Colorado Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Colorado, theft becomes a felony when the value of the thing involved is "two thousand dollars or more," the start of the class 6 felony tier under C.R.S. 18-4-401(2)(f). Below that line, theft under $300 is a petty offense and theft from $300 to under $2,000 is a misdemeanor, while stealing a firearm or taking property from a person's body is a felony at any value. Theft from an at-risk person, such as someone 70 or older, is also a felony at any value when the statute's conditions are met (C.R.S. 18-6.5-103(5)). Shoplifting has no separate statute: it is charged as the same crime of theft. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado's theft statutes in Part 4 of Article 4, Title 18 of the Colorado Revised Statutes (C.R.S. 18-4-401 to 18-4-420), the sentencing classes in C.R.S. 18-1.3-401, 18-1.3-501 and 18-1.3-503, the at-risk victim theft provision in C.R.S. 18-6.5-103(5), and the civil theft remedy in C.R.S. 13-21-107.5. It does not cover federal theft offenses, municipal ordinances, robbery, burglary (apart from its store-entry rules noted in the shoplifting section), or identity theft and fraud schemes, which have their own pages linked below.

One crime of theft in Colorado

Colorado folds larceny, embezzlement, false pretenses and shoplifting into a single offense. C.R.S. 18-4-403 says that any law referring to "larceny, stealing, embezzlement (except embezzlement of public moneys), false pretenses, confidence games, or shoplifting" is read "as if the word 'theft' were substituted therefor," because the General Assembly intended "to define one crime of theft."

Under C.R.S. 18-4-401(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, pawns or disposes of anything of value they know or believe to be stolen, and does one of the following:

• intends to deprive the other person permanently of the use or benefit of the thing;
• knowingly uses, conceals or abandons it in a way that permanently deprives the owner of it, or does so intending that result;
• demands payment the person is not legally entitled to as a condition of returning it;
• "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
• intentionally misrepresents or withholds a material fact to obtain or keep public benefits the person is not eligible for.

Receiving stolen property is therefore theft too. C.R.S. 18-4-404 adds that a person who obtains control over stolen property, knowing it was stolen by another, "may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted."

Colorado does not use the terms "petty theft" or "grand theft." The law sets value tiers instead, and the lowest tier is a petty offense.

What is the felony theft threshold in Colorado?

The felony line is $2,000. C.R.S. 18-4-401(2)(f) makes theft "a class 6 felony if the value of the thing involved is two thousand dollars or more but less than five thousand dollars." Property worth exactly $2,000 is on the felony side, and property worth $1,999 is a class 1 misdemeanor.

Colorado theft grading table

The felony prison ranges are the presumptive ranges in C.R.S. 18-1.3-401(1)(a)(V.5)(A), which apply "to any person sentenced for a felony for an offense committed on or after July 1, 2020." The felony fine ranges come from C.R.S. 18-1.3-401(1)(a)(III)(A), which allows a fine "in addition to, or in lieu of" imprisonment, probation, community corrections or work release. A felony theft against a person 60 or older carries "a mandatory and substantial fine within the limits permitted by law" (18-1.3-401(1)(a)(III)(A.5)), and a person twice previously convicted of a felony "shall not be eligible to receive a fine in lieu of any sentence to imprisonment, community corrections, or work release" (18-1.3-401(1)(a)(III)(E)). The misdemeanor penalties come from C.R.S. 18-1.3-501(1)(a.5) and the petty offense penalty from C.R.S. 18-1.3-503(1.5); both apply to offenses committed on or after March 1, 2022. The felony prison terms in the table are the ordinary presumptive ranges, and they can rise. Under C.R.S. 18-1.3-401(6), if the court finds extraordinary aggravating or mitigating circumstances it may go outside the range, but never "greater than twice the maximum nor less than one-half the minimum term authorized in the presumptive range." Under 18-1.3-401(8), if the court sentences the defendant to incarceration when a listed circumstance applies, such as that the defendant "was on parole for another felony at the time of commission of the felony," the term must be "at least the midpoint in the presumptive range but not more than twice the maximum." The habitual criminal statute, C.R.S. 18-1.3-801, sets three times the presumptive maximum for a class 1 to 5 felony when the person, within ten years, "has been twice previously convicted" of separately tried felonies, and four times the maximum for any felony after three prior felony convictions, with other rules for some repeat felonies, including life imprisonment under 18-1.3-801(1) for a class 2 felony, or a class 3 felony that is a crime of violence, after two prior such convictions. These ranges are what the statutes allow, not a prediction of the sentence in any case.

How value is proved

Part 4 measures value through evidence rules rather than a single definition. 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," and that evidence can include "affixed labels and tags, signs, shelf tags, and notices" (C.R.S. 18-4-414(1)). In any theft case, value "may be established through the sale price of other similar property," and "Hearsay evidence shall not be excluded in determining the value of the thing involved" (C.R.S. 18-4-414(2)).

For public benefits, C.R.S. 18-4-401(11)(a) sets the value for grading as "the difference between the value of the public benefit received and the value of the public benefit for which the recipient was eligible."

