“Shoplifting” Laws & Penalties in Colorado – C.R.S. §§ 18-4-401 & 18-4-406

In Colorado, shoplifting is retail theft prosecuted under C.R.S. § 18-4-401. Shoplifting can be a petty offense, misdemeanor, or felony depending on the value of the stolen merchandise.

Penalties for Shoplifting

• Less than $300:  Petty offense, carrying up to 10 days in jail and/or up to $300.
• $300 to less than $1,000:  Class 2 misdemeanor, carrying up to 120 days in jail and/or up to $750.
• $1,000 to less than $2,000:  Class 1 misdemeanor, carrying up to 364 days in jail and/or up to $1,000.
• $2,000 to less than $5,000:  Class 6 felony, carrying 1 year to 18 months in prison and/or $1,000 to $100,000.
• $5,000 to less than $20,000:  Class 5 felony, carrying 1 to 3 years in prison and/or $1,000 to $100,000.
• $20,000 to less than $100,000:  Class 4 felony, carrying  2 to 6 years in prison and/or $2,000 to $500,000.
• $100,000 to less than $1 million:  Class 3 felony, carrying 4 to 12 years in prison and/or $3,000 to $750,000.
• $1 million or more:  Class 2 felony, carrying 8 to 24 years in prison and/or $5,000 to $1,000,000.

In addition, courts may impose restitution payments. Under C.R.S. 13-21-107.5, vendors can also seek civil penalties from adult shoplifters (or the parents of minor shoplifters) from $100 to $250.

Additional Rules

• Intent:  An element of shoplifting is intent to permanently deprive the merchant of the stolen good(s).
• Concealment:  Under C.R.S. 18-4-406, courts may presume criminal intent if the alleged shoplifter conceals the merchandise they did not pay for.
• Detention:  Under C.R.S. 18-4-407, the store’s staff may briefly detain and question suspected shoplifters if they have reasonable grounds.

In this article, our law firm’s Denver, Colorado criminal defense lawyers discuss the following shoplifting topics:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• 5. Immigration Consequences
• 6. Related Crimes
• Frequently Asked Questions
• Additional Resources

1. Elements

For you to be convicted in Colorado, prosecutors must prove beyond a reasonable doubt these two elements:

1. You took goods from a retail establishment without the owner’s permission; and
2. You intended to deprive the owner of the merchandise permanently.

Many shoplifting cases involve suspects intentionally stealing merchandise from a store.¹ However, shoplifting also includes:

• Returning an item to a store that you did not buy in order to get money or credit (“fraudulent returns”); or
• Altering labels, price tags, or packaging to pay less money – or nothing – for an item.

Under Colorado law, courts may presume you “intended to steal” if you concealed the items you did not purchase while inside the store (such as by hiding them under your jacket or in your purse or pocket).²

Example: A Walmart security guard stops Kelly after seeing her leaving the store while holding a new iPhone box under her jacket that she did not pay for. Kelly gets charged with felony theft, and she elects to have a jury trial.

At trial, Kelly argues that she simply forgot to pay. However, the jury can make the reasonable inference that Kelly intended to steal because the iPhone was hidden. Had Kelly carried the iPhone openly when she left the store without paying, the jury could not automatically presume she intended to steal, and she would have had an easier time arguing it was an accident.

2. Penalties

You may be eligible for a pretrial diversion program in your shoplifting case. This would allow you to avoid getting a conviction. In return, you may have to pay a fine and restitution, take a class, and/or do community service.

