Part 4. Theft

§ 18-4-401. Theft

(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:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
(c) 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;
(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon 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:
(a) (Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)
(b) A class 1 petty offense if the value of the thing involved is less than fifty dollars;
(b.5) Repealed.
(c) A class 3 misdemeanor if the value of the thing involved is fifty dollars or more but less than three hundred dollars;
(d) A class 2 misdemeanor if the value of the thing involved is three hundred dollars or more but less than seven hundred fifty dollars;
(e) A class 1 misdemeanor if the value of the thing involved is seven hundred fifty dollars or more but less than two thousand dollars;
(f) A class 6 felony if the value of the thing involved is two thousand dollars or more but less than five thousand dollars;
(g) A class 5 felony if the value of the thing involved is five thousand dollars or more but less than twenty thousand dollars;
(h) A class 4 felony if the value of the thing involved is twenty thousand dollars or more but less than one hundred thousand dollars;
(i) A class 3 felony if the value of the thing involved is one hundred thousand dollars or more but less than one million dollars; and
(j) A class 2 felony if the value of the thing involved is one million dollars or more.
(3) and (3.1) Repealed.
(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, 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.
(5) 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.
(6) In every indictment or information charging a violation of this section, it shall be sufficient 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.
(7) Repealed.
(8) A municipality shall have concurrent power to prohibit theft, by ordinance, where the value of the thing involved is less than one thousand dollars.
(9)
(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.
(b) A court shall not accept a plea of guilty or nolo contendere to another offense from a person 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.
(c) 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.
(d) 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.
(e) For the purposes of this subsection (9):
(I) “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.
(II) “Residential mortgage loan” means a loan or agreement to extend credit, made to a person 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.
(III) “Residential real property” means real property used as a residence and containing no more than four families housed separately.
(10) Upon a conviction for theft as described in subsection (1)(e) of this section, 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.

§ 18-4-402. Theft of rental property. (Repealed)

Source: L. 71: R&RE, p. 429, § 1. C.R.S. 1963: § 40-4-402. L. 75: (2) and (3) amended and (4) added, p. 619, § 11, effective July 21. L. 77: (1)(b) amended, p. 963, § 24, effective July 1; (2) and (4) amended and (5) added, p. 973, § 3, effective July 1. L. 84: (3) and (4) amended, p. 537, § 7, effective July 1. L. 87: (6) added, p. 615, § 6, effective July 1. L. 89: (4) and (6) amended, p. 833, § 45, effective July 1. L. 92: (2) to (6) amended, p. 434, § 2, effective April 10. L. 98: (3), (4), and (6) amended, p. 1437, § 12, effective July 1; (3), (4), and (6) amended, p. 795, § 3, effective July 1. L. 2007: (2) to (6) amended and (3.5) added, p. 1691, § 4, effective July 1. L. 2009: (6) amended, (HB 09-1334), ch. 244, p. 1100, § 3, effective May 11. L. 2013: Entire section repealed, (HB 13-1160), ch. 373, p. 2197, § 2, effective June 5.

§ 18-4-403. Statutory intent

If any law of this state refers to or mentions larceny, stealing, embezzlement (except embezzlement of public moneys), false pretenses, confidence games, or shoplifting, that law shall be interpreted as if the word “theft” were substituted therefor; and in the enactment of sections 18-4-401 to 18-4-403 it is the intent of the general assembly to define one crime of theft and to incorporate therein such crimes, thereby removing distinctions and technicalities which previously existed in the pleading and proof of such crimes.

§ 18-4-404. Obtaining control over any stolen thing of value - conviction

Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.

§ 18-4-405. Rights in stolen property

All property obtained by theft, robbery, or burglary shall be restored to the owner, and no sale, whether in good faith on the part of the purchaser or not, shall divest the owner of his right to such property. The owner may maintain an action not only against the taker thereof but also against any person in whose possession he finds the property. In any such action, 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.

§ 18-4-406. Concealment of goods

If any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.

