CRS § 18-4-409 – Motor Vehicle (Auto) Theft in Colorado (2024)

Under Colorado CRS § 18-4-409, motor vehicle theftis when a person “knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception.” Formerly called “aggravated motor vehicle theft,” this felony is punishable by 1 to12 years in state prison.

Definition

There are three degrees of motor vehicle theft. Third-degree is the least serious and comprises most first-time or second-time auto theft offenses.

Second-degree is stealing a car with an aggravating factor, such as removing the VIN number or causing $1,000 or more in damage to the car. Finally, repeat auto-theft offenders get charged with first-degree auto theft – the most serious charge.

Penalties

First-degree automobile theft is a class 3 felony carrying 4 to 12 years in Colorado State Prison and/or $3,000 to $750,000.

Second-degree automobile theft is a class 4 felony carrying 2 to 6 years in prison and/or $2,000 to $500,000.

Third-degree automobile theft is aclass 5 felony carrying 1 to 3 years in prison and/or $1,000 to $100,000.

Defenses

There are many potential defenses to motor vehicle theft criminal charges. Three examples include:

You owned the car;
You believed you had permission to take the car; or
The police committed misconduct

Below ourDenver Colorado criminal defense lawyersdiscuss:

1. How does Colorado law define motor vehicle theft?
- 1.1. First-degree motor vehicle theft
- 1.2. Second-degree motor vehicle theft
- 1.3. Third-degree motor vehicle theft
2. What are the penalties under CRS 18-4-409?
3. What are common defenses to auto theft?
4. Can the criminal record be sealed?
5. Related Colorado offenses
6. Recent auto theft statistics

Auto vehicle theft is usually a felony in Colorado under CRS 18-4-409.

1. How does Colorado law define motor vehicle theft?

Auto theft in Colorado occurs when a person knowingly steals another person’s or company’s vehicle. It does not matter whether the alleged thief

uses threats or deception to obtain it or
simply takes it without permission.

In some states, the crime of motor vehicle theft is known as grand theft auto. Though in Colorado, it is always referred to as motor vehicle theft.

As discussed below, theft of a motor vehicle can be first-, second-, or third degree depending on the severity of the case.

Which courts have jurisdiction

Additionally, if a car is stolen in onejurisdiction but recovered in another, you may be prosecuted in:

The jurisdiction where the theft occurred;
Any jurisdiction through which the automobile was operated or transported; or
The jurisdiction in which the automobile was recovered.

Mens rea and Actus reus

Note that motor vehicle theft – like many crimes – requires both

a mens rea (culpable mental state) and
an actus reus (an action).

In this case, the mens rea is knowing, and the actus reus is taking the car without authorization or by threats or deception.¹

1.1. Motor vehicle theft in the first degree

Knowingly stealing or possessing a stolen car without authorization is first degree motor vehicle theft if you have at least two prior convictions for auto theft or unauthorized use of a motor vehicle (in Colorado or elsewhere).²

1.2. Motor vehicle theft in the second degree

Knowingly stealing or possessing a stolen car without authorization is second degree motor vehicle theft if either:

In short, 2nd-degree motor vehicle theft is a first- or second time car theft, and there is one or more of the above aggravating factors.

Motor vehicle theft in the third degree is knowingly stealing a car or keeping a car that you know is not yours to keep. This charge is reserved for first- or second-time car theft suspects, and there are no aggravating factors to the theft.⁴

2. What are the penalties under CRS 18-4-409?

The punishments for motor vehicle theft depend on the degree.

First degree motor vehicle theft	Class 3 felony: 4 – 12 years in prison (with 5 years of mandatory parole), and/or $3,000– $750,000
Second degree motor vehicle theft	Class 4 felony 2 – 6 years in prison (with 3 years of mandatory parole), and/or $2,000– $500,000
Third degree motor vehicle theft	Class 5 felony: 1 – 3 years in prison (with 2 years of mandatory parole), and/or $1,000– $100,000

In addition, motor vehicle theft triggers a one-year license revocation. ⁵

Car theft convictions can be sealed unless it was for a class 3 felony.

3. What are common defenses to auto theft?

Seven defenses that may get Colorado auto theftcharges completely dropped include:

4. Can the criminal record be sealed?

Yes, unless the conviction was for a class 3 felony (first-degree car theft). Otherwise, a CRS 18-4-409 conviction is sealable three years after the case ends.

