Colorado Theft Under CRS 18-4-401: Penalties and Restitution

Theft penalties in Colorado scale with the value of what was taken, running from a petty offense carrying up to ten days in jail for property worth less than $300 to a class 2 felony punishable by eight to twenty-four years in prison when the loss exceeds $1,000,000. On top of jail or prison time, a conviction brings mandatory restitution to the victim, exposure to a civil lawsuit for triple damages, and a criminal record that cannot be sealed for years.

The Eight Value Tiers Under C.R.S. 18-4-401

Colorado’s theft statute sorts every charge into one of eight brackets based on the fair market value of the property or services involved:¹

Less than $300: petty offense
$300 to under $1,000: class 2 misdemeanor
$1,000 to under $2,000: class 1 misdemeanor
$2,000 to under $5,000: class 6 felony
$5,000 to under $20,000: class 5 felony
$20,000 to under $100,000: class 4 felony
$100,000 to under $1,000,000: class 3 felony
$1,000,000 or more: class 2 felony

The decisive line sits at $2,000. Below it, a conviction stays a misdemeanor served in county jail. At or above it, the case becomes a felony with prison time, mandatory parole, and higher fines. That is why valuation fights matter so much in borderline cases; a few hundred dollars can reshape the entire outcome.

Jail and Prison Time by Class

Misdemeanor and petty-offense sentences are served in county facilities. A petty offense carries up to ten days in jail and a $300 fine.² A class 2 misdemeanor can mean up to 120 days in jail and a fine of up to $750. A class 1 misdemeanor raises the ceiling to 364 days and a $1,000 fine.³ The one-day gap below a full year is deliberate; it keeps the sentence under the federal threshold that triggers certain immigration consequences.

Felony sentences are served in the Colorado Department of Corrections, and every one of them carries a mandatory parole period that the court cannot waive:⁴

Class 6 felony: one year to eighteen months in prison, plus one year of mandatory parole
Class 5 felony: one to three years, plus two years of mandatory parole
Class 4 felony: two to six years, plus three years of mandatory parole
Class 3 felony: four to twelve years, plus three years of mandatory parole
Class 2 felony: eight to twenty-four years, plus three to five years of mandatory parole

Even after the prison term ends, supervised parole continues. A violation during that window can send the person back inside.

Fines

Felony fines run far higher than misdemeanor ones and can be imposed in addition to or instead of imprisonment:⁴

Class 6 felony: $1,000 to $100,000
Class 5 felony: $1,000 to $100,000
Class 4 felony: $2,000 to $500,000
Class 3 felony: $3,000 to $750,000
Class 2 felony: $5,000 to $1,000,000

The upper limits are rarely imposed in routine cases, but they give courts wide latitude for large-scale or repeat offenders.

Mandatory Restitution to the Victim

Every theft conviction in Colorado, from petty offense through class 2 felony, must include consideration of restitution.⁵ Restitution is separate from any fine paid to the state and goes directly to the person whose property was stolen or damaged.

The court either orders a specific dollar amount, sets a deadline to calculate it, or makes an explicit finding that the victim had no financial loss. Covered expenses reach past the item’s value itself. Restitution can include insurance deductibles, replacement costs for damaged locks or windows, medical expenses when the victim was hurt, and travel costs to attend court.⁵ Unpaid restitution also blocks record sealing, so the obligation follows the defendant long after the sentence ends.

Civil Lawsuit for Triple Damages

The criminal case isn’t the only exposure. Under C.R.S. 18-4-405, the owner of stolen property can sue the person who took it and recover $200 or three times the actual damages, whichever is greater, along with court costs and reasonable attorney fees.⁶

This civil remedy runs independently of the criminal case. The owner does not need a conviction, or even criminal charges, to pursue treble damages. The statute also reaches anyone currently holding the stolen property, though good-faith buyers who did not know the goods were stolen are shielded from monetary damages and attorney fees.⁶ A reduced or dismissed criminal charge does not foreclose a civil judgment for three times the loss.

When Value Doesn’t Control the Charge

A few circumstances push the charge above where the dollar amount alone would place it.

Theft From the Person

Taking property directly from someone’s body or immediate possession, such as picking a pocket or snatching a phone from a hand, is a class 5 felony regardless of value.¹ A wallet containing $40 would normally be a petty offense based on value, but taken from the person it carries one to three years in prison. The dividing line from robbery is force or threats; the moment those enter the picture, the charge moves to robbery under a separate statute with harsher penalties.

Theft Against At-Risk Adults

Enhanced penalties apply when the victim is an at-risk adult and the defendant committed the theft in the victim’s presence, held a position of trust, or knew the victim was at risk. Theft from an at-risk person is a class 5 felony when the property is worth less than $500 and a class 3 felony at $500 or more. Theft directly from the person of an at-risk adult is a class 4 felony regardless of value.⁷ Under the standard tiers, $500 would be a class 2 misdemeanor; against an at-risk victim it carries four to twelve years in prison.

Aggregation of Multiple Thefts

Prosecutors can combine the value of multiple thefts into one charge when the thefts targeted the same victim and were part of a single scheme or ongoing course of conduct.¹ An employee skimming $200 from a register each week for three months is not facing a string of petty offenses; the total drives the charge. This is often how low-level workplace theft becomes a felony.

Sealing a Theft Conviction

Most theft convictions can eventually be sealed from public view, but the clock does not start until every condition of the sentence, including probation and parole, has been completed:⁸

Petty offense: one year after final disposition or release from supervision
Class 2 misdemeanor: two years
Class 1 misdemeanor: three years
Class 4, 5, or 6 felony: three years

No new arrests or convictions can occur during the waiting period, and all outstanding restitution must be paid in full. Class 4, 5, and 6 felony convictions that are not sealed by petition are automatically sealed seven years after final disposition if the person has stayed out of trouble. Higher-level theft felonies, such as class 2 and class 3, fall into the five-year waiting period for petition-based sealing.⁸

Sealing is not erasure. Law enforcement and certain government agencies can still see sealed records, and some professional licensing boards require disclosure. Sealed records do not appear on standard background checks, which removes one of the most persistent practical consequences of a theft conviction.

1
Justia. Colorado Code 18-4-401 – Theft
2
Colorado Public Law. Colorado Code 18-1.3-503 – Petty Offense and Civil Infraction Classified
3
Justia. Colorado Code 18-1.3-501 – Misdemeanors Classified Penalties
4
Justia. Colorado Code 18-1.3-401 – Felonies Classified Presumptive Penalties
5
Justia. Colorado Code 18-1.3-603 – Order of Restitution
6
Justia. Colorado Code 18-4-405 – Restitution to Owners
7
FindLaw. Colorado Code 18-6.5-103 – Crimes Against At-Risk Persons Classifications
8
FindLaw. Colorado Code 24-72-706 – Sealing of Conviction Records