Theft of Trade Secrets 18-4-408

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.

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?

The elements of the Colorado crime of theft of trade secrets are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. with intent to [deprive or withhold from the owner thereof the control of a trade secret] OR [appropriate a trade secret to his own use, or to the use of another],

4. [stole] [disclosed to an unauthorized person] [without authority, made, or caused to be made a copy of an article representing] a trade secret.

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? Is it a petty offense – or a Municipal Code (City) violation? This tells you the possible penalties or punishment for this crime under Colorado criminal law.

Theft of Trade Secrets 18-4-408 …. is a CLASS 5 FELONY –

(CLICK HERE for a LINK To the Charts For Colorado Felony Penalties

Third, you need access to be able to read the entire law – the statute itself – to study exactly how it is drafted and how it can be used against you.

Here is an EXACT REPRINT of the law in question with commentary where needed [HMS …..]:

18-4-408. Theft of trade secrets – penalty

(1)

Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, steals or discloses to an unauthorized person a trade secret, or, without authority, makes or causes to be made a copy of an article representing a trade secret, commits theft of a trade secret.

(2)	As used in this section:

(a)	“Article” means any object, material, device, or substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map.

(b)	“Copy” means any facsimile, replica, photograph, or other reproduction of an article, and any note, drawing, or sketch made of or from an article.

(c)	“Representing” means describing, depicting, containing, constituting, reflecting, or recording.

(d)

“Trade secret” means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession which is secret and of value. To be a trade secret the owner thereof must have taken measures to prevent the secret from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.

(3)(a)

Theft of a trade secret is a class 1 misdemeanor. A second or subsequent offense under this section committed within five years after the date of a prior conviction is a class 5 felony.

(b)	Notwithstanding section 16-5-401(1) (a), C.R.S., any prosecution for violation of this section shall be commenced within three years after discovery of the offense.

Theft of Trade Secrets 18-4-408

Please Contact Us If You Have Questions About Theft of Trade Secrets 18-4-408

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 [email protected]

Written by H. Michael Steinberg

ABOUT THE AUTHOR: H. Michael Steinberg

If you are charged with Theft of Trade Secrets 18-4-408, 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 of Trade Secrets 18-4-408.