§ 18-4-407. Questioning of person suspected of theft without liability

If any person triggers an alarm or a theft detection device as defined in section 18-4-417 (2) or conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any 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. Such questioning of a person by a merchant, merchant’s employee, or peace or police officer does not render the merchant, merchant’s employee, or peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

§ 18-4-408. Theft of trade secrets - penalty

(1) Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, steals or discloses to an unauthorized person a trade secret, or, without authority, makes or causes to be made a copy of an article representing a trade secret, commits theft of a trade secret.
(2) As used in this section:
(a) “Article” means any object, material, device, or substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.
(b) “Copy” means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article.
(c) “Representing” means describing, depicting, containing, constituting, reflecting, or recording.
(d) “Trade secret” means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession which is secret and of value. To be a trade secret the owner thereof must have taken measures to prevent the secret from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(3)
(a) Theft of a trade secret is a class 1 misdemeanor. A second or subsequent offense under this section committed within five years after the date of a prior conviction is a class 5 felony.
(b) Notwithstanding section 16-5-401 (1)(a), C.R.S., any prosecution for violation of this section shall be commenced within three years after discovery of the offense.

§ 18-4-409. Aggravated motor vehicle theft (Effective until January 1, 2022)

(1) As used in this section, unless the context otherwise requires:
(a) “Motor vehicle” means all vehicles of whatever description propelled by any power other than muscular, except vehicles running on rails.
(b) “Vehicle identification number” means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.
(2) A person commits aggravated motor vehicle theft in the first degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:
(a) Retains possession or control of the motor vehicle for more than twenty-four hours; or
(b) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or
(c) Attempts to alter or remove or alters or removes the vehicle identification number; or
(d) Uses the motor vehicle in the commission of a crime other than a traffic offense; or
(e) Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or
(f) Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle; or
(g) Removes the motor vehicle from this state for a period of time in excess of twelve hours; or
(h) Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.
(3) Aggravated motor vehicle theft in the first degree is a:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is less than twenty thousand dollars;
(a.5) Class 4 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more but less than one hundred thousand dollars;
(b) Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than one hundred thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.
(4) A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present. Aggravated motor vehicle theft in the second degree is a:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more;
(b) Class 6 felony if the value of the motor vehicle or motor vehicles involved is one thousand dollars or more but less than twenty thousand dollars;
(c) Class 1 misdemeanor if the value of the motor vehicle or motor vehicles involved is less than one thousand dollars.
(4.5) Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of this section, the offender’s driver’s license shall be revoked as provided in section 42-2-125, C.R.S.
(5) Consistent with section 18-1-202, if the theft of a motor vehicle occurs in one jurisdiction and the motor vehicle is recovered in another jurisdiction, the offender may be tried in the jurisdiction where the theft occurred, in any jurisdiction through which the motor vehicle was operated or transported, or in the jurisdiction in which the motor vehicle was recovered.

§ 18-4-409. Aggravated motor vehicle theft (Effective January 1, 2022)

(1) As used in this section, unless the context otherwise requires:
(a) “Motor vehicle” means all vehicles of whatever description propelled by any power other than muscular, except vehicles running on rails.
(b) “Vehicle identification number” means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.
(2) A person commits aggravated motor vehicle theft in the first degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:
(a) Retains possession or control of the motor vehicle for more than twenty-four hours; or
(b) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or
(c) Attempts to alter or remove or alters or removes the vehicle identification number; or
(d) Uses the motor vehicle in the commission of a crime other than a traffic offense; or
(e) Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or
(f) Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle; or
(g) Removes the motor vehicle from this state for a period of time in excess of twelve hours; or
(h) Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.
(3) Aggravated motor vehicle theft in the first degree is a:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is less than twenty thousand dollars;
(a.5) Class 4 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more but less than one hundred thousand dollars;
(b) Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than one hundred thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.
(4) A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present. Aggravated motor vehicle theft in the second degree is a:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more;
(b) Class 6 felony if the value of the motor vehicle or motor vehicles involved is one thousand dollars or more but less than twenty thousand dollars;
(c) Class 1 misdemeanor if the value of the motor vehicle or motor vehicles involved is less than one thousand dollars.
(4.5) Repealed.
(5) Consistent with section 18-1-202, if the theft of a motor vehicle occurs in one jurisdiction and the motor vehicle is recovered in another jurisdiction, the offender may be tried in the jurisdiction where the theft occurred, in any jurisdiction through which the motor vehicle was operated or transported, or in the jurisdiction in which the motor vehicle was recovered.

