Colorado criminal charge
Theft in Colorado
Theft is a criminal offense under Colorado law, defined by C.R.S. § 18-4-401. 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. § 18-4-401.
What is the penalty for theft in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Theft (<$300) — Value of the thing involved is less than $300.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Theft (<$300) — Value of the thing involved is less than $300.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (no statutory minimum) (Theft ($300–$1,000) — Value of the thing involved is $300 or more but less than $1,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Theft ($300–$1,000) — Value of the thing involved is $300 or more but less than $1,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Theft ($1,000–$2,000) — Value of the thing involved is $1,000 or more but less than $2,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Theft ($1,000–$2,000) — Value of the thing involved is $1,000 or more but less than $2,000.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Theft ($2,000–$5,000) — Value of the thing involved is $2,000 or more but less than $5,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Theft ($2,000–$5,000) — Value of the thing involved is $2,000 or more but less than $5,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Theft ($2,000–$5,000) — Value of the thing involved is $2,000 or more but less than $5,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Theft ($5,000–$20,000) — Value of the thing involved is $5,000 or more but less than $20,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Theft ($5,000–$20,000) — Value of the thing involved is $5,000 or more but less than $20,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Theft ($5,000–$20,000) — Value of the thing involved is $5,000 or more but less than $20,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Theft ($20,000–$100,000) — Value of the thing involved is $20,000 or more but less than $100,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Theft ($20,000–$100,000) — Value of the thing involved is $20,000 or more but less than $100,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Theft ($20,000–$100,000) — Value of the thing involved is $20,000 or more but less than $100,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Theft ($100,000–$1,000,000) — Value of the thing involved is $100,000 or more but less than $1,000,000.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Theft ($100,000–$1,000,000) — Value of the thing involved is $100,000 or more but less than $1,000,000.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Theft ($100,000–$1,000,000) — Value of the thing involved is $100,000 or more but less than $1,000,000.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Theft ($1,000,000 or more) — Value of the thing involved is $1,000,000 or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Theft ($1,000,000 or more) — Value of the thing involved is $1,000,000 or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Theft ($1,000,000 or more) — Value of the thing involved is $1,000,000 or more.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Theft of a firearm — Theft under subsection (1) involving a firearm, regardless of the firearm's value.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Theft of a firearm — Theft under subsection (1) involving a firearm, regardless of the firearm's value.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Theft of a firearm — Theft under subsection (1) involving a firearm, regardless of the firearm's value.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Theft from the person — Theft from the person of another by means other than force, threat, or intimidation, without regard to the value of the thing taken.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Theft from the person — Theft from the person of another by means other than force, threat, or intimidation, without regard to the value of the thing taken.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Theft from the person — Theft from the person of another by means other than force, threat, or intimidation, without regard to the value of the thing taken.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is theft classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft (<$300) | petty offense | Value of the thing involved is less than $300. | 18-4-401(2)(b) |
| Theft ($300–$1,000) | class 2 misdemeanor | Value of the thing involved is $300 or more but less than $1,000. | 18-4-401(2)(c) |
| Theft ($1,000–$2,000) | class 1 misdemeanor | Value of the thing involved is $1,000 or more but less than $2,000. | 18-4-401(2)(e) |
| Theft ($2,000–$5,000) | class 6 felony | Value of the thing involved is $2,000 or more but less than $5,000. | 18-4-401(2)(f) |
| Theft ($5,000–$20,000) | class 5 felony | Value of the thing involved is $5,000 or more but less than $20,000. | 18-4-401(2)(g) |
| Theft ($20,000–$100,000) | class 4 felony | Value of the thing involved is $20,000 or more but less than $100,000. | 18-4-401(2)(h) |
| Theft ($100,000–$1,000,000) | class 3 felony | Value of the thing involved is $100,000 or more but less than $1,000,000. | 18-4-401(2)(i) |
| Theft ($1,000,000 or more) | class 2 felony | Value of the thing involved is $1,000,000 or more. | 18-4-401(2)(j) |
| Theft of a firearm | class 6 felony | Theft under subsection (1) involving a firearm, regardless of the firearm's value. | 18-4-401(2.3) |
| Theft from the person | class 5 felony | Theft from the person of another by means other than force, threat, or intimidation, without regard to the value of the thing taken. | 18-4-401(5) |
Common questions about theft in Colorado
Is theft a felony or a misdemeanor in Colorado?
It depends on the circumstances: theft ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-4-401.
Theft (<$300): petty offense (C.R.S. § 18-4-401(2)(b)) · Theft ($300–$1,000): class 2 misdemeanor (C.R.S. § 18-4-401(2)(c)) · Theft ($1,000–$2,000): class 1 misdemeanor (C.R.S. § 18-4-401(2)(e)) · Theft ($2,000–$5,000): class 6 felony (C.R.S. § 18-4-401(2)(f)) · Theft ($5,000–$20,000): class 5 felony (C.R.S. § 18-4-401(2)(g)) · Theft ($20,000–$100,000): class 4 felony (C.R.S. § 18-4-401(2)(h)) · Theft ($100,000–$1,000,000): class 3 felony (C.R.S. § 18-4-401(2)(i)) · Theft ($1,000,000 or more): class 2 felony (C.R.S. § 18-4-401(2)(j)) · Theft of a firearm: class 6 felony (C.R.S. § 18-4-401(2.3)) · Theft from the person: class 5 felony (C.R.S. § 18-4-401(5))
What are the penalties for theft in Colorado?
Penalties for theft in Colorado depend on how it is classified — from a petty offense up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-503, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers theft?
Theft is governed by C.R.S. § 18-4-401 (Theft).
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.