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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

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: hmichaelsteinberg@hmichaelsteinberg.com

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 30 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.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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5445 DTC Parkway, Penthouse 4
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