It is a crime to knowingly alter or remove a vehicle identification number (VIN), manufacturer’s number, or engine number with the intent to misrepresent the identity, or prevent identification of, a motor vehicle or major component motor vehicle part.1
Similarly, it is a crime to knowingly possess or transfer a vehicle or major component part if you know that the VIN, manufacturer’s number, or engine number has been unlawfully altered or removed.
In Colorado, VIN tampering is prohibited under 18-4-420 (3) C.R.S. You violate this law when you knowingly do any of the following to a VIN, manufacturer’s number, or engine number:
- remove,
- change,
- alter,
- counterfeit,
- deface,
- destroy,
- disguise,
- falsify,
- forge, or
- obliterate it;
OR
- when you possess a motor vehicle or part that anyone else has done any of these acts to.
Tampering with a Vehicle Identification Number (VIN) is prohibited under 18-4-420 (3) C.R.S.
Penalties for removing or altering a VIN
Altering or removing a vehicle identification number is a Colorado class 5 felony. Punishment can include:
- 1-3 years in prison, and/or
- A fine of $1,000-$100,000.
Additionally, a consequence of possessing a vehicle or auto part with an altered VIN is that it can be seized by Colorado law enforcement and destroyed by court order. To prevent this, if you have accidentally destroyed or altered a VIN or other vehicle identification, you can obtain a special replacement identification number from the Colorado Department of Motor Vehicles, as provided in 42-5-110 C.R.S.
Defenses to removing or altering a VIN
The best defenses to Colorado VIN tampering charges depend on the specific facts of your case. Common defenses often include, however:
You didn’t know the VIN was altered
You are not guilty under 18-4-420 (3) C.R.S. unless you knowingly altered or removed the VIN, manufacturer’s number, or engine number or knowingly possessed a car with removed or altered identification.
Under 18-1-501 (6) C.R.S. you commit a crime “knowingly” when:
- You are aware that your conduct is one prohibited by a criminal statute, or
- You are aware that conduct is practically certain to cause a result prohibited by a criminal statute.
You didn’t intend to prevent identification
In order to violate 18-4-420 (3) C.R.S., you must have intended to misrepresent the identity, or prevent the identification, of the vehicle or part.
So if, for instance, you were repairing an engine part and you accidentally defaced a number, you have not violated the law. However, you might want to contact the Colorado DMV for a replacement identification number in order to prevent the vehicle or part from being seized and possibly destroyed.
The car or part was discovered during an illegal search
A vehicle or part that was discovered as the result of an illegal search and seizure cannot be used as evidence against you in court.
If you believe you have been the victim of an illegal search, we invite you to contact us for a free consultation. Our Denver auto theft lawyers are more than happy to discuss all the best defenses to your Colorado charges of VIN tampering or possessing a vehicle or part with an altered VIN.
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330
To learn about the related offense of owning or operating a chop shop, please see our article on Owning or Operating a Chop Shop in Denver, 18-4-420 (1) C.R.S.
Legal references:
- 18-4-420. The language of the code section reads as follows:
(1) A person commits ownership or operation of a chop shop if he or she knowingly:
(a) Owns or operates a chop shop, knowing that it is a chop shop, or conspires with another person to own or operate a chop shop, knowing that it is a chop shop;
(b) Transports an unlawfully obtained motor vehicle or major component motor vehicle part to or from a chop shop, knowing that it is a chop shop; or
(c) Sells or transfers to, or purchases or receives from, a chop shop, knowing that it is a chop shop, an unlawfully obtained motor vehicle or major component motor vehicle part.
(2) A violation of paragraph (a) of subsection (1) of this section is a class 4 felony. A violation of paragraph (b) or (c) of subsection (1) of this section is a class 5 felony.
(3)(a) A person commits altering or removing a vehicle identification number if he or she knowingly:
(I) Removes, changes, alters, counterfeits, defaces, destroys, disguises, falsifies, forges, or obliterates the vehicle identification number, manufacturer’s number, or engine number of a motor vehicle or major component motor vehicle part with an intent to misrepresent the identity or prevent the identification of a motor vehicle or major component motor vehicle part; or
(II) Possesses, purchases, disposes of, sells, or transfers a motor vehicle or a major component motor vehicle part with knowledge that it contains a removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated vehicle identification number, manufacturer’s number, or engine number unless such motor vehicle or major component motor vehicle part is otherwise in compliance with the provisions of section 42-5-110, C.R.S.
(b) This subsection (3) does not apply to a private party or to an agent of a private party that is acting with the authorization of a law enforcement agency to lawfully seize, retain, recycle, transport, or otherwise dispose of a motor vehicle or major component motor vehicle part with a vehicle identification number, manufacturer number, or engine number that is removed, changed, altered, counterfeited, defaced, destroyed, disguised, falsified, forged, or obliterated.
(4) Altering or removing a vehicle identification number is a class 5 felony.
(5) As used in this section, unless the context otherwise requires:
(a) “Chop shop” means any building, lot, facility, or other structure or premise where:
(I) Any person or persons possess, receive, store, disassemble, or alter, including the alteration or concealment of any identifying feature or number, an unlawfully obtained motor vehicle or major component motor vehicle part for the purpose of using, selling, or disposing of the motor vehicle or major component motor vehicle part; or
(II) Two or more unlawfully obtained motor vehicles are present for the purpose of alteration, sale, or disposal; or
(III) Six or more unlawfully obtained major component motor vehicle parts from two or more motor vehicles are present for the purpose of alteration, sale, or disposal.
(b) “Major component motor vehicle part” means any of the following parts of a motor vehicle:
(I) The engine;
(II) The transmission;
(III) A front fender;
(IV) The hood;
(V) Any door allowing entrance to or egress from the passenger compartment of the vehicle;
(VI) The front or rear bumper;
(VII) A rear quarter panel;
(VIII) The deck lid, tailgate, or hatchback;
(IX) The trunk floor pan;
(X) The cargo box of a pickup truck;
(XI) The frame, or if the vehicle has a unitized body, the supporting structure or structures that serve as the frame;
(XII) The cab of a truck;
(XIII) The body of a passenger vehicle;
(XIV) An airbag or airbag assembly;
(XV) A wheel or tire; or
(XVI) Any other part of a motor vehicle that is comparable in design or function to any of the parts that have been listed, or that have been labeled with a unique traceable identification number, by the manufacturer of the motor vehicle or part.
(c) “Motor vehicle” means all vehicles of whatever description that are propelled by any power other than muscular power; except that “motor vehicle” does not include vehicles that run on rails.
(d) “Unlawfully obtained” means obtained by theft, fraud, or deceit or obtained without the permission of the owner.