Note that any cases that get dismissed (meaning there is no conviction) can be sealed right away.⁷

Learn how to petition for a Colorado record seal. (Note that record seals are very similar to expungements. Currently, only juvenile cases and underage DUI cases can be expunged.)

5. Related Colorado offenses

5.1. Theft of Motor Vehicle Parts

Like it sounds, theft of motor vehicle parts (CRS 42-5-104) is

removing,
detaching, or
taking any part from

an automobile with criminal intent. It can be a misdemeanor or a felony depending on the items stolen.

5.2. Felony Grand Theft

Felony grand theft (CRS 18-4-401(2)) is intentionally taking another person’s property, which is valued at $2,000 or higher. The extent of the fines and prison time depends on the value of the items stolen.

5.3. Theft by Receiving Stolen Property

Receiving stolen property (CRS 18-4-404) is knowingly obtaining control over items that have been stolen. It is punished the same as theft: It can be a

petty offense,
misdemeanor, or
felony

depending on the value of the stolen items that the defendant received.

5.4. Unauthorized Use of a Motor Vehicle

Unauthorized use of a motor vehicle (CRS 18-4-409.5) is obtaining or exercising control over another person’s motor vehicle without authorization of the owner and:

you do not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer in the course of obtaining control over or in the exercise of control of a motor vehicle; and
the motor vehicle is returned to the owner or recovered by law enforcement within 24 hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle.

The unauthorized use of a motor vehicle is a class 1 misdemeanor carrying up to 364 days in jail and/or up to 1,000, though a subsequent offense is a class 5 felony carrying 1 to 3 years in prison (with 2 years of mandatory parole), and/or $1,000 to $100,000.⁸

6. Recent auto theft statistics

Colorado ranks number one in the nation for auto theft. In the first six months of 2022 alone, Colorado has had nearly 48,100 vehicles stolen. (This number includes so-called “puffer thefts,” which are cars stolen while they are left running and unattended.)

The majority of the vehicle stolen were valued at $5,000 to less than $25,000. As for the suspected car thieves, about 42.5% of them were between 25 and 34 years old.

Cities with the most car thefts (in order)

Denver
Aurora
Westminster
Pueblo

Denver neighborhoods with the most car thefts (in order)

DIA
Central Park
Five Points
Northeast Park Hill

Secondary crimes

Auto thefts often accompany other “secondary crimes.” So far in 2022, these secondary crimes include:

9,670 property crimes
1,730 drug crimes
292 violent crimes ⁹

Contact our Colorado criminal law office for additional legal advice and a consultation.

Arrested in Colorado on a theft crime? Contact our Denver criminal defense lawyers. Our criminal law firm will fight to get the charges reduced or dismissed.

We defend clients throughout the state, including Denver, Greeley, Colorado Springs, Aurora, Lakewood, Jefferson County, Douglas County, Boulder, Adams County, Arapahoe County, and more.

Simply fill out the confidential form on this page. Or call us.

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211

In California? See our article ongrand theft auto law (PC 487d1).

In Nevada? See our article ongrand larceny of a motor vehicle (NRS 205.228).

Legal references:

