any cave that are part of the surrounding rock, including, but not limited to, anastomoses, scallops, meander niches, petromorphs, and rock pendants in solution caves and similar features unique to volcanic caves. (D) "Speleothem" means any natural mineral formation or deposit occurring in a cave, including, but not limited to, any stalactite, stalagmite, helictite, cave flower, flowstone, concretion, drapery, rimstone, or formation of clay or mud. (2) (a) (I) Defacing a cave is a class 2 misdemeanor. (II) In sentencing a person who violates this section, the court has discretion to impose alternatives in sentencing as described in part 1 of article 1.3 of this title 18, including but not limited to restorative justice practices, as defined in section 18-1-901 (3)(o.5), or in the case of a juvenile offender, to impose restorative justice, as defined in section 19-2.5-102. (III) Repealed. (IV) Fifty percent of the fines collected pursuant to this subsection (2)(a) shall be credited to the highway users tax fund, created in section 43-4-201, and allocated and expended as specified in section 43-4-205 (5.5)(a), and fifty percent of the fines collected pursuant to this subsection (2)(a) shall be credited to the juvenile diversion cash fund created in section 19-2.5-403; except that the fines collected pursuant to subsection (1)(c) of this section shall be credited to the Colorado travel and tourism promotion fund created in section 24-49.7-106. (b) Any person convicted of defacing property pursuant to paragraph (b) or (c) of subsection (1) of this section shall be ordered by the court to personally make repairs to any property damaged, or properties similarly damaged, if possible. If the property cannot be repaired, the court shall order a person convicted of defacing property to replace or compensate the owner for the damaged property but may, in the case of a violation of paragraph (b) of subsection (1) of this section, limit such compensation to two thousand five hundred dollars. (c) Repealed.

C.R.S. § 18-4-510 Defacing posted notice

18-4-510. Defacing posted notice. Any person who knowingly mars, destroys, or removes any posted notice authorized by law commits a civil infraction.

C.R.S. § 18-4-511 Littering of public or private property - repeal

18-4-511. Littering of public or private property - repeal. (1) Any person who deposits, throws, or leaves any litter on any public or private property or in any waters commits littering. (2) It shall be an affirmative defense that: (a) Such property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property; or (b) The litter is placed in a receptacle or container installed on such property for that purpose; or (c) Such person is the owner or tenant in lawful possession of such property, or he has first obtained written consent of the owner or tenant in lawful possession, or the act is done under the personal direction of said owner or tenant. (3) (a) The term "litter" as used in this section means all rubbish, waste material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid, of every form, size, kind, and description. (b) The phrase "public or private property" as used in this section includes, but is not limited to, the right-of-way of any road or highway, any body of water or watercourse, including frozen areas or the shores or beaches thereof, any park, playground, or building, any refuge, conservation, or recreation area, and any residential, farm, or ranch properties or timberlands. (4) (a) Except as otherwise provided in subsection (4)(b)(I) of this section and sections 33-15-108 (2) and 42-4-1406, littering is a civil infraction punishable, upon conviction, notwithstanding the provisions of section 18-1.3-503, by a mandatory fine of not less than twenty dollars nor more than five hundred dollars upon a first conviction, by a mandatory fine of not less than fifty dollars nor more than one thousand dollars upon a second conviction, and by a mandatory fine of not less than one hundred dollars nor more than one thousand dollars upon a third or subsequent conviction. (b) (I) On and after January 1, 2020, the mandatory fines specified in subsection (4)(a) of this section are adjusted annually by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index. Notwithstanding any other provision of law, the clerk of the court shall transmit the amount of the fine attributable to the adjustment specified in this subsection (4)(b)(I) to the state treasurer, who shall credit the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4). (II) This subsection (4)(b) is repealed, effective September 1, 2032. (5) It is in the discretion of the court, upon the conviction of any person and the imposition of a fine under this section, to suspend any or all of the fine in excess of the mandatory minimum fine upon the condition that the convicted person gather and remove from specified public property or specified private property, with prior permission of the owner or tenant in lawful possession thereof, any litter found thereon, or upon the condition that the convicted person pick up litter at a time prescribed by and a place within the jurisdiction of the court for not less than eight hours upon a first conviction or for not less than sixteen hours upon a second or subsequent conviction. (6) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom. of the court for not less than eight hours upon a first conviction or for not less than sixteen hours upon a second or subsequent conviction. (6) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle in violation of this section, the operator of said motor vehicle is presumed to have caused or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom. (7) In addition to those law enforcement officers and agencies of this state and the political subdivisions thereof authorized to enforce this section, the officers of the Colorado state patrol and the district wildlife managers and other commissioned officers of the division of parks and wildlife are expressly authorized, empowered, and directed to enforce the provisions of this section. (8) Any time a person is charged with committing littering, the peace officer shall issue a summons and complaint for the person's appearance in court. Notwithstanding section 16-2.3-102, a peace officer shall not issue a penalty assessment for littering.

