In Fort Collins and Larimer County, prior to June 5, 2023 an allegation of someone stealing another’s car or truck was charged as Aggravated Motor Vehicle Theft. However, recently, the governor signed a new law modifying Motor Vehicle Theft. Now, going forward, there are three degrees of Motor Vehicle Theft – Motor Vehicle Theft in the First Degree, Motor Vehicle Theft in the Second Degree, and Motor Vehicle Theft in the Third Degree – along with a new charge of Unauthorized Use of a Motor Vehicle. The previous statute was charged as a felony or misdemeanor based on the value of the vehicle. The new statute has different sentencing requirements. Let’s take a look at the language of these new criminal charges.
Larimer County Motor Vehicle Theft in the First Degree: Definition of First Degree Motor Vehicle Theft in Colorado
The Larimer County, Colorado law definition of Motor Vehicle Theft in the First Degree – C.R.S. 18-4-409(2) – is:
It seems the key to this charge is the number of offenses. You must have 2 or more previous offenses related to stealing a vehicle in order to get charged with this crime. 1st Degree Motor Vehicle Theft is a class 3 felony.
Motor Vehicle Theft in the Second Degree Lawyer: Colorado Definition of Second Degree Motor Vehicle Theft
The Colorado law definition of Motor Vehicle Theft in the Second Degree – C.R.S. 18-4-409(3) – is:
(a) The person retains possession of control of the motor vehicle for more than twenty-four hours;
(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;
(c) The person attempts to alter or remove or alters or removes the vehicle identification number;
(d) The person removes the motor vehicle from the state;
(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;
(f) The person or participant causes one thousand dollars or more in property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;
(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;
(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:
(I) A traffic offense except eluding a peace officer as described in section 42-4-1413; or
(II) A first or second degree criminal trespass of the motor vehicle; or
(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.
This is the charge that is similar to the previous Aggravated Motor Vehicle Theft statute. It is not enough just to take a vehicle without permission. You must then also do one of the above listed aggravators in order to be charged with this class 4 felony.
Motor Vehicle Theft in the Third Degree in Loveland and Estes Park: Definition of 3rd Degree Motor Vehicle Theft in Colorado
The Fort Collins, Loveland, and Estes Park, Colorado law definition of Motor Vehicle Theft in the Third Degree – C.R.S. 18-4-409(4) – is:
(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or
(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.
This crime is charged when someone takes a car and none of the aggravators listed in the 2nd Degree Motor Vehicle Theft statute apply. Third Degree Motor Vehicle Theft is a class 5 felony.
Unauthorized Use of a Motor Vehicle in Larimer County, Colorado: What is Unauthorized Use of a Vehicle?
The new law – Unauthorized Use of a Motor Vehicle – C.R.S. 18-4-409.5 – is:
(a) The person does not commit a criminal offense other that a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and
(b) The motor vehicle is returned to the owner or recovered by law enforcement within twenty-four hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle.
Unauthorized use of a motor vehicle is a class 1 misdemeanor; except that a second or subsequent offense is a class 5 felony.
If you or someone you love has been charged with Motor Vehicle Theft or Unauthorized Use of a Motor Vehicle, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
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