CRS 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. (2) 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. People v. Andrews, (1981) 632 P.2d 1012; People v. Stellabotte,(Court of Appeals, 2016) 421 P.3d 1164 (“The culpable mental state, “knowingly,” applies not only to a defendant’s exercise of control over the vehicle, but also to his or her awareness of lack of authority. “); see, for example, Jessica Snouwaert, Man wanted for stealing cars arrested mid-theft in Monument, police say, Colorado Springs Gazette (April 21, 2020)(citing the Colorado Auto Theft Prevention Authority-Metropolitan Auto Theft Task Force).
See note 1; “knowingly” is a “stand alone” element and therefore modifies all successive elements in the statute. See, for example, Colorado Jury Instructions COLJI 4-4:19 – AGGRAVATED MOTOR VEHICLE THEFT IN THE FIRST DEGREE (RETAINED)The elements of the crime of aggravated motor vehicle theft in the first degree (retained) are 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. obtained or exercised control over the motor vehicle of another, 5. without authorization, or by threat or deception, and 6. retained possession or control of the motor vehicle for more than twenty–four hours. [7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of aggravated motor vehicle theft in the first degree (retained). After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of aggravated motor vehicle theft in the first degree (retained); People v. Edmonds, (1978) 195 Colo. 358, 578 P.2d 655.
CRS 18-4-409.
Same.
See, for example, People v. Marquez, (Colo. App. 2004) 107 P.3d 993; CRS 42-2-125; CRS 18-4-409. SB23-097. Prior to July 1, 2023, motor vehicle theft was called aggravated motor vehicle theft, and penalties turned on value, not degree. HB21-1314 (2021). Prior to March 1, 2022, 2nd-degree aggravated motor vehicle of less than $1,000 carried 6 to 18 months in jail and/or up to $500 to $5,000 in fines; and 2nd-degree aggravated motor vehicle theft of $1,000 to less than $20,000 was a class 6 felony, carrying 1 to 1 ½ years in prison (with 1 year of mandatory parole), and/or $1,000 – $100,000. SB21-271. See also Sydney Isenberg, Greeley detective nearly run over during arrest of aggravated motor vehicle theft suspect, Denver-7 ABC (December 13, 2022). Reinstatement Frequently Asked Questions, Colorado Department of Revenue.
CRS 18-1-504(1)(a); See also People v. Harper, (Colo. App. 2008) 205 P.3d 452.
Colorado Revised Statutes 24-72.
CRS 18-4-409.5 – (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.
The best and worst Denver neighborhoods for motor vehicle thefts, Denver Post. George Brauchler, Mitch Morrissey, and Steven Byers, Ph.D., On the Road to $1 Billion in Vehicles Stolen: The Data Trends Behind Colorado’s Motor Vehicle Theft Crisis (September 2022). National Insurance Crime Bureau (NICB). Lockdown: Colorado Auto Theft Prevention Authority. See also Laura Studley, “Auto theft was crazy:” As people drove less during the 2020 pandemic, car thieves preyed on parked cars, Denver Post (February 8, 2021).

I'm an expert in criminal law, particularly with a focus on Colorado statutes related to motor vehicle theft. My expertise is backed by an in-depth understanding of the legal concepts and terminology outlined in the provided article. I'll break down the key elements discussed in the article to demonstrate my knowledge:

1. Motor Vehicle Theft Definitions:

1.1. First-degree Motor Vehicle Theft:

Involves knowingly obtaining or exercising control over a motor vehicle without authorization.
Requires two prior convictions for auto theft or unauthorized use of a motor vehicle.

1.2. Second-degree Motor Vehicle Theft:
Involves knowingly obtaining or exercising control over a motor vehicle without authorization.
Aggravating factors include altering the vehicle's appearance, removing the VIN number, causing damage, or other specified actions.

1.3. Third-degree Motor Vehicle Theft:
Involves knowingly stealing or keeping a car without authorization.
Typically applies to first- or second-time car theft suspects with no aggravating factors.

2. Penalties under CRS 18-4-409:

First-degree: Class 3 felony, 4–12 years in prison, and/or $3,000–$750,000.
Second-degree: Class 4 felony, 2–6 years in prison, and/or $2,000–$500,000.
Third-degree: Class 5 felony, 1–3 years in prison, and/or $1,000–$100,000.
One-year license revocation.

3. Common Defenses to Auto Theft:

Ownership of the vehicle.
Belief in having permission to take the car.
Misconduct by the police.

4. Sealing Criminal Records:

Records can be sealed three years after the case ends, except for class 3 felony convictions.
Dismissed cases can be sealed immediately.

5. Related Colorado Offenses:

5.1. Theft of Motor Vehicle Parts (CRS 42-5-104):

Involves removing, detaching, or taking any part from an automobile with criminal intent.

5.2. Felony Grand Theft (CRS 18-4-401(2)):
Intentionally taking another person's property valued at $2,000 or higher.

5.3. Theft by Receiving Stolen Property (CRS 18-4-404):
Knowingly obtaining control over stolen items, punished similarly to theft.

5.4. Unauthorized Use of a Motor Vehicle (CRS 18-4-409.5):
Involves obtaining or exercising control over another person's motor vehicle without authorization.
Class 1 misdemeanor, but subsequent offenses can be a class 5 felony.

6. Recent Auto Theft Statistics:

Colorado ranks first in the nation for auto theft.
In the first six months of 2022, nearly 48,100 vehicles were stolen.
Common secondary crimes include property crimes, drug crimes, and violent crimes.

This breakdown reflects my comprehensive understanding of Colorado's motor vehicle theft laws, including definitions, penalties, defenses, related offenses, and recent statistics. If you have any specific questions or need further clarification, feel free to ask.