Entries Feed
Contact Us
- Make a Payment
- Theft Crimes Blog
- Attorney Profile
- Helping The DA To “See” The Impact Of Colorado Drug Convictions And College Applications
- Colorado Extradition Law – Can I Post Bail Before I Am Extradited?
- Colorado Expedited Sealing Law – 24-72-702.5 – Unexpected Delays In Certain Cases
- Concealment of Goods 18-4-406 and Questioning of Persons Suspected of Theft 18-4-407
- Colorado Theft Crimes – How Can The State Prove The Value Of What Was Stolen? Evidence Of Value 18-4-414
- Transactions for Profit in Stolen Goods 18-4-411
- How To Defend A Colorado Criminal Theft Charge – Tactics And Common Sense
- Colorado Shoplifting Laws And Common Defenses To Colorado Shoplifting Crimes Part I of II
- Colorado Shoplifting Laws And Common Defenses To Colorado Shoplifting Crimes Part II of II
- Colorado Basic -Theft Charges
- Theft – Detection Devices 18-4-417
- Understanding The Colorado Laws Of Embezzlement, Theft and Larceny Part I of II
- Understanding The Colorado Laws Of Embezzlement, Theft and Larceny Part II of II
- Understanding Colorado Criminal Fraud and Forgery Laws 18-5-102
- Colorado Criminal Theft Laws – Understanding The Nature Of Embezzlement Crimes
- Is Shoplifting The Same As Theft Under Colorado Criminal Law?
- Colorado Shoplifting Law – How Far Can The Store Go To Make An Arrest?
- Understanding The Colorado Identity Theft Law |18-5-902
- A Guide To The Crimes Of Theft Under Colorado Law
- Obtaining Control Over Any Stolen Thing of Value 18-4-404 and Theft By Receiving Stolen Property
- Colorado Theft Crimes 18-4-401
- Theft of Rental Property 18-4-402 (1)
- Theft of Trade Secrets 18-4-408
- Understanding The Crime of Receiving Stolen Property In Colorado
- Aggravated Motor Vehicle Theft 18-4-409 – First and Second Degree
- Colorado Criminal Extortion – Aggravated Extortion 18-3-207
- Computer Crime 18-5.5-102
- Identity Theft Crimes In Colorado
- Identity Theft 18-5-902
- Criminal Possession of a Financial Device 18-5-903
- Criminal Possession of an Identification Document 18-5-903.5
- Gathering Identity Information by Deception 18-5-904
- Possession of Identity Theft Tools 18-5-905
- Colorado Identity Theft Law 18-5-902 – A Colorado Criminal Defense Lawyer To Represent You
- Sentencing and Penalties In Colorado Theft Cases
- Transitioning From The Colorado DOC (Prison System) To The Colorado Community Corrections System (Half Way House System)
- Colorado Robbery Crimes
- Colorado Fraud Based Crimes
- Colorado Burglary Crimes
- Coloroado Forgery Based Crimes
- Colorado Financial Transaction Device Crimes
- Colorado Equity Skimming Crimes
- Articles About Colorado Theft Crimes
- Colorado Criminal Law – Understanding The Power Of District Attorneys and Prosecutors To Bring Charges – Pre-Filing Representation
- Understanding Colorado Theft Crimes Against At Risk Adults And Juveniles – 18-6.5-103
- Mandatory Sentencing To Jail – Prison For Repeat Convictions For Felony Theft – 18-4-413
- Colorado At Risk Sentencing Enhancers – When The Alleged Victim Has Special Victim Status Under Colorado Criminal Law
- A Denver Colorado Criminal Lawyer Warns – NEVER Agree To Speak To The Police – But If You Do…
- Objecting To DA’s Use Of Computer Simulations – Animations – Colorado Criminal Law Series
- Plea Bargaining And Sentencing – The Role Of Mitigation – Colorado Criminal Lawyer Series
- Colorado Expands Mandatory Reporting Law To Cover The Elderly In 2014
- Defending Yourself In A Colorado Criminal Case – Understanding The Alternate Suspect Defense
- Colorado Criminal Law – What Exactly IS Proof Beyond A Reasonable Doubt – When Juries Should Acquit – Finding The Accused Not Guilty
- Colorado Criminal Law – Restitution Orders Can Exceed Actual Amount Of The Crime Charged
- “I Am In Prison And I Have A Second Case” – The Colorado The Uniform Mandatory Disposition of Detainers Act (“UMDDA”)
- Colorado Criminal Theft Law – A Civil Suit For Theft 18-4-405- Treble Damages – The Other Shoe Drops
- Shocker – Colorado Police Can Legally Lie To You – Colorado Criminal Law
- Colorado Criminal Law – Understanding Kleptomania – The Compulsion To Steal
- Colorado Criminal Theft Law – How Do They Prove Value?