Thefts that are felonies regardless of value

• Firearms. "Theft in violation of subsection (1) of this section of a firearm, as defined in section 18-12-101, is a class 6 felony, regardless of the value of the firearm" (C.R.S. 18-4-401(2.3)).
• Theft from the person. "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" (C.R.S. 18-4-401(5)).
• At-risk victims. Under C.R.S. 18-6.5-103(5), theft is a class 5 felony if the value is less than $500 and a class 3 felony at $500 or more when the victim is an at-risk person and any part of the theft is committed in the victim's presence, the person is "acting in a position of trust," or the person commits it "knowing the victim is an at-risk person." "Theft from the person of an at-risk person by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken." An at-risk person includes anyone 70 or older, an adult with a disability, and a person under 18 with a disability (C.R.S. 18-6.5-102).
• Motor vehicles. Taking a car is a separate offense, motor vehicle theft, graded by circumstances rather than value (C.R.S. 18-4-409). Third degree, knowingly obtaining or exercising control over another's motor vehicle when the person "knows or should reasonably have known that the act was without authorization or was by threat or deception," is a class 5 felony. Second degree, a class 4 felony, adds a listed aggravator, such as keeping the vehicle "for more than twenty-four hours," altering its appearance or VIN, removing it from the state, or causing $1,000 or more in property damage. First degree, a class 3 felony, applies when the person has two prior convictions or adjudications for motor vehicle theft or unauthorized use of a motor vehicle. 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(7)).

Adding thefts together

Under C.R.S. 18-4-401(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," and the penalty is "based on the aggregate value of the things involved." Subsection (4)(b) allows the same for thefts "against the same person pursuant to one scheme or course of conduct," with no six-month limit in its text. Several small thefts can therefore be graded at a felony level once their combined value reaches $2,000.

Mortgage-lending theft and rental property

Two more rules in C.R.S. 18-4-401 change the consequences of a conviction:

• When theft by deception 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" (18-4-401(9)(a)).
• For a theft conviction based on keeping leased or rented property more than 72 hours past the agreed return time, "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" (18-4-401(10)).

Is shoplifting a felony in Colorado?

Shoplifting is theft under C.R.S. 18-4-401, so it follows the same value tiers: a petty offense under $300, a misdemeanor from $300 to under $2,000, and a class 6 felony at $2,000 or more. Part 4 of Article 4 contains no separate shoplifting or organized retail theft offense; the only organized retail theft section it lists, C.R.S. 18-4-411.5 (an interagency task force), is repealed. The theft section sets no separate grade for a first offense.

The burglary statute reaches some store entries. A person who enters premises 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," and that license does not extend to "that part of the building that is not open to the public" (C.R.S. 18-4-201(3)). Second degree burglary, entering or remaining unlawfully "with intent to commit therein a crime against another person or property," is a class 4 felony for "a building being used for the operation of a commercial business," but 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" (C.R.S. 18-4-203(1), (2)(a), (2)(c)).

Concealment as evidence

Under C.R.S. 18-4-406, if a person "willfully conceals unpurchased goods, wares, or merchandise" offered for sale by a store, "whether the concealment be on his own person or otherwise and whether on or off the premises," the concealment "constitutes prima facie evidence that the person intended to commit the crime of theft."

Repeat felony store theft

C.R.S. 18-4-413(2) sets a mandatory minimum for repeat felony store thefts: "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." A "store" is "any establishment primarily engaged in the sale of goods at retail" (18-4-413(1)). Under subsection (3), the mandatory sentence "shall not apply when the person is being sentenced pursuant to section 18-4-401 (4)," the aggregation provision.

Anti-theft devices

C.R.S. 18-4-417 makes it a class 2 misdemeanor to make, distribute or sell a theft detection shielding or deactivating device knowing someone intends to use it in a theft; to possess one with intent to use it, or knowing someone intends to use it, in a theft; or to "knowingly deactivate or remove a theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase." A shielding device includes "foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices."

Store detention

Under C.R.S. 18-4-407, if a person "triggers an alarm or a theft detection device" or "conceals upon his person or otherwise carries away any unpurchased goods," the merchant, an employee or a 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." That questioning does not make them "civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention." The statute sets no fixed time limit.

Can a store demand money after shoplifting in Colorado?

Colorado has a civil theft statute aimed at stores. Under C.R.S. 13-21-107.5(2), an adult or emancipated minor who takes merchandise from a store "without the consent of the owner, without paying the purchase price, and with the intention of converting such merchandise to his own use or who alters the price indicia of any merchandise shall be civilly liable to the owner for actual damages plus a penalty payable to the owner of not less than one hundred dollars nor more than two hundred fifty dollars."

