Shoplifting, Larceny, Robbery, Theft 2nd degree shoplifting

[denise_t]

what does this term mean and what conditions are there to catigorize it?

 

[NYClex]

depends on what state the penal law is from

 

[denise_t]

I am in the state of Colorado.

 

[NYClex]

This is the Colorado criminal code provision on theft:

18-4-401. Theft.
Statute text
(1) A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:

(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or

(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; or

(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 and benefit; or

(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.

(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.

(2) Theft is:

(a) A class 3 misdemeanor if the value of the thing involved is less than one hundred dollars;

(b) A class 2 misdemeanor if the value of the thing involved is one hundred dollars or more but less than five hundred dollars;

(c) A class 4 felony if the value of the thing involved is five hundred dollars or more but less than fifteen thousand dollars;

(d) A class 3 felony if the value of the thing involved is fifteen thousand dollars or more.

(3) and (3.1) Repealed.

(4) When a person commits theft twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the things involved is five hundred dollars or more but less than fifteen thousand dollars, it is a class 4 felony; however, if the aggregate value of the things involved is fifteen thousand dollars or more, it is a class 3 felony.

(5) Theft from the person of another by means other than the use of force, threat, or intimidation is a class 5 felony without regard to the value of the thing taken.

(6) In every indictment or information charging a violation of this section, it shall be sufficient to allege that, on or about a day certain, the defendant committed the crime of theft by unlawfully taking a thing or things of value of a person or persons named in the indictment or information. The prosecuting attorney shall at the request of the defendant provide a bill of particulars.

(7) Repealed.

(8) A municipality shall have concurrent power to prohibit theft, by ordinance, where the value of the thing involved is less than five hundred dollars.

 

[denise_t]

thank you very much for the info the reason i am asking is because my 14 year old son didn't pay for a cookie from the lunch room cafateria and we now have to go to court on this. any advice? the officer who wrote him the ticket said to ask for deferal prosecution.

 

[NYClex]

I am not familiar at all with the Colorado rules for this, but that would be the usual way for a first time offender, especially when that young and the stolen item is of that big value.