C.R.S. § 18-4-512 Abandonment of a motor vehicle

18-4-512. Abandonment of a motor vehicle. (1) Any person who abandons any motor vehicle upon a street, highway, right-of-way, or any other public property, or upon any private property without the express consent of the owner or person in lawful charge of that private property commits abandonment of a motor vehicle. (2) To "abandon" means to leave a thing with the intention not to retain possession of or assert ownership over it. The intent need not coincide with the act of leaving. (3) It is prima facie evidence of the necessary intent that: (a) The motor vehicle has been left for more than seven days unattended and unmoved; or (b) License plates or other identifying marks have been removed from the motor vehicle; or (c) The motor vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or (d) The owner has been notified by a law enforcement agency to remove the motor vehicle, and it has not been removed within three days after notification. (4) Abandonment of a motor vehicle is a petty offense.

C.R.S. § 18-4-513 Criminal use of a noxious substance

18-4-513. Criminal use of a noxious substance. (1) Any person who deposits on the land or in the building or vehicle of another, without the other person's consent, any stink bomb or device, irritant, or offensive-smelling substance with the intent to interfere with another's use or enjoyment of the land, building, or vehicle commits a civil infraction. (2) It shall be an affirmative defense that a peace officer in the performance of his duties reasonably used a noxious substance.

C.R.S. § 18-4-514 Use of photographs, video tapes, or films of property

18-4-514. Use of photographs, video tapes, or films of property. Pursuant to section 13-25-130, C.R.S., photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law governing the admissibility of photographs, video tapes, or films into evidence.

C.R.S. § 18-4-515 Entry to survey property - exception to criminal trespass

18-4-515. Entry to survey property - exception to criminal trespass. (1) Effective July 1, 1992, no person shall be in violation of the trespass laws of this part 5 if the requirements of this section are met. The provisions of this section provide an exception to the trespass laws only and do not affect or supersede the provisions and requirements of articles 1 to 7 of title 38, C.R.S., concerning condemnation proceedings, notwithstanding any laws to the contrary. (2) Any person who is licensed as a professional land surveyor pursuant to section 12-120-313, or who is under the direct supervision of such a person as an employee, agent, or representative, may enter public or private land to investigate and utilize boundary evidence and to perform boundary surveys if the notice requirement in this subsection (2) is met. The notice of the pending survey shall contain the identity of the party for whom the survey is being performed and the purpose for which the survey will be performed, the employer of the surveyor, the identity of the surveyor, the dates the land will be entered, the time, location, and timetable for such entry, the estimated completion date, the estimated number of entries that will be required, and a statement requesting the landowner to provide the surveyor with the name of each person who occupies the land as a tenant or lessee, whether on a permanent or a temporary basis. Nothing in this subsection (2) shall be deemed to confer liability upon a landowner who fails or refuses to provide such requested statement. At least fourteen days before the desired date of entry, the professional land surveyor shall cause such notice to be given to the landowner by certified mail, return receipt requested, and by regular mail. Any landowner may waive the requirement that notice be given by certified mail, return receipt requested, and by regular mail. The waivers described in this subsection (2) may be given orally or in writing. (3) If a landowner does not acknowledge receipt of the notice within fourteen days of such receipt, the professional land surveyor or other persons described in subsection (2) of this section shall have the right to enter the land pursuant to the specifications given in the notice. If a landowner acknowledges receipt of the notice within fourteen days of receipt, such landowner has the right to modify the time and other provisions of the surveyor's access, as long as such modifications do not unreasonably restrict completion of the survey. (4) All persons described in subsection (2) of this section who enter land pursuant to and for a purpose described in this section shall carry upon their person at all times during entry and stay upon the land sufficient identification to identify themselves and their employer or principal, and shall present such identification upon request. (5) Persons described in subsection (2) of this section shall be liable for actual damages caused during entry and stay upon a landowner's land. No professional land surveyor or person under such surveyor's direct supervision shall have a civil cause of action against a landowner or lessee for personal injury or property damage incurred while on the land for purposes consistent with those described in subsection (2) of this section, except when such damages and injury were willfully or deliberately caused by the landowner.

