(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; or 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:
Intends to deprive the other person permanently of the use or benefit of the thing ofvalue;
Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
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;
Demands any consideration to which he or she is not legally entitled as a condition ofrestoring the thing of value to the other person; or
Knowingly retains the thing of value more than seventy-two hours after the agreedupon time of return in any lease or hire agreement.
(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:
(Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)
A class 1 petty offense if the value of the thing involved is less than fifty dollars;(b.5) Repealed.
A class 3 misdemeanor if the value of the thing involved is fifty dollars or more butless than three hundred dollars;
A class 2 misdemeanor if the value of the thing involved is three hundred dollars ormore but less than seven hundred fifty dollars;
A class 1 misdemeanor if the value of the thing involved is seven hundred fiftydollars or more but less than two thousand dollars;
A class 6 felony if the value of the thing involved is two thousand dollars or more butless than five thousand dollars;
A class 5 felony if the value of the thing involved is five thousand dollars or morebut less than twenty thousand dollars;
A class 4 felony if the value of the thing involved is twenty thousand dollars or morebut less than one hundred thousand dollars;
A class 3 felony if the value of the thing involved is one hundred thousand dollars ormore but less than one million dollars; and
A class 2 felony if the value of the thing involved is one million dollars or more.
and (3.1) Repealed.
(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.
Theft from the person of another by means other than the use of force, threat, orintimidation is a class 5 felony without regard to the value of the thing taken.
In every indictment or information charging a violation of this section, it shall besufficient 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.
Repealed.
A municipality shall have concurrent power to prohibit theft, by ordinance, where thevalue of the thing involved is less than one thousand dollars.
(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.
A court shall not accept a plea of guilty or nolo contendere to another offense from aperson 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.
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.
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.
For the purposes of this subsection (9):
"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.
"Residential mortgage loan" means a loan or agreement to extend credit, made to aperson 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.
"Residential real property" means real property used as a residence and containingno more than four families housed separately.
Source: L. 71: R&RE, p. 428, § 1. C.R.S. 1963: § 40-4-401. L. 75: IP(1), (2), and (3) amended and (3.1) added, pp. 618, 619, §§ 9, 10, effective July 1. L. 77: (4) amended, p. 972, § 1, effective May 27; (2) R&RE, (3) and (3.1) repealed, and (4) amended, pp. 973, 976, §§ 1, 2, 9, effective July 1. L. 81: (7) added, p. 987, § 1, effective July 1. L. 83: (8) added, p. 665, § 7, effective July 1. L. 84: (7)(a) and (7)(b) amended, p. 541, § 1, effective April 12; (2)(b), (2)(c), (4), (7)(a), and (8) amended, p. 536, §§5, 6, effective July 1, 1985. L. 85: (7)(a) amended, p. 1360, § 13, effective June 28. L. 87: (2)(b), (2)(c), and (4) amended, p. 352, § 3, effective March 16; (1.5) added and (7)(a) amended, pp. 615, 606, §§5, 13, effective July 1. L. 92: (2), (4), and
(7)(a) amended, p. 433, § 1, effective April 10; (8) amended, p. 439, § 1, effective June 1. L. 93: (7) repealed, p. 1742, § 42, effective July 1. L. 97: (2)(b) and (2)(c) amended, p. 1548, § 23, effective July 1. L. 98: (4) and (8) amended, p. 1437, § 10, effective July 1; (4) amended, p. 793, § 1, effective July 1. L. 2006: (9) added, p. 1327, § 2, effective July 1. L. 2007: (2), (4), and (8) amended, p. 1690, § 3, effective July 1. L. 2009: (4) amended, (HB 09-1334), ch. 244, p. 1099, § 2, effective May 11. L. 2013: (1), (2)(b), (2)(c), (2)(d), and (4) amended, (2)(b.5) repealed, and (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), and (2)(j) added, (HB 13-1160), ch. 373, p. 2195, § 1, effective June 5.
Cross references: (1) For theft of sound recordings, see part 6 of this article 4; for charges for bad checks received as a restitution payment ordered as a condition of a plea agreement, see § 16-7-304; for charges for bad checks received as a restitution payment ordered as a condition of a deferred prosecution, see § 16-7-404.
(2) For the legislative declaration contained in the 2006 act enacting subsection (9), see section 1 of chapter 290, Session Laws of Colorado 2006. For the legislative declaration contained in the 2007 act amending subsections (2), (4), and (8), see section 1 of chapter 384, Session Laws of Colorado 2007. For the legislative declaration contained in the 2009 act amending subsection (4), see section 1 of chapter 244, Session Laws of Colorado 2009.