3.3 Property Crimes: Theft, Burglary, Robbery, Arson & Trespass

Property Crimes: Theft, Burglary, Robbery, Arson & Trespass

Property offenses under Title 18, Article 4 of the Colorado Revised Statutes represent a significant portion of all criminal investigations conducted by Colorado peace officers. Effective field charging requires an in-depth understanding of the statutory theft value tiers, aggregation rules, motor vehicle theft classifications following recent legislative overhauls, the armed representation doctrine in aggravated robbery, and the structural categories defining burglary and arson.

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1. Colorado General Theft Statute & Value Tiers (C.R.S. § 18-4-401)

A person commits Theft under C.R.S. § 18-4-401 when they knowingly obtain, retain, or exercise control over anything of value of another without authorization, or by threat or deception, and:

1. Intend to deprive the other person permanently of the use or benefit of the thing of value;
2. Knowingly use, conceal, or abandon the thing of value in such manner as to deprive the other person permanently of its use or benefit; OR
3. Use, conceal, or abandon the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit.

Statutory Theft Value Classification Schedule

Colorado classifies theft offenses strictly according to the fair market value of the stolen property at the time and place of the taking:

The 6-Month Aggregation Rule (C.R.S. § 18-4-401(4))

When a suspect commits a series of thefts pursuant to one scheme or course of conduct within a six-month period, all thefts may be aggregated together and charged as a single count of theft. The total combined value of all stolen property determines the statutory offense grade, even if individual takings were from different victims or locations across multiple jurisdictions.

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2. Motor Vehicle Theft (C.R.S. § 18-4-409) — The 2023 Statutory Overhaul

Under Senate Bill 23-097, Colorado completely overhauled its motor vehicle theft laws, eliminating value-based tiers and establishing a conduct-based structure:

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|                       COLORADO MOTOR VEHICLE THEFT (C.R.S. § 18-4-409)                         |
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|  FIRST-DEGREE MOTOR VEHICLE THEFT (Felony Tier)                                                |
|  - Knowingly obtains or exercises unauthorized control over another's motor vehicle            |
|  - PLUS any one of the statutory aggravating factors:                                          |
|    1. Retains control for more than 24 hours                                                   |
|    2. Alters, removes, or disguises the VIN or license plates                                  |
|    3. Uses the vehicle in the commission of any crime (other than traffic)                     |
|    4. Causes $1,000 or more in property damage                                                 |
|    5. Flees the state of Colorado with the vehicle                                             |
|    6. Possesses or uses a deadly weapon during the theft or retention                          |
|    7. Alters or disguises the physical appearance of the vehicle                               |
|  - Graded as Class 3, 4, or 5 Felony based on aggravating factors and prior record             |
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|  SECOND-DEGREE MOTOR VEHICLE THEFT                                                             |
|  - Knowingly obtains or exercises unauthorized control over another's motor vehicle            |
|  - WITHOUT any of the statutory aggravating factors (e.g., joyriding returned within 24 hours) |
|  - Class 1 Misdemeanor (Base) | Class 5 Felony (If offender has prior MVT conviction)           |
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3. Robbery & Aggravated Robbery (C.R.S. Title 18, Article 4, Part 3)

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|                                 COLORADO ROBBERY COMPARISON                                    |
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|  ROBBERY (C.R.S. § 18-4-301) -> Class 4 Felony                                                 |
|  - Knowingly takes anything of value                                                           |
|  - From the person or presence of another                                                      |
|  - By the use of force, threats, or intimidation                                               |
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|  AGGRAVATED ROBBERY (C.R.S. § 18-4-302) -> Class 3 Felony (Extraordinary Risk)                 |
|  - Robbery PLUS any of the following:                                                          |
|    1. Armed with a deadly weapon with intent to kill/maim/wound if resisted                    |
|    2. Knowingly strikes or wounds the victim with a deadly weapon                              |
|    3. Puts victim in reasonable fear of death or SBI by use of a deadly weapon                 |
|    4. Has an armed accomplice present aiding and abetting                                      |
|    5. REASONABLE REPRESENTATION: Represents by verbal statement, gesture, or conduct that      |
|       he/she is armed with a deadly weapon (e.g., finger in pocket simulating gun)             |
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[!IMPORTANT] The Representation Doctrine: Under C.R.S. § 18-4-302(1)(d), if a perpetrator places a hand inside a jacket pocket and tells a bank teller, 'I have a gun, give me the money,' the perpetrator is guilty of Aggravated Robbery (Class 3 Felony), even if they were completely unarmed. The victim's reasonable belief based on the suspect's representation satisfies the statute.

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4. Burglary & Criminal Trespass (C.R.S. Title 18, Article 4, Parts 2 & 5)

Burglary Offenses (C.R.S. §§ 18-4-202 to 18-4-204)

Dwelling Defined (C.R.S. § 18-1-901(3)(g))

A "dwelling" is any building, structure, or portion thereof which is used or intended to be used for human habitation. Entering a residence or attached garage elevates Second-Degree Burglary to a Class 3 Felony.

Criminal Trespass Offenses (C.R.S. §§ 18-4-502 to 18-4-504)

• First-Degree Criminal Trespass (C.R.S. § 18-4-502): Knowingly enters or remains unlawfully in a dwelling of another, or enters any motor vehicle with intent to commit a crime therein (Class 6 Felony / Class 1 Misdemeanor).
• Second-Degree Criminal Trespass (C.R.S. § 18-4-503): Unlawfully enters or remains in enclosed or fenced real property, common areas of hotels/apartments, or enters a motor vehicle without intent to steal.
• Third-Degree Criminal Trespass (C.R.S. § 18-4-504): Unlawfully enters or remains on unenclosed, unfenced private land.

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5. Colorado Arson Statutes (C.R.S. Title 18, Article 4, Part 1)

• First-Degree Arson (C.R.S. § 18-4-102, Class 3 Felony): Knowingly damages any building or occupied structure of another with fire or explosives.
• Second-Degree Arson (C.R.S. § 18-4-103): Knowingly damages any property of another (other than a building or occupied structure, e.g., a vehicle, boat, or fence) by fire or explosives. Graded according to the general theft value schedule.
• Third-Degree Arson (C.R.S. § 18-4-104, Class 4 Felony): Intentionally damages any property with intent to defraud an insurer.
• Fourth-Degree Arson (C.R.S. § 18-4-105): Knowingly or recklessly starts a fire or causes an explosion on own or another's property and thereby places another person or building/occupied structure in danger of death, SBI, or bodily injury.