C.R.S. § 18-4-516 Criminal operation of a device in motion picture theater

18-4-516. Criminal operation of a device in motion picture theater. (1) A person who, while within a motion picture theater, knowingly operates an audiovisual recording function of a device for the purpose of recording a motion picture, while a motion picture is being exhibited, without the consent of the owner or lessee of the motion picture theater, commits the offense of criminal operation of a device in a motion picture theater. (2) Criminal operation of a device in a motion picture theater is a civil infraction. (3) If a person operates or appears to operate an audiovisual recording function for the purpose of recording a motion picture in a motion picture theater, the owner or lessee of a facility in which a motion picture is being exhibited, or the authorized agent or employee of the owner of lessee, or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of criminal operation of a device in motion picture theater. Such questioning of a person by the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, or peace or police officer does not render the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, or peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention. (4) This section does not prevent a lawfully authorized investigative, law enforcement, or intelligence-gathering employee or agent of the state or federal government, while operating within the scope of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities, from operating an audiovisual recording function of a device in a motion picture theater. (5) Nothing in this section prevents prosecution under any other provision of law providing for greater penalty. (6) As used in this section: (a) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology now known or hereafter developed. (b) "Motion picture theater" means a movie theater, screening room, or other venue when used primarily for the exhibition of motion pictures.

C.R.S. § 18-4-601 Definitions

18-4-601. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized sound or audio-visual recordings corresponding to the number of nonconforming recorded articles involved in the offense. Proof of the specific wholesale value of each nonconforming device shall not be required. (1.3) "Article" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard drive, data storage device, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates, in whole or in part, the original. (1.5) "Copyright" means the ownership rights that accrue to an owner and relate solely to the common law copyright accruing to such owner. The term "copyright" does not include a federal copyright, which inures to the benefit of owners pursuant to Public Law 92-140, as amended by Public Law 93-573, which became effective February 15, 1972. For the purposes of this part 6, no common law copyright shall exist for a period longer than fifty-six years after an original copyright accrues to an owner. (1.7) "Manufacturer" means the person who actually makes a recording or causes a recording to be made. "Manufacturer" does not include a person who manufactures a medium upon which sounds or images can be recorded or stored, or who manufactures the cartridge or casing itself, unless such person actually makes the recording or causes the recording to be made. (2) "Owner" means the person who owns the copyright on the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded and from which the transferred recorded sounds are directly derived. (3) "Person" means any individual, firm, partnership, corporation, or association.

C.R.S. § 18-4-602 Unlawful transfer for sale

18-4-602. Unlawful transfer for sale. (1) A person who knowingly and without the consent of the owner transfers any copyrighted sounds recorded on a phonograph record, video disc, wire, tape, film, or other article on which sounds are recorded with the intent to sell such article on which such sounds are so transferred or to cause the same to be sold for profit or to be used to promote the sale of any product commits unlawful transfer for sale. (2) Unlawful transfer for sale is a class 6 felony.