Otherwise, Colorado’s punishments for shoplifters depend on the price of the stolen items:

Value of Stolen Merchandise	Colorado Shoplifting Penalties (plus Restitution)*
Less than $300 (“petty theft”)	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 year – 18 months in prison and/or $1,000 – $100,000 in fines
$5,000 to less than $20,000	Class 5 felony:  1 – 3 years in prison and/or $1,000 – $100,000 in fines
$20,000 to less than $100,000	Class 4 felony:  2 – 6 years in prison and/or $2,000 – $500,000 in fines
$100,000 to less than $1,000,000	Class 3 felony:  4 – 12 years in prison and/or $3,000 – $750,000 in fines
$1,000,000 or more	Class 2 felony:  8 – 24 years in prison and/or $5,000 – $1,000,000 in fines
*If you allegedly shoplifted twice or more from the same store pursuant to one scheme or course of conduct, the D.A. may bring one charge for the total value of the items. Or if you allegedly shoplifted more than once in a six-month period, the D.A. may bring one charge for the total value of the items.

Just in 2025, the Colorado Supreme Court has held that cities may prosecute low-level theft under their municipal codes, but they cannot impose a harsher maximum sentence than state law allows for the same conduct.

Colorado criminal law has no specific punishment for concealing goods you have not yet purchased.

Repeat Offenders

Note that Colorado has a special sentencing rule for repeat felony shoplifting under C.R.S. 18-4-413. If you are convicted of felony theft from a store after having two felony store-theft convictions within the previous four years, the judge must impose at least the minimum prison term for the new offense.

You are also ineligible for probation or a suspended sentence under C.R.S. 18-4-413. This repeat felony shoplifting rule generally does not apply when multiple thefts are combined into one charge under Colorado’s aggregation law.³

See our related article, When is theft charged as a felony in Colorado?

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people accused of shoplifting. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting retail theft charges reduced or dismissed.

1) You Had No Intent to Steal

Perhaps you simply forgot to pay. Or perhaps someone else planted the merchandise on you. Or maybe you believed the store owner agreed to let you pay at a later time.⁴

Either way, there is no definitive way for the prosecutor to prove what was going on in your head. As long as we have an innocent explanation that raises a reasonable doubt, the D.A. may dismiss the case.

2) You Did Not Shoplift

Perhaps the cashier forgot to remove the theft detection device. Or perhaps someone else shoplifted, and the cashier mistook you for the actual thief.

The evidence we rely on to show that you paid includes the receipt, eyewitness testimony, and video surveillance footage. If we can show the D.A. that the full price was exchanged for the items, they may agree to drop the theft charges.

3) The Police Performed an Illegal Search

In every case, we scrutinize the police’s actions for evidence of misconduct. If law enforcement may have performed an unlawful search and seizure in your case, we would ask the judge to suppress any evidence found from their unlawful actions.

If the judge agrees, the D.A. may be left with a case that is too weak to prosecute. At that point, prosecutors usually offer to reduce your charge or dismiss your case altogether.

4. Record Seals

The following table spells out the waiting period before you can seal shoplifting cases from your criminal record.

Colorado Theft Conviction	Record Seal Wait Time
Class 2 felonies; and Class 3 felonies	Can never be sealed
Class 4 felonies; Class 5 felonies; Class 6 felonies; and Class 1 misdemeanors	3 years after the case ends
Class 2 misdemeanors	2 years after the case ends
Petty offenses	1 year after the case ends

Note that any theft case that gets dismissed can be sealed right away.⁵ Learn about how to get a Colorado criminal record seal.

5. Immigration Consequences

Shoplifting is a crime involving moral turpitude. Therefore, theft offenses are possibly deportable. A non-citizen defendant would be less likely to be deported if the shoplifting conviction were just a petty offense or a class 2 misdemeanor.⁶

Non-citizens facing criminal charges should hire an attorney right away. An attorney may be able to get the charges dismissed or reduced to a non-deportable crime. Learn more about the criminal defense of immigrants.

6. Related Crimes

Robbery

Robbery (C.R.S. 18-4-301 – 303) is knowingly taking anything of value from another person — or in another person’s presence — by the use of force, threats, or intimidation. The classic example is holding up a cashier at gunpoint. Robbery is a felony. Depending on the case, penalties include:

• 2 – 48 years in prison and/or
• $2,000 – $750,000.

