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Misdemeanor Theft Crimes 18-4-401

This web page contains the elements of the Colorado Crimes of Theft  18-4-401 (1)

 

These are only the basic elements of these crimes – to fully understand a crime with which you are charged you will need a much greater understanding of Colorado Criminal Law.

This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.

If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.

 

Theft  18-4-401 (1)

A person commits theft if he or she knowingly obtains or exercises control over anything of value belonging to another without authorization, or by threat or deception, 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 a manner as to deprive the owner 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 owner permanently of its use or benefit; or d) demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the owner. It is also theft to:

Other Theft Crimes

•     violate the  trust  fund  provisions of  law  regarding preneed funeral contracts or any other misappropriation of funds;  10-15-118 (1)

•     willfully convert to his or her own use or benefit the farm products of another; 12-16-115 (1) (f)

•     if licensed as a dealer or small-volume dealer, sell farm products for less than the current market price to any person with whom such dealer has any financial connection or to sell farm products out of the purchase price of which the dealer receives any portion thereof other than the lawfully allowed commission; 12-16-115 (1) (j)

•     willfully convert to his or her own use or benefit the commodities of another; 12-16-221 (1) (f)

•     knowingly obtain any telecommunications service by charging such service to or causing such service to be charged to a stolen or fraudulent telephone number, access device, or credit card number, or by any method of code calling, or by installing, rearranging, or tampering with any equipment, physically or electronically, or by the use of any other fraudulent means, method, trick, device, or scheme; 18-9-309 (3) (a)

•     obtain telecommunications services with fraudulent intent through the use of a false name, telephone number, address, or credit card number or through the unauthorized use of the name, telephone number, address, or credit card information of another; 18-9-309 (3) (b)