C.R.S. § 18-4-603 Unlawful trafficking in unlawfully transferred articles

18-4-603. Unlawful trafficking in unlawfully transferred articles. (1) A person who knowingly, or who reasonably should have such knowledge, advertises, offers for sale or resale, sells or resells, distributes, or possesses for any of the purposes provided in this subsection (1) any article that has been transferred without consent of the owner as provided in section 18-4-602 commits unlawful trafficking in unlawfully transferred articles. (2) Each act of unlawful trafficking in unlawfully transferred articles is a petty offense.

C.R.S. § 18-4-604 Dealing in unlawfully packaged recorded articles

18-4-604. Dealing in unlawfully packaged recorded articles. (1) A person who knowingly and for commercial advantage or private financial gain advertises, offers for sale or resale, sells or resells, transports, or possesses for any of the purposes provided in this subsection (1) any article on which sounds are recorded, the cover, box, jacket, or label of which does not clearly and conspicuously disclose the actual name and address of the manufacturer, commits dealing in unlawfully packaged recorded articles. (2) Dealing in unlawfully packaged recorded articles is a petty offense. If the offense involves more than one hundred unlawfully packaged recorded articles or the offense is a second or subsequent offense, the court shall assess a fine of at least one thousand dollars.

C.R.S. § 18-4-604.3 Unlawful recording of a live performance

18-4-604.3. Unlawful recording of a live performance. (1) A person who, without the consent of the owner of the right to record a live performance, records or causes to be recorded the live performance on a phonograph record, compact disc, video disc, wire, tape, film, or other article on which a live performance is recorded with the intent to sell the article on which the live performance is recorded or to cause the same to be sold for profit or to be used to promote the sale of any product commits unlawful recording of a live performance. (2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance are presumed to own the rights to record the live performance. (3) For purposes of this section, a person who is authorized to maintain custody and control of business records that reflect whether the owner of the live performance consented to having the live performance recorded is a competent witness in a proceeding regarding the issue of consent. (4) Unlawful recording of a live performance is a petty offense. (5) As used in this section, "live performance" means a recitation, rendering, or playing of a series of images, musical, spoken, or other sounds, or a combination of images and sounds, in an audible sequence.

C.R.S. § 18-4-604.7 Trafficking in unlawfully recorded live performance

18-4-604.7. Trafficking in unlawfully recorded live performance. (1) A person who knows or reasonably should know that an article has been recorded in violation of section 18-4-604.3 and advertises, offers for sale or resale, sells or resells, or distributes the article, or possesses the article for any of the said purposes, commits trafficking in an unlawfully recorded live performance. (2) Each act of trafficking in an unlawfully recorded live performance is a class 2 misdemeanor.

C.R.S. § 18-4-605 Applicability

18-4-605. Applicability. (1) This part 6 shall not apply to: (a) Any broadcaster who, in connection with or as part of a radio, television, or cable broadcast transmission or for the purpose of archival preservation, transfers any copyrighted sounds recorded on a sound recording; (b) Any person who transfers copyrighted sounds in the home for personal use and without compensation for such transfer. (2) This part 6 shall neither enlarge nor diminish the rights of the respective parties in a civil litigation concerning the subject matter of this part 6.

C.R.S. § 18-4-606 Confiscation and disposition of items

18-4-606. Confiscation and disposition of items. (1) A law enforcement officer shall, upon discovery, confiscate all unlawfully labeled, transferred, or recorded articles possessed for the purposes of selling or distributing in violation of this part 6 and all equipment and components used or intended to be used to knowingly and unlawfully transfer, manufacture, or record articles for the purposes of selling or distributing in violation of this part 6. (2) Notwithstanding any other provision of law, recorded articles and equipment and components that are confiscated pursuant to subsection (1) of this section are contraband and shall be delivered to the district attorney in the county in which the confiscation was made. Upon conviction of the person, the district attorney may request a court order for destruction of the recorded articles and a court order for distribution of the equipment and components. Upon conviction of the person and motion of the district attorney, the court shall order the recorded articles to be destroyed or otherwise disposed of if the court finds that the person claiming title to the recorded articles possessed the recorded articles for the purposes of selling or distributing in violation of this part 6. The court shall order the equipment and components distributed to a charitable or educational organization if the court finds that the person claiming title to the equipment possessed the equipment to record nonconforming articles for the purposes of selling or distributing in violation of this part 6.

