CRS 42-5-104 is the Colorado law that makes theft of a license plate a class 2 misdemeanor punishable by up to 120 days and/or $750 in fines.
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What is theft of license plates in Colorado?
- 2. Does CRS 42-5-104 also criminalize theft of auto parts?
- 3. How does the prosecutor prove I am guilty of license plate theft?
- 4. What are the penalties for license plate theft?
- 5. What are defenses to license plate theft charges?
- 6. Related Offenses
You may also want to visit our pages on Colorado theft laws and motor vehicle theft in Colorado.
1. What is theft of license plates in Colorado?
Theft of a license plate in Colorado occurs when any person who knowingly and with criminal intent removes, detaches, or takes from a motor vehicle that is the property of another a license plate or who aids, abets, or assists in the commission of such an act or acts.1
2. Does CRS 42-5-104 also criminalize theft of auto parts?
As of March 1, 2022, CRS 42-5-104 pertains only to theft of license plates – not other car parts.2
3. How does the prosecutor prove I am guilty of license plate theft?
In order for the prosecutor to prove you are guilty of license plate theft, they have to prove that you are guilty of the following elements:
- With criminal intent;
- Removes, detaches, or takes from a motor vehicle;
- Which is the property of another;
- A license plate; or
- Aids, abets, or assists in the commission or attempted commission of any such unlawful act.
If the prosecutor cannot prove each element of the offense beyond a reasonable doubt, then they did not prove the defendant is guilty of license plate theft.
4. What are the penalties for license plate theft?
License plate theft is a class 2 misdemeanor carrying up to 120 days and/or $750 in fines.3
5. What are defenses to license plate theft charges?
There are a number of possible defenses to charges of license plate theft. Your Colorado criminal defense attorney will investigate your case and examine all the evidence to identify your best defenses. Possible defenses may include:
- Lack of criminal intent,
- Lack of knowledge that a theft occurred to sustain a conviction as an accessory,
- You didn’t know the motor vehicle belonged to another person, or
- You reasonably believed the owner consented to the removal of the license plate.
6. Related Offenses
6.1, C.R.S. 18-4-420 Altering or Removing a VIN
Altering or removing a vehicle identification number (VIN) to misrepresent the identity of a motor vehicle is a criminal offense in Colorado. Removing or altering a VIN is a class 5 felony offense in Colorado, punishable by up to 3 years in prison and a fine of up to $100,000.
Call us for help…
If you were accused of license plate theft or theft or motor vehicle parts, please contact us at Colorado Legal Defense Group. Our caring Colorado defense attorneys have many years of experience representing clients who have been charged with motor vehicle theft and parts theft. We are among the best Colorado criminal defense attorneys to call. Contact us today for a free consultation by phone or in-person or in our Denver law office.
Legal References
- C.R.S. 42-5-104.
- SB21-271.
- C.R.S. 42-5-104. Prior to March 1, 2022, the penalties for motor vehicle parts theft depended on the part taken, the value of the items removed, and the defendant’s criminal history. Theft of a license plate was a class 1 misdemeanor. Theft of parts with a value of less than $1,000 was also a class 1 misdemeanor. The maximum penalty for a class 1 misdemeanor in Colorado was up to 18 months in jail and a fine of up to $5,000. If the theft was valued at $1,000 or more but less than $20,000, theft of motor vehicle parts was a class 5 felony. The penalty for a class 5 felony in Colorado is between 1 to 3 years in prison and up to $100,000 in fines. A class 5 felony also has a mandatory 2 year parole period. Felony convictions may also prevent you from owning a gun and make it harder to find a job in the future. If the theft was valued at $20,000 or more, motor vehicle parts theft was a class 3 felony. The penalty for a class 3 felony in Colorado is from 4 to 12 years in prison, and a fine of up to $750,000. There were additional penalties if the individual has been involved in multiple motor vehicle parts thefts. When a person committed motor vehicle parts theft 2 or more times within a 6 month period, then the value of the theft could be aggregated. If the aggregate value of parts stolen was $20,000 or more, they may have faced a class 4 felony charge. The maximum penalty for a class 4 felony in Colorado is 6 years in prison and up to $500,000 in fines. SB21-271.