Burglary

Burglary (C.R.S. 18-4-202 – 204) is knowingly entering unlawfully, or unlawfully remaining, on someone else’s property with the intent to commit a crime. The classic example is sneaking into someone’s home to steal valuables. Burglary can be a misdemeanor or a felony.

Receiving Stolen Property

Receiving stolen property (C.R.S. 18-4-404) is punished the same as shoplifting in the state of Colorado.

Frequently Asked Questions

Is shoplifting a separate crime from theft in Colorado?

No. Colorado prosecutes shoplifting under its general theft law, C.R.S. 18-4-401. C.R.S. 18-4-406 provides that willfully concealing unpurchased merchandise is evidence from which a judge or jury may infer an intent to steal.

In our experience, complaints and summonses usually identify the charge simply as “theft.” The value of the merchandise then determines whether the case is a petty offense, misdemeanor, or felony.

Do I have to leave the store to be charged with shoplifting?

No. Colorado prosecutors do not necessarily have to prove that you left the store. Theft may be complete when you knowingly exercise unauthorized control over merchandise with the required intent, and deliberately concealing an unpurchased item can be evidence of that intent.

In cases we handle, however, the location and timing of the stop can matter. Being stopped well before the exit may support an argument that you still intended to pay, particularly when your conduct has an innocent explanation.

Can I be convicted of shoplifting if I forgot to scan an item?

Only if Colorado prosecutors prove the required criminal intent beyond a reasonable doubt. A genuine self-checkout mistake, distraction, or failure to notice an item generally is not theft because an accident is not the same as knowingly stealing.

In our experience, prosecutors look at the entire transaction, including surveillance video, the number and value of unscanned items, how other items were scanned, and what you said after being stopped. One unscanned item does not automatically prove shoplifting.

Is changing a price tag considered shoplifting in Colorado?

It can be. Knowingly changing, switching, or covering a price tag to pay less may support a theft charge because it can show that you obtained merchandise through deception or without authorization. The charge level ordinarily depends on the value allegedly stolen.

From what we have seen, these cases often turn on proof of who changed the tag and whether the person knew the displayed price was wrong. Store video and the condition of the packaging can be especially important evidence.

Can a Colorado store detain someone suspected of shoplifting?

Yes, under limited circumstances. C.R.S. 18-4-407 generally protects a merchant or employee who had probable cause, acted in good faith, and detained and questioned the person in a reasonable manner.

In our experience, disputes often concern whether loss-prevention personnel actually saw a theft and whether the detention became unnecessarily long or forceful. Anyone who is stopped should remain calm and avoid physically resisting, even if they believe the store made a mistake.

Can I be charged if the store recovered all its merchandise?

Yes. Returning or recovering the merchandise does not automatically erase a theft that was already committed. Recovery may reduce or eliminate the store’s restitution claim, but it does not necessarily require prosecutors to dismiss the criminal charge.

In cases we handle, undamaged merchandise recovered immediately can still help during negotiations. It may make diversion, a deferred judgment, or another favorable resolution more realistic, especially for a first offense.

What is a Colorado shoplifting civil demand letter?

A civil demand letter is separate from the criminal prosecution. Under C.R.S. 13-21-107.5, a store may pursue actual damages plus a civil penalty of between $100 and $250, even without a criminal theft conviction. Parents or guardians can be civilly liable when an unemancipated minor is accused.

We tell clients not to assume that paying the demand will dismiss the criminal case—it ordinarily will not. It is wise to have a lawyer review the letter before responding because the civil claim and criminal charge proceed separately.

Can multiple shoplifting incidents be combined into one felony charge?

Yes, in some cases. Colorado allows thefts committed within six months to be aggregated into a single count. Thefts against the same victim may also be combined when they were committed as part of one scheme or course of conduct. The combined value determines the offense level.

Aggregation can turn several lower-level incidents into a felony case. We carefully examine whether the prosecution can prove each alleged theft and whether the incidents legally qualify to be combined.

Is a first shoplifting offense eligible for diversion?