C.R.S. § 18-4-607 Restitution

18-4-607. Restitution. Notwithstanding any other provision of law, upon conviction of a violation of this part 6, the convicted person shall be ordered to make restitution to the owner or lawful producer of the master sound or audio-visual recording, or to the trade association representing the owner or lawful producer who suffered injury resulting from the crime. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recorded articles involved in the offense unless a greater value can be proven. The order of restitution shall also include investigative costs relating to the offense.

C.R.S. § 18-4-701 Theft of cable service - definitions

18-4-701. Theft of cable service - definitions. (1) As used in this part 7, unless the context otherwise requires: (a) "Cable operator" means any person who: (I) Provides cable service over a cable system in which such person directly or through one or more affiliates owns a significant interest; or (II) Controls or is responsible for the management and operation of such cable system through any arrangement. (b) "Cable service" means: (I) The one-way transmission to subscribers of a video programming service; (II) Two-way interactive services delivered over a cable system; (III) Subscriber interaction, if any, that is required for the selection or use of such video programming or interactive service. (c) "Cable system" means a facility consisting of a set of closed transmission paths and associated signal operation, reception, and control equipment that is designed to provide cable service. (2) A person commits theft of cable service if such person knowingly: (a) Obtains cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive such cable operator of lawful compensation for the services rendered; (b) (I) Makes or maintains, without authority from or payment to a cable operator, a connection or connections, whether physical, electrical, mechanical, acoustical, or otherwise with any cable, wire, component, or other device used for the distribution of cable services. (II) Notwithstanding subparagraph (I) of this paragraph (b), this paragraph (b) shall not include circumstances where a person has attached a wire or cable to extend service that the person has paid for or that has been authorized to an additional outlet, or where the cable operator has failed to disconnect a previously authorized cable service. (c) Modifies, alters, or maintains a modification or alteration to a device installed or capable of being installed with the authorization of a cable operator, which modification or alteration is for the purpose of intercepting or receiving cable service carried by such cable operator without authority from or payment to such cable operator; (d) Possesses without authority, with the intent to receive cable operator services without authorization from or payment to a cable operator, a device or printed circuit board designed in whole or in part to facilitate the following acts: (I) To receive cable services offered for sale over a cable system; or (II) To perform or facilitate the performance of any act set forth in paragraphs (a) to (c) of this subsection (2). (e) Manufactures, imports into this state, distributes, sells, leases, or offers or advertises for sale or lease, with the intent to receive cable services or with the intent to promote the reception of cable services without payment or authorization from a cable operator, any device, printed circuit board, or plan or kit for a device or printed circuit board designed in whole or in part to facilitate the following acts: (I) To receive any cable services offered for sale over a cable system; or (II) To perform or facilitate the performance of any act set forth in paragraphs (a) to (c) of this subsection (2). (f) Fails to return or surrender equipment used to receive cable service and provided by a cable operator, after such service has been terminated for any reason. (3) This section does not apply to satellite dishes. (4) Any person who violates this section commits a petty offense.