Key features of the statute:

• Minors. The parents or guardian with custody of an unemancipated minor who does the same are liable for the same actual damages plus a $100 to $250 penalty (13-21-107.5(3)), and the usual caps on parental liability do not apply (13-21-107.5(6)).
• No conviction needed. "A conviction for theft pursuant to part 4 of article 4 of title 18, C.R.S., shall not be a condition precedent to maintaining a civil action pursuant to the provisions of this section" (13-21-107.5(5)).
• Shopping carts. Taking a store's shopping cart with intent to convert it carries "actual damages plus a penalty payable to the owner of one hundred dollars" (13-21-107.5(4)).

Separately, C.R.S. 18-4-405 gives any owner of stolen property a right to its return and a civil claim: "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."

These statutes set what an owner can recover in a lawsuit. Whether a particular demand letter matches them is a question for a lawyer licensed in Colorado.

Recent changes to Colorado theft law

The official source history of C.R.S. 18-4-401 and related sections records these changes:

• 2025. HB 25-1062 added subsection (2.3), making theft of a firearm a class 6 felony regardless of value, effective June 2, 2025.
• 2023. SB 23-097 rewrote motor vehicle theft into three degrees (C.R.S. 18-4-409) and added unauthorized use of a motor vehicle (C.R.S. 18-4-409.5), effective July 1, 2023.
• 2022. SB 21-271 amended subsections (2)(b), (2)(c) and (2)(e), the petty offense and misdemeanor tiers, effective March 1, 2022; the misdemeanor sentencing classes in C.R.S. 18-1.3-501(1)(a.5) apply to offenses committed on or after that date. HB 22-1257 added subsection (11), the public-benefit valuation rule, effective April 7, 2022. HB 22-1224 added the public-benefits form of theft in subsection (1)(f), effective July 1, 2022.
• 2021. SB 21-030 added subsection (10), restitution for lost rental revenue, effective May 27, 2021.
• 2013. HB 13-1160 added subsections (2)(e) through (2)(j), the tiers from $1,000 upward, effective June 5, 2013.

Other theft offenses with their own grades

Part 4 of Article 4 (Theft) contains these offenses graded apart from the general value tiers:

A civil infraction carries "a fine of not more than one hundred dollars, unless otherwise provided by statute" (C.R.S. 18-1.3-503(1.6)(a)). Under C.R.S. 18-4-401(8), a municipality also has "concurrent power to prohibit theft, by ordinance, where the value of the thing involved is less than one thousand dollars," so a low-value theft may be charged under a city code instead.

Related legal issues

Theft by deception is part of the same theft statute, but broader fraud schemes and how to report them are covered in our guide to Colorado scam and fraud laws. Misusing someone's identifying information is a separate offense, covered in Colorado identity theft laws. For sealing a theft record, see Colorado expungement laws, and for filing deadlines see the Colorado statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• Colorado scam and fraud laws
• Colorado identity theft laws
• Colorado expungement laws
• Colorado statute of limitations

This article provides general legal information about Colorado theft and shoplifting statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Colorado.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in Colorado?

Theft is a class 6 felony when the value of the thing involved is $2,000 or more but less than $5,000, and higher felony classes start at $5,000, $20,000, $100,000 and $1 million (C.R.S. 18-4-401(2)).

Is stealing $2,000 a felony in Colorado?

Yes. The class 6 felony tier begins at two thousand dollars or more, so exactly $2,000 falls on the felony side (C.R.S. 18-4-401(2)(f)).

What is petty theft in Colorado?

Theft of property worth less than $300 is a petty offense (C.R.S. 18-4-401(2)(b)). For offenses on or after March 1, 2022, the penalty is a fine of up to $300, up to 10 days in county jail, or both (C.R.S. 18-1.3-503(1.5)).

Is shoplifting a felony in Colorado?

Shoplifting is charged as theft under C.R.S. 18-4-401, so the grade depends on value: a felony starts at $2,000. A person convicted of felony store theft after two felony store-theft convictions in the preceding four years faces a mandatory minimum term under C.R.S. 18-4-413. Separately, entering a store unlawfully (after defying an order not to enter that was personally communicated, or into a part not open to the public) with intent to commit a crime there is second degree burglary under C.R.S. 18-4-203: a class 4 felony for a commercial building, or a class 2 misdemeanor where the person knowingly violated a retailer's written notice or a court order barring entry to that store during its open hours.

Is stealing a gun a felony in Colorado?

Yes. Since June 2, 2025, theft of a firearm is a class 6 felony regardless of the firearm's value (C.R.S. 18-4-401(2.3)).

Can separate thefts be added together in Colorado?

Yes. Two or more thefts within six months, or against the same person under one scheme or course of conduct, may be charged as one offense graded by the total value (C.R.S. 18-4-401(4)).

Can a store make me pay a penalty after shoplifting in Colorado?

C.R.S. 13-21-107.5 makes a person liable to the store for actual damages plus a penalty of $100 to $250, and a theft conviction is not required. A lawyer licensed in Colorado can advise on a specific demand.

Can a Colorado store detain a suspected shoplifter?

A merchant, employee or peace officer acting in good faith on probable cause may detain and question a person in a reasonable manner to find out whether the person committed theft (C.R.S. 18-4-407).