Yes. Colorado Revised Statute 18-4-406 is the state’s shoplifting offense statute. This law makes it a theft crime to knowingly take merchandise from a store with the intention of permanently depriving the store owner of the merchandise.
If your shoplifting case goes to trial, the jury may presume that you intended to shoplift if you concealed the merchandise while taking it.1
Criminal sentence
The penalties for violating CRS 18-4-406 depend on the price of the shoplifted goods. In addition to any criminal fines and incarceration, you will be ordered to pay restitution to the store owner.
| Total value of the property | Colorado shoplifting fines and jail/prison terms* |
| Less than $300 | Petty offense:
|
| $300 to less than $1,000 | Class 2 misdemeanor:
|
| $1,000 to less than $2,000 | Class 1 misdemeanor:
|
| $2,000 to less than $5,000 | Class 6 felony:
|
| $5,000 to less than $20,000 | Class 5 felony:
|
| $20,000 to less than $100,000 | Class 4 felony:
|
| $100,000 to less than $1,000,000 | Class 3 felony:
|
| $1,000,000 or more | Class 2 felony:
|
| *When you allegedly shoplift from mercantile establishments at least twice in a six-month time span, the D.A. can bring one charge for the total value of the items.5 | |
In most cases, my clients are eligible to avoid jail time as well as a criminal conviction by completing a pretrial diversion program. Diversion typically involves paying fines and restitution, completing community service hours, and taking an educational class.
Fighting the charges
Here at Colorado Legal Defense Group, I have represented literally thousands of people charged with violating CRS 18-4-406. In my experience, the following three defenses have proven effective with prosecutors, judges, and juries.
- You did not intend to steal. You may have simply forgotten to stop at the cash register. Or perhaps you honestly believed the store owner gifted you the merchandise or agreed to allow you to pay later on. As long as you did not mean to steal the goods, the district attorney should dismiss the criminal charge.
- You were falsely accused. Maybe someone planted the merchandise on you. Or perhaps you were a victim of mistaken identity. I have had several cases where the cashier forgot to take off the theft detection device from purchased merchandise. Unless the prosecutors can prove beyond a reasonable doubt that you were a shoplifter, your theft charge should be dismissed.
- The police officers performed an illegal search. Law enforcement requires probable cause to execute a search and seizure. If the police discovered the merchandise from an unlawful search, then the judge may disregard it as evidence. This, in turn, could leave the D.A. with insufficient proof to prosecute.
All these defenses may be effective whether you are a low-level, first-time offender or a repeat offender facing felony theft charges. Typical evidence I rely on in these cases includes surveillance video, eyewitnesses, price tags, and receipts.6
Record seals
Your “class” of shoplifting conviction determines if and when you are eligible for a record seal:
| Shoplifting conviction class | Waiting period for Colorado record seal |
| Class 2 felonies or class 3 felonies | Never (your record is unsealable) |
| Petty offenses | 1 year after your case closes |
| Class 2 misdemeanors | 2 years after your case closes |
| All other convictions | 3 years after your case closes |
Note that dismissed charges are sealable right away.7 Learn about how to get a Colorado criminal record seal.
Statute of limitations
The statute of limitations for the D.A. to charge you with shoplifting depend on the value of the stolen goods:
| Colorado theft crime | Criminal statute of limitations |
| Petty theft (less than $300) | 6 months after the theft is discovered |
| Misdemeanor theft ($300 to less than $2,000) | 18 months after the theft is discovered |
| Felony theft / “grand theft” ($2,000 or more) | 3 years after the theft is discovered8 |
Additional resources
If you are a compulsive shoplifter, you can find help here:
- Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Secular weekly self-help group.
- Shoplifting Prevention (Adult) – Paid course by CBTclasses.
- Recoveries Anonymous – 12-step programs for shoplifting.
- Help for Shoplifters – Support group and toolkits provided by the Shulman Center.
- How to Overcome Kleptomania – Six steps provided by The Recovery Village.
Legal References
- CRS 18-4-406.
- CRS 18-4-401.
- CRS 18-4-401.
- CRS 18-4-401.
- CRS 18-4-401; see also Halaseh v. People, (2020) CO 35, 463 P.3d 249. Prior to March 1, 2022, shoplifting less than $50 was a class 1 petty offense carrying up to 6 months in jail and/or up to $500 in fines; shoplifting $50 to less than $300 was a class 3 misdemeanor, carrying up to 6 months in jail and/or $50 to $750 in fines; shoplifting $300 to less than $750 was a class 2 misdemeanor, carrying 3 to 12 months in jail and/or $250 to $1,000 in fines; and shoplifting $750 to less than $2,000 was a class 1 misdemeanor, carrying 6 to 18 months in jail and/or $500 to $5,000 in fines. SB21-271.
- See also People in Interest of R.M.D., (Colo. 1992) 829 P.2d 852.
- CRS § 24-72-701-708.
- CRS 16-5-401.