Colorado criminal charge
Motor vehicle theft in Colorado
Motor vehicle theft is a criminal offense under Colorado law, defined by C.R.S. § 18-4-409. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-4-409.
What is the penalty for motor vehicle theft in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 4 years to 12 years (Motor vehicle theft in the first degree — Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and has two prior separate convictions/adjudications for motor vehicle theft or unauthorized use of a motor vehicle.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Motor vehicle theft in the first degree — Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and has two prior separate convictions/adjudications for motor vehicle theft or unauthorized use of a motor vehicle.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Motor vehicle theft in the first degree — Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and has two prior separate convictions/adjudications for motor vehicle theft or unauthorized use of a motor vehicle.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Motor vehicle theft in the second degree — Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and at least one aggravating circumstance listed in subsection (3)(a)-(i) is present.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Motor vehicle theft in the second degree — Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and at least one aggravating circumstance listed in subsection (3)(a)-(i) is present.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Motor vehicle theft in the second degree — Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and at least one aggravating circumstance listed in subsection (3)(a)-(i) is present.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Motor vehicle theft in the third degree — Applies when the offender knowingly obtains or exercises control over, or knowingly receives or retains, another's motor vehicle without authorization, absent the aggravating factors or prior conviction requirements of the first and second degree offenses.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Motor vehicle theft in the third degree — Applies when the offender knowingly obtains or exercises control over, or knowingly receives or retains, another's motor vehicle without authorization, absent the aggravating factors or prior conviction requirements of the first and second degree offenses.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Motor vehicle theft in the third degree — Applies when the offender knowingly obtains or exercises control over, or knowingly receives or retains, another's motor vehicle without authorization, absent the aggravating factors or prior conviction requirements of the first and second degree offenses.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is motor vehicle theft classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Motor vehicle theft in the first degree | class 3 felony | Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and has two prior separate convictions/adjudications for motor vehicle theft or unauthorized use of a motor vehicle. | 18-4-409(6)(a) |
| Motor vehicle theft in the second degree | class 4 felony | Applies when the offender knowingly takes, controls, receives, or retains another's motor vehicle without authorization or by threat/deception and at least one aggravating circumstance listed in subsection (3)(a)-(i) is present. | 18-4-409(6)(b) |
| Motor vehicle theft in the third degree | class 5 felony | Applies when the offender knowingly obtains or exercises control over, or knowingly receives or retains, another's motor vehicle without authorization, absent the aggravating factors or prior conviction requirements of the first and second degree offenses. | 18-4-409(6)(c) |
Common questions about motor vehicle theft in Colorado
Is motor vehicle theft a felony or a misdemeanor in Colorado?
It depends on the circumstances: motor vehicle theft ranges from a class 5 felony to a class 3 felony in Colorado under C.R.S. § 18-4-409.
Motor vehicle theft in the first degree: class 3 felony (C.R.S. § 18-4-409(6)(a)) · Motor vehicle theft in the second degree: class 4 felony (C.R.S. § 18-4-409(6)(b)) · Motor vehicle theft in the third degree: class 5 felony (C.R.S. § 18-4-409(6)(c))
What are the penalties for motor vehicle theft in Colorado?
Penalties for motor vehicle theft in Colorado depend on how it is classified — from a class 5 felony up to a class 3 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers motor vehicle theft?
Motor vehicle theft is governed by C.R.S. § 18-4-409 (Motor vehicle theft - definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.