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- 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.
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Theft of Rental Property 18-4-402 (1)
Theft of Rental Property 18-4-402 (1) – In 2013 – the Colorado state legislature TOTALLY REDRAFTED many of the Theft Related Criminal Offenses in Colorado
One of those was Theft Of Rental Property 18-4-402 (1) – another was Theft By Receiving 18-4-410 (1) – both were repealed and relocated in the MAIN THEFT STATUTE 18-4-401.
Theft of Rental Property 18-4-402 (1)
Prior to August of 2013 the following law on the crime of Theft of Rental Property was the law:
Theft of Rental Property 18-4-4-2 (1)
A person commits theft of rental property if he or she:
a) obtains the temporary use of the personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the owner;
or
b) having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner within 72 hours after the time he or she has agreed to return it. 18-4-402 (1)
After August of 2013 – the crime was subsumed in 18-4-401 as follows:
18-4-401. Theft.
(1) A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen,
and:
(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 seventytwo hours after the agreed-upon time of return in any lease or hire agreement.
(1.5) For the purposes of this section, a thing of value is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.
[HMS – The next section sets up the penalties for each level of f theft].(2) Theft is:
(b) A class 1 petty offense if the value of the thing involved is less than fifty dollars;
(c) A class 3 misdemeanor if the value of the thing involved is fifty dollars or more but less than three hundred dollars;
(d) A class 2 misdemeanor if the value of the thing involved is three hundred dollars or more but less than seven hundred fifty dollars;
(e) A class 1 misdemeanor if the value of the thing involved is seven hundred fifty dollars or more but less than two thousand dollars;
(f) A class 6 felony if the value of the thing involved is two thousand dollars or more but less than five thousand dollars;
(g) A class 5 felony if the value of the thing involved is fivethousand dollars or more but less than twenty thousand dollars;
(h) A class 4 felony if the value of the thing involved is twenty thousand dollars or more but less than one hundred thousand dollars;
(i) A class 3 felony if the value of the thing involved is one hundred thousand dollars or more but less than one million dollars; and
(j) A class 2 felony if the value of the thing involved is one million dollars or more.
Denver Colorado Criminal Defense Lawyer
ABOUT THE AUTHOR: H. Michael Steinberg email at [email protected]
If you are charged with Theft of Rental Property 18-4-402 (1), 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. 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. Remember, it costs NOTHING to discuss your case. So call now for an immediate free phone consultation.
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 of Rental Property 18-4-402 (1).
Other Articles of Interest:
- Colorado Theft Crimes Defenses – Strategies To Defend Against Theft Charges – 18-4-401
- Equity Skimming Of Real Property 18-5-802
- 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 Criminal Theft Law – A Civil Suit For Theft 18-4-405- Treble Damages – The Other Shoe Drops
