CRS § 18-4-404 – Theft by Receiving Stolen Property

CRS § 18-4-404 states that:

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.

In this article, our Denver Colorado criminal defense attorneys will discuss:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Record Sealing
• Additional Reading

1. Elements

Receipt of stolen property is taking possession of items you know have been stolen.¹

Example: Henry tells his brother that he just stole an iPhone from a lady’s purse, and he asks the brother to hold onto it for him. If the brother agrees, he would be committing receipt of stolen property since he knows that the phone had been stolen.

If you receive property without knowing it has been stolen, you are innocent.² Though you may be required to forfeit the property to the police.

2. Penalties

The punishment for knowingly receiving stolen items turns on the aggregate value of the property.

Value of the items stolen	Sentence for Receipt of Stolen Property in Colorado
Less than $300	petty offense up to 10 days in jail and/or up to $300 in fines
$300 to less than $1,000	class 2 misdemeanor up to 120 days in jail and/or up to $750 in fines
$1,000 to less than $2,000	class 1 misdemeanor up to 364 days in jail and/or up to $1,000 in fines
$2,000 to less than $5,000	class 6 felony 1  to 1 ½ years in Colorado State Prison (with 1 year mandatory parole) and/or $1,000 to $100,000 in fines
$5,000 to less than $20,000	class 5 felony 1 to 3 years in prison (with 2 years mandatory parole) and/or $1,000 to $100,000 in fines
$20,000 to less than $100,000	class 4 felony 2 to 6 years in prison (with 3 years mandatory parole) and/or $2,000 to $500,000 in fines
$100,000 to less than $1,000,000	class 3 felony 4 to 12 years in prison (with 5 years mandatory parole) and/or $3,000 to $750,000 in fines
$1,000,000 or more	class 2 felony 8 to 24 years in prison (with 5 years mandatory parole) and/or $5,000 to $1,000,000 in fines3

Note that you can be convicted of receiving stolen property even if the person who physically stole them is never caught or convicted.⁴ Also note that the property owner may sue you to recover three times the owner’s damages (or $200, whichever is greater). Plus you may have to pay the cost of the lawsuit and reasonable attorney fees.⁵

3. Defenses

The best defense to a Colorado theft by receiving charge will depend on the specific facts of the case. Seven common legal defense strategies are to argue that either:

1. You are the rightful owner of the property;
2. You intended to give the property back to the rightful owner;
3. The property was lost or abandoned by the original owner — not stolen;
4. You had no control over the stolen property;
5. You had a good faith belief that the property was not stolen;
6. The property was worth less than what the prosecutor says; or
7. The property was found as the result of an illegal search by law enforcement peace officers or other police misconduct.

The theft charge should be dropped as long as the district attorney cannot prove guilt beyond a reasonable doubt.

4. Record Sealing

If the charge for receiving stolen property gets dismissed, then there is no wait under Colorado criminal law to petition the court for a record seal. Otherwise, the wait time depends on the crime category for which you were convicted. Convictions of class 2 or 3 felonies remain on your record forever.

CRS 18-4-404 conviction	Waiting time for Colorado record seal
Petty offenses	1 year after the case ends
Class 2 misdemeanors (and class 3 misdemeanors as they existed prior to March 1, 2022)	2 years after the case ends
Class 1 misdemeanors, class 6 felonies, class 5 felonies, or class 4 felonies	3 years after the case ends
Class 3 felonies or class 2 felonies ($100,000 and higher)	Never

Learn how to seal Colorado criminal records.⁶

Additional Reading

For more information, see our related articles by our Colorado criminal defense attorneys:

• Shoplifting (CRS 18-4-406) – stealing from a retail establishment.
• Embezzlement – stealing or misappropriating property that had been entrusted to you.
• Motor vehicle theft (CRS 18-4-409) – stealing an automobile.
• Identity theft (CRS 18-5-902) – using someone else’s personal or financial identifying information, without permission, to make a payment or to obtain anything of value.
• Theft of trade secrets (CRS 18-4-408) – stealing a trade secret, disclosing a trade secret to an unauthorized person, or making an unauthorized copy of an article representing a trade secret.

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Legal References