C.R.S. § 18-4-702 Civil action - damages

18-4-702. Civil action - damages. (1) (a) A licensed or duly permitted cable operator may bring a civil action for damages against any person who commits civil theft of cable service. (b) Civil theft of cable service is the willful or intentional commission of any act described in section 18-4-701 (2). (c) No plaintiff that files an action pursuant to this section for theft of cable services shall be required to plead damages with particularity as a condition precedent for maintaining such an action. (d) There is a rebuttable presumption that a violation of section 18-4-701 (2)(a) has occurred if there exists in the actual possession of the person a device that permits the reception of unauthorized cable services for which no payment has been made to a cable operator and no legitimate purpose exists. (e) There is a rebuttable presumption that a violation of section 18-4-701 (2)(b) has occurred if cable service to the person's business or residential property was disconnected by a cable operator, notification of such action by certified mail was provided to such person, and a connection of such service exists at such person's business or residential property after the date of the disconnection. (f) There is a rebuttable presumption that a violation of section 18-4-701 (2)(c) has occurred if the cable operator, as a matter of standard procedure: (I) Places written warning labels on its converters or decoders explaining that tampering with such devices is a violation of law and a converter or decoder is found to have been tampered with, altered, or modified so as to allow the reception or interception of cable services without authority from or payment to a cable operator; or (II) Seals its converters or decoders with a label or mechanical device and the label or device has been removed or broken. (g) There is a rebuttable presumption that a violation of section 18-4-701 (2)(d) has occurred if a person possesses ten or more devices or printed circuit boards. If such rebuttable presumption is not overcome, the court shall find that such person committed civil theft of cable service willfully and for purposes of commercial advantage and shall increase the damages award in accordance with paragraph (a) of subsection (3) of this section. (h) There is a rebuttable presumption that a violation of section 18-4-701 (2)(e) has occurred if the person, while engaging in any of the prohibited acts, made apparent to the buyer that the product would enable the buyer to obtain cable service without payment to a cable operator. If such rebuttable presumption is not overcome, the court shall find that such person committed civil theft of cable service willfully and for purposes of commercial advantage and shall increase the damages award in accordance with paragraph (a) of subsection (3) of this section. (i) There is a rebuttable presumption that a violation of section 18-4-701 (2)(f) has occurred if a cable operator mailed by certified mail to the person, at the provided address, a written demand requesting the return of an operator-owned converter, decoder, or other device and the person failed to return said device or to make reasonable arrangements to do so within fifteen days after the date of such notice. Such reasonable arrangements may include requesting that the cable operator collect the equipment, subject to the cable operator's policies. (2) In any civil action brought pursuant to this section, a cable operator shall be entitled, upon proof of civil theft of cable service, to recover the greater of the following amounts as damages: (a) Four thousand dollars; or fter the date of such notice. Such reasonable arrangements may include requesting that the cable operator collect the equipment, subject to the cable operator's policies. (2) In any civil action brought pursuant to this section, a cable operator shall be entitled, upon proof of civil theft of cable service, to recover the greater of the following amounts as damages: (a) Four thousand dollars; or (b) Three times the amount of any actual damages sustained. (3) (a) Notwithstanding any provision of subsection (2) of this section to the contrary, a court may increase the award of damages in any civil action brought pursuant to this section by an amount of not more than fifty thousand dollars if such court finds that civil theft of cable service was committed willfully and for the purpose of commercial advantage. (b) In any civil action described in paragraph (a) of this subsection (3), a cable operator need not prove that the final purchaser actually used the device, plan, kit, or printed circuit board without authorization from or payment to a cable operator. (c) No attempt by a person to limit or shift legal liability in an action described in this subsection (3) by requiring purchasers to sign a disclaimer acknowledging their responsibility to report use of a device, plan, kit, or printed circuit board to a cable operator shall be effective, and any such disclaimer shall be void. (d) (Deleted by amendment, L. 98, p. 830, § 57, effective August 5, 1998.) (4) In any action for civil theft of cable service, the prevailing party shall be awarded reasonable attorney fees and direct costs incurred as a result of such theft, including, but not limited to, the costs of any investigation, disconnection or reconnection, service calls, employees, equipment, and expert witnesses and costs of the civil action. (5) A cable operator may seek an injunction to enjoin or restrain a violation of this section and damages arising from such violation in the same action.

C.R.S. § 18-4-703 Severability

18-4-703. Severability. If any provision of this part 7 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this part 7 which can be given effect without the invalid provision or application, and to this end the provisions of this part 7 are declared to be severable.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.docxFetched: 10/6/2026

Starting a business in Colorado? Colorado LLC guide: costs and requirements