Motor vehicle theft in Colorado

What the charge means

The core of the offense is knowingly obtaining or exercising control over someone else's motor vehicle without authorization, or by threat or deception. It also covers knowingly keeping or receiving a vehicle from someone who is not the owner, knowing the owner never gave permission. The statute splits the crime into three degrees.

• Third degree is the basic offense: an unauthorized taking or keeping of a vehicle with no aggravating factor.
• Second degree is the basic offense plus an aggravating factor, such as keeping the vehicle more than 24 hours, altering its appearance or its VIN (the vehicle identification number), taking it out of Colorado, putting other license plates on it, causing $1,000 or more in damage, injuring someone, or using the vehicle in another crime.
• First degree is motor vehicle theft committed by someone with two prior separately brought convictions or adjudications for vehicle theft offenses.

Prosecutors must prove you knew the use was unauthorized. These cases often grow out of borrowed cars kept too long, disputes between exes or family members over a shared vehicle, passengers riding in a car they did not know was stolen, or buying a used car that turned out to be stolen.

Classification and sentencing

Since the 2023 rewrite took effect, all three degrees are felonies regardless of the vehicle's value:

• Third degree: class 5 felony. If prison is imposed, 1 to 3 years, plus 2 years of mandatory parole, and a possible fine of $1,000 to $100,000.
• Second degree: class 4 felony. If prison is imposed, 2 to 6 years, plus 3 years of mandatory parole, and a possible fine of $2,000 to $500,000.
• First degree: class 3 felony. If prison is imposed, 4 to 12 years, plus 5 years of mandatory parole, and a possible fine of $3,000 to $750,000.

These ranges apply only if the court orders incarceration. Probation, community corrections, and other sentences are often available, and the statute does not mandate prison for the charge itself. Before July 2023, low value cases could be misdemeanors under the old value based scheme. Value no longer matters under C.R.S. 18-4-409, which raises the stakes for anyone charged today. The same 2023 law did create one narrower misdemeanor offense, unauthorized use of a motor vehicle under C.R.S. 18-4-409.5, discussed below.

What else it touches

Any conviction under this statute is a felony, which bars firearm possession under Colorado and federal law. Theft offenses can carry serious immigration consequences for noncitizens, especially where a sentence of a year or more is imposed. A felony record affects employment, housing, and professional licensing, and insurance issues often follow vehicle cases. Sealing a conviction may be possible after a waiting period once the sentence is complete, depending on the case.

We defend motor vehicle theft charges across Colorado, and a consultation is the place to get answers about your specific situation.