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One of those was Theft Of Rental Property 18-4-402 (1) – another was Theft By Receiving 18-4-410 (1) – both were repealed and relocated in the MAIN THEFT STATUTE 18-4-401.
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;
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:
(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,
(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;
(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.
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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).