- Colorado Theft – Statute Of Limitations Starts At “Discovery Of The Crime” – 16–5–401 And 18-4-401.
- Federal Theft – Forgery and Fraud Crimes
- A Guide To The Defense Of Persons With Mental Illness In The Colorado Criminal Justice System
- Case Evaluation
- Location / Contact
- Site Map
- Links and Resources
- Entries Feed
Theft – Detection Devices 18-4-417
Theft – Detection Devices 18-4-417 – If you have been charged with a Colorado Theft Based Crime you will need to know at least three things about that charge to make intelligent decisions about how to proceed.
Theft – Detection Devices 18-4-417
First, what are “the basic elements” of the crime filed against you? What is required to prove this crimes or these crimes in a Colorado Court of Criminal Law beyond a reasonable doubt?
These elements are laid out logically in the Colorado Criminal Jury Instruction for this crime:
The elements of the crime of unlawful acts – theft detection devices are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. [knowingly manufactured, distributed or sold a theft detection shielding device or theft detection deactivation device,
4. with the knowledge that some person intends to use the device in the commission of an offense involving theft.]
-or-
3. [knowingly possessed a theft detection shielding device or a theft detection deactivating device,
4. with the intent to use the device possessed or with the knowledge that some person intends to use the device possessed in the commission of an offense involving theft.]
-or-
3. [knowingly deactivated or removed a theft detection device or any component thereof in a store or mercantile establishment without authorization prior to purchase,] [4 or 5. without the affirmative defense in instruction number __________.]
Second, you need to know what “level” the crime is. Is it a felony or a misdemeanor? Or is it a petty offense – or a Municipal Code (City) violation? This tells you the possible penalties or punishment for this crime under he law.
Any person who violates any of the provisions of subsection (1) of this section commits a class 1 misdemeanor.
Third, you need access to be able to read the entire law – the statute itself to study exactly how it is drafted.
Here is an EXACT REPRINT of the law in question with commentary where needed [HMS …..]:
Theft – Detection Devices 18-4-417
(1)(a) It is unlawful for any person to knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating device with the knowledge that some person intends to use the device in the commission of an offense involving theft.
(b) It is unlawful for any person to possess a theft detection shielding device or a theft detection deactivating device with the intent to use the device possessed, or with the knowledge that some person intends to use the device possessed, in the commission of an offense involving theft.
(c) It is unlawful for any person to knowingly deactivate or remove a theft detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase.
(2) As used in this section:
(a) “Theft detection deactivating device” means any tool, instrument, mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization. “Theft detection deactivating device” includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices.
(b) “Theft detection device” means an electronic or magnetic mechanism, machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment.
(c) “Theft detection shielding device” means any tool, instrument, mechanism, or article adapted, designed, engineered, used, or operated to avoid detection by a theft detection device during the commission of an offense involving theft. “Theft detection shielding device” includes, but is not limited to, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices.
(3) Any person who violates any of the provisions of subsection (1) of this section commits a class 1 misdemeanor.
Please Contact Us If You Have Any Questions About ..
….Theft – Detection Devices 18-4-417
Reading the law – especially Colorado Criminal Law – may lead to even more questions about the meaning of certain terms and how they relate to your specific case. I you would like to speak with H. Michael Steinberg about your legal criminal defense needs, please call him in Denver, Colorado at his business number 303-627-7777 or his cell 720-220-2277 or email us at mailto: [email protected]
Written by H. Michael Steinberg
ABOUT THE AUTHOR: H. Michael Steinberg
If you are charged with Theft – Detection Devices 18-4-417, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing only in Colorado Criminal Law along the Front Range of Colorado . He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving .. Theft – Detection Devices 18-4-417.
Other Articles of Interest:
- Criminal Possession Of Forgery Devices 18-5-109
- Criminal Possession Of Forgery Devices 18-5-706
- Colorado Financial Transaction Device Crimes
- Colorado Shoplifting Laws And Common Defenses To Colorado Shoplifting Crimes Part II of II
- Colorado Identity Theft Law 18-5-902 – A Colorado Criminal Defense Lawyer To Represent You