§ 18-4-410. Theft by receiving. (Repealed)

Source: L. 75: Entire section added, p. 619, § 12, effective July 21. L. 77: Entire section R&RE, p. 975, § 5, effective July 1. L. 84: (3), (4), and (6) amended, p. 537, § 8, effective July 1, 1985. L. 87: (6) amended, p. 607, § 14, effective July 1. L. 92: (2) to (6) amended, p. 435, § 4, effective April 10. L. 98: (3), (4), and (6) amended, p. 795, § 4, effective July 1; (3), (4), and (6) amended and (7) added, p. 1438, § 13, effective July 1. L. 99: (7) amended, p. 797, § 11, effective July 1. L. 2007: (2) to (7) amended and (3.5) added, p. 1692, § 6, effective July 1. L. 2009: (7) amended, (HB 09-1334), ch. 244, p. 1100, § 4, effective May 11. L. 2013: Entire section repealed, (HB 13-1160), ch. 373, p. 2197, § 3, effective June 5.

§ 18-4-411. Transactions for profit in stolen goods

If any person obtains control over stolen property knowing or believing the property to have been stolen, and such offense involves two or more separate stolen things of value each of which is the property of a separate owner, such commission of theft constitutes prima facie evidence that the person is engaged in the business of buying, selling, or otherwise disposing of stolen goods for a profit.

§ 18-4-411.5. Interagency task force on organized retail theft - legislative declaration - repeal. (Repealed)

Source: L. 2006: Entire section added, p. 1278, § 2, effective July 1.

§ 18-4-412. Theft of medical records or medical information - penalty - definitions

(1) Any person who, without proper authorization, knowingly obtains a medical record or medical information with the intent to appropriate the medical record or medical information to his own use or to the use of another, who steals or discloses to an unauthorized person a medical record or medical information, or who, without authority, makes or causes to be made a copy of a medical record or medical information commits theft of a medical record or medical information.
(2) As used in this section:
(a) “Medical record” means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health care services, including medical marijuana services, performed at the direction of a physician or other licensed health care provider on behalf of a patient by physicians, dentists, nurses, service providers, emergency medical service providers, mental health professionals, prehospital providers, or other health care personnel. “Medical record” includes such diagnostic documentation as X rays, electrocardiograms, electroencephalograms, and other test results. “Medical record” includes data entered into the prescription drug monitoring program under section 12-280-403.
(b) “Medical information” means any information contained in the medical record or any information pertaining to the medical, mental health, and health care services performed at the direction of a physician or other licensed health care provider which is protected by the physician-patient privilege established by section 13-90-107 (1)(d), C.R.S.
(c) “Proper authorization” means:
(I) A written authorization signed by the patient or his or her duly designated representative; or
(II) An appropriate order of court; or
(III) Authorized possession pursuant to law or regulation for claims processing, possession for medical audit or quality assurance purposes, possession by a consulting physician to the patient, or possession by hospital personnel for record-keeping and billing purposes; or
(IV) Authorized possession pursuant to section 18-3-415, 18-3-415.5, 25-1-122, or 30-10-606 (6), C.R.S.; or
(V) Authorized possession by a law enforcement officer or agency, acting in official capacity and pursuant to an official investigation.
(d) “Copy” means any facsimile, replica, photograph, sound recording, magnetic or electronic recording, or other reproduction of a medical record and any note, drawing, or sketch made of or from a medical record.
(3) Theft of a medical record or medical information is a class 6 felony.
(4) The obtaining, accessing, use, or disclosure of relevant medical records or medical information pursuant to 18 U.S.C. sec. 922 (t) and sections 24-33.5-424, 13-5-142, and 13-9-123, C.R.S., by the Colorado bureau of investigation, the clerk of the court of any judicial district in the state, the clerk of the probate court of the city and county of Denver, or by any of their employees and accessing such records and information through the NICS system shall not constitute theft of a medical record or medical information under this section.
(5) This section shall not apply to covered entities, their business associates, or health oversight agencies as each is defined in the federal “Health Insurance Portability and Accountability Act of 1996” as amended by the federal “Health Information Technology for Economic and Clinical Health Act” and the respective implementing regulations.

