Shoplifting, Larceny, Robbery, Theft Theft

L

Lacyshay

New Member
Jurisdiction
Colorado
Hi I know I am wrong but I did commit theft 3 degree misdemeanor... this is my 2nd time last time was over 6 years ago. I swear I am horrible at getting caught both times I attempted I was caught... what am I looking at is there a chance all I'll have to do is pay a fine or is there jail time for something like this?
 
Sometimes, 2d offense misdemeanors get elevated to felonies. I don't have the time too look up the codes and penalties.

Ask your lawyer.

If you don't have one, get one.
 
shrinkmaster said:
I am a Retail Theft Consultant and answer questions like yours daily. Was your first case dealt with in court?
Click to expand...
Yes sir it was delt with in court I pled guilty it was back in 2010 I was with a friend and we were both dumb asses and got caught. I honestly don't have time to fight this in court I'm getting ready to move across the USA and need to get this done with right away I stole 83 dollars worth of stuff at Walmart I actually was at a self checkout and I noticed a shirt didn't scan but the other three things I could of swore scanned I bought a bunch of stuff that day the shit wouldn't scan in a hurry I just threw it in the bag
 
Colorado Shoplifting Laws
SECTION 1. 18