Possibly. Colorado law allows pretrial diversion, but eligibility and program terms depend on the prosecutor, judicial district, facts, value of the merchandise, and the defendant’s history. Successful completion ordinarily results in dismissal rather than a conviction.

In our experience, first-time defendants accused of lower-value theft often have the best chance of receiving diversion or a deferred judgment. Completing an anti-theft class, paying any proven loss, and avoiding new charges can help produce a better outcome.

Will I go to jail for a first shoplifting offense in Colorado?

Not necessarily. Although Colorado law authorizes jail for petty-offense and misdemeanor theft, a jail sentence is not automatic. A judge may consider the merchandise’s value, prior record, circumstances of the offense, restitution, and eligibility for diversion or probation.

From what we have seen, many first-time, low-level cases end without jail. Still, defendants should take the charge seriously because a theft conviction can affect employment, housing, professional licenses, and immigration status.

What happens after repeated felony shoplifting convictions?

Colorado has a special repeat-offender rule. A person convicted of felony theft from a store after two felony store-theft convictions within the preceding four years must receive at least the minimum prison term and is ineligible for probation or a suspended sentence, subject to the statutory aggregation exception.

In cases involving prior theft convictions, we verify the dates, offense levels, locations, and final dispositions. A prior arrest or misdemeanor theft does not necessarily satisfy this felony repeat-offender rule.

Can a Colorado shoplifting conviction be sealed?

Many shoplifting convictions can eventually be sealed. The usual petition waiting periods are one year for an eligible petty offense, two years for a class 2 misdemeanor, and three years for a class 1 misdemeanor or class 4, 5, or 6 felony. Class 2 and class 3 felony convictions generally cannot be sealed.

We tell clients that dismissal, diversion, or a successfully completed deferred judgment can provide a faster path to sealing than a conviction. Before filing, it is important to confirm that the entire case is eligible and that restitution and other court-ordered amounts have been resolved.

What is the difference between petty theft and shoplifting in Colorado?

Petty theft describes the offense level, while shoplifting describes where or how the theft allegedly occurred. Theft of property worth less than $300 is a petty offense regardless of whether the property was taken from a store, workplace, friend, or somewhere else. Shoplifting means stealing or trying to underpay for retail merchandise and can be a petty offense, misdemeanor, or felony depending on value.

In our experience, people often assume all shoplifting is petty theft. A cart containing several expensive products—or multiple incidents that prosecutors can aggregate—can quickly raise a shoplifting case to a misdemeanor or felony.

Can I be charged with attempted shoplifting in Colorado?

Yes. Under C.R.S. 18-2-101, attempted shoplifting occurs when you act with the required criminal intent and take a substantial step toward committing theft, even though the theft is not completed. Mere preparation or suspicious behavior is not necessarily enough; the conduct must strongly confirm a firm purpose to complete the crime.

In cases we see, prosecutors may allege an attempt when store employees intervene before the person leaves with or gains full control over the merchandise. We try to show prosecutors that our client’s conduct indicated no intent to steal and had an innocent explanation.

Can shoplifting affect my job, housing, or professional license?

Yes. A shoplifting conviction creates a public criminal record unless and until it is sealed. Because theft is considered a dishonesty offense, it may concern employers, landlords, schools, and professional licensing agencies, although the consequences depend on the position, license, and facts of the case.

In our experience, these indirect consequences can be more damaging than the fine or court sentence. This is one reason we try to obtain diversion, dismissal, or a deferred judgment when possible and then help clients pursue record sealing.

Does Colorado recognize the shopkeeper’s privilege?

Yes. Under C.R.S. 18-4-407, a store owner or employee generally may detain and question a suspected shoplifter without civil or criminal liability if they have probable cause, act in good faith, and use a reasonable manner. The law does not permit a baseless, excessively long, or unnecessarily forceful detention.

In our experience, security video and witness accounts can show whether store employees had a valid reason for the stop and treated you reasonably. Even if you believe the detention is unlawful, we advise staying calm and not physically resisting because resistance can lead to additional allegations.

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.

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Legal References