§ 18-4-413. Mandatory sentencing for repeated felony theft from a store - store defined

(1) For purposes of this section and section 18-4-414, “store” means any establishment primarily engaged in the sale of goods at retail.
(2) 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.
(3) The mandatory sentencing requirements specified in subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401 (4).

§ 18-4-414. Evidence of value

(1) For purposes of this part 4, 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. Evidence offered to prove retail value may include, but shall not be limited to, affixed labels and tags, signs, shelf tags, and notices.
(2) For the purposes of this part 4, in all cases where theft occurs, evidence of the value of the thing involved may be established through the sale price of other similar property and may include, but shall not be limited to, testimony regarding affixed labels and tags, signs, shelf tags, and notices tending to indicate the price of the thing involved. Hearsay evidence shall not be excluded in determining the value of the thing involved.

§ 18-4-415. Use of photographs, video tapes, or films of property

Pursuant to section 13-25-130, C.R.S., photographs, video tapes, or films of property over which a person is alleged to have exerted unauthorized control or otherwise to have obtained unlawfully are competent evidence if the photographs, video tapes, or films are admissible into evidence under the rules of law governing the admissibility of photographs, video tapes, or films into evidence.

§ 18-4-416. Theft by resale of a lift ticket or coupon

Any unauthorized person who, with the intent to profit therefrom, resells or offers to resell any ticket, pass, badge, pin, coupon, or other device which then entitles the bearer to the use, benefit, or enjoyment of any skiing service or skiing facility commits a class 2 petty offense. The penalty of a violation of this section shall be a fine in an amount not to exceed three hundred dollars. Under no circumstances shall a person being charged with this class 2 petty offense be arrested by any peace officer, and a summons to the appropriate court of jurisdiction shall be issued to the accused person.

§ 18-4-417. Unlawful acts - theft detection devices

(1)
(a) It is unlawful for any person to knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating device with the knowledge that some person intends to use the device in the commission of an offense involving theft.
(b) It is unlawful for any person to possess a theft detection shielding device or a theft detection deactivating device with the intent to use the device possessed, or with the knowledge that some person intends to use the device possessed, in the commission of an offense involving theft.
(c) It is unlawful for any person to knowingly deactivate or remove a theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase.
(2) As used in this section:
(a) “Theft detection deactivating device” means any tool, instrument, mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization. “Theft detection deactivating device” includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices.
(b) “Theft detection device” means an electronic or magnetic mechanism, machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment.
(c) “Theft detection shielding device” means any tool, instrument, mechanism, or article adapted, designed, engineered, used, or operated to avoid detection by a theft detection device during the commission of an offense involving theft. “Theft detection shielding device” includes, but is not limited to, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices.
(3) Any person who violates any of the provisions of subsection (1) of this section commits a class 1 misdemeanor.

§ 18-4-418. Fuel piracy. (Repealed)

Source: L. 2002: Entire section added, p. 1131, § 1, effective July 1. L. 2013: Entire section repealed, (HB 13-1160), ch. 373, p. 2198, § 5, effective June 5.

§ 18-4-419. Newspaper theft. (Repealed)

Source: L. 2004: Entire section added, p. 445, § 2, effective July 1. L. 2013: Entire section repealed, (HB 13-1160), ch. 373, p. 2198, § 6, effective June 5; entire section repealed, (HB 13-1014), ch. 7, p. 17, § 1, effective August 7.

§ 18-4-420. Chop shop activity - ownership or operation of a chop shop - altered or removed identification number - penalties - definitions

(1) A person commits ownership or operation of a chop shop if he or she knowingly:
(a) Owns or operates a chop shop, knowing that it is a chop shop, or conspires with another person to own or operate a chop shop, knowing that it is a chop shop;
(b) Transports an unlawfully obtained motor vehicle or major component motor vehicle part to or from a chop shop, knowing that it is a chop shop; or
(c) Sells or transfers to, or purchases or receives from, a chop shop, knowing that it is a chop shop, an unlawfully obtained motor vehicle or major component motor vehicle part.
(2) A violation of paragraph (a) of subsection (1) of this section is a class 4 felony. A violation of paragraph (b) or (c) of subsection (1) of this section is a class 5 felony.
(3)
(a) A person commits altering or removing a vehicle identification number if he or she knowingly:
(I) Removes, changes, alters, counterfeits, defaces, destroys, disguises, falsifies, forges, or obliterates the vehicle identification number, manufacturer’s number, or engine number of a motor vehicle or major component motor vehicle part with an intent to misrepresent the identity or prevent the identification of a motor vehicle or major component motor vehicle part; or
(II) Possesses, purchases, disposes of, sells, or transfers a motor vehicle or a major component motor vehicle part with knowledge that it contains a removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated vehicle identification number, manufacturer’s number, or engine number unless such motor vehicle or major component motor vehicle part is otherwise in compliance with the provisions of section 42-5-110, C.R.S.
(b) This subsection (3) does not apply to a private party or to an agent of a private party that is acting with the authorization of a law enforcement agency to lawfully seize, retain, recycle, transport, or otherwise dispose of a motor vehicle or major component motor vehicle part with a vehicle identification number, manufacturer number, or engine number that is removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated.
(4) Altering or removing a vehicle identification number is a class 5 felony.
(5) As used in this section, unless the context otherwise requires:
(a) “Chop shop” means any building, lot, facility, or other structure or premise where:
(I) Any person or persons possess, receive, store, disassemble, or alter, including the alteration or concealment of any identifying feature or number, an unlawfully obtained motor vehicle or major component motor vehicle part for the purpose of using, selling, or disposing of the motor vehicle or major component motor vehicle part; or
(II) Two or more unlawfully obtained motor vehicles are present for the purpose of alteration, sale, or disposal; or
(III) Six or more unlawfully obtained major component motor vehicle parts from two or more motor vehicles are present for the purpose of alteration, sale, or disposal.
(b) “Major component motor vehicle part” means any of the following parts of a motor vehicle:
(I) The engine;
(II) The transmission;
(III) A front fender;
(IV) The hood;
(V) Any door allowing entrance to or egress from the passenger compartment of the vehicle;
(VI) The front or rear bumper;
(VII) A rear quarter panel;
(VIII) The deck lid, tailgate, or hatchback;
(IX) The trunk floor pan;
(X) The cargo box of a pickup truck;
(XI) The frame, or if the vehicle has a unitized body, the supporting structure or structures that serve as the frame;
(XII) The cab of a truck;
(XIII) The body of a passenger vehicle;
(XIV) An airbag or airbag assembly;
(XV) A wheel or tire; or
(XVI) Any other part of a motor vehicle that is comparable in design or function to any of the parts that have been listed, or that have been labeled with a unique traceable identification number, by the manufacturer of the motor vehicle or part.
(c) “Motor vehicle” means all vehicles of whatever description that are propelled by any power other than muscular power; except that “motor vehicle” does not include vehicles that run on rails.
(d) “Unlawfully obtained” means obtained by theft, fraud, or deceit or obtained without the permission of the owner.