Section 18-4-409 - Motor vehicle theft - definitions(1) As used in this section, unless the context otherwise requires: (a) "Motor vehicle" means any self-propelled vehicle that is designed primarily for travel on public highways and that is generally and commonly used to transport persons and property over the public highways.(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 motor vehicle theft in the first degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or reasonably should have known that the act was without authorization or was by threat or deception; and the person has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in this state, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.(3) A person commits motor vehicle theft in the second degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; and:(a) The person retains possession or control of the motor vehicle for more than twenty-four hours;(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;(c) The person attempts to alter or remove or alters or removes the vehicle identification number;(d) The person removes the motor vehicle from this state;(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;(f) The person or a participant causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or(II) A first or second degree criminal trespass of the motor vehicle; or(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.(4) A person commits motor vehicle theft in the third degree if the person knowingly:(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.(c) (Deleted by amendment, L. 2023.)(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.(6)(a) Motor vehicle theft in the first degree is a class 3 felony.(b) Motor vehicle theft in the second degree is a class 4 felony.(c) Motor vehicle theft in the third degree is a class 5 felony.(7) A person whose conduct is limited to the elements of this section is not subject to prosecution pursuant to section 18-4-401.Amended by 2023 Ch. 309,§ 1, eff. 7/1/2023.Amended by 2021 Ch. 462, § 207, eff. 3/1/2022.Amended by 2021 Ch. 460, § 9, eff. 1/1/2022.Amended by 2014 Ch. 155, § 6, eff. 8/6/2014.L. 71: R&RE, p. 430, § 1. C.R.S. 1963: § 40-4-409. L. 77: Entire section R&RE, p. 974, § 4, effective July 1. L. 79: (2)(e) amended and (2)(f) added, p. 736, § 1, effective April 25; (2)(e) and (4) amended and (2)(g) and (2)(h) added, p. 727, §§ 4, 5, effective July 1. L. 80: IP(2), IP(3), and (4) amended, p. 532, § 1, effective January 29. L. 87: (2)(a) and (2)(g) amended, p. 668, § 2, effective July 1. L. 92: (3) amended, p. 434, § 3, effective April 10. L. 95: (3)(b) and (4) amended, p. 1253, § 12, effective July 1. L. 99: Entire section amended, p. 1164, § 1, effective 7/1/2000. L. 2001: (2)(e) amended, p. 59, § 1, effective August 8. L. 2003: (4.5) added, p. 1845, § 1, effective July 1. L. 2007: (3) and (4) amended, p. 1692, § 5, effective July 1. L. 2014: (3) amended, (HB 14-1266), ch. 155, p. 539, § 6, effective August 6.Subsection (4.5)(b) provided for the repeal of subsection (4.5), effective January 1, 2022. (See L. 2021, pp. 3099, 3104.)
For the legislative declaration contained in the 2007 act amending subsections (3) and (4), see section 1 of chapter 384, Session Laws of Colorado 2007.