I have written more stories than I care to admit about the government intervening with parental decisions on how to discipline their children. But, I have to say, this one takes the cake. A father was arrested for taking his 12-year-old daughter’s cell phone away as a punishment. According to the news report, the man found some disrespectful text messages on his daughter’s phone and felt that she needed to be taught a lesson, so he took it away. When his ex-wife (a police officer) found out, she sent the police to his house to retrieve the phone and file a report for Theft. The father refused to return the phone and a few months later, a warrant was issued and the father was arrested for misdemeanor Theft. I guess that will teach him to try and raise respectful, well-behaved children, huh? This mom illustrates how she is more concerned for revenge against her ex, than for her children.
Larimer County Theft Attorney – Definition of Theft of a Cell Phone
The Colorado law definition of Theft – C.R.S. 18-4-401 – is:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Basically in Larimer, Boulder and Grand County, Theft is taking something of value from someone with the intention of never giving it back. Theft can be charged as a petty offense, misdemeanor, or felony depending on the value of the items taken.
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Misdemeanor Theft Sentence in Fort Collins
Anytime a person is accused, arrested, given a citation, or presented with a summons for a Theft under $2,000, they will be facing petty offense or misdemeanor charges.
Petty and Misdemeanor Theft Offenses:
| Class 1 Petty Offense Theft | Class 3 Misdemeanor Theft | Class 2 Misdemeanor Theft | Class 1 Misdemeanor Theft | |
| Item Value or Price Range | Less than $50 | $50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine
*6 months in Larimer County Jail |
*$750 fine
*6 months in Boulder County Jail |
*$1,000 fine
*12 months jail in Grand County Jail |
*$5,000
*18 months in Jackson County Jail |
While the article did not disclose the amount the phone was worth, the man was probably charged for the full actual value of the phone, not what his ex-wife paid for it. With more phone plans, they will offer rebates and discounts making the phone much less expensive than its retail value. However, in Theft cases, the retail value is all that matters to police. We have seen this happen to people who have been accused on Theft, where the item taken was an older model, but the value of the newest model is used. An experienced criminal defense attorney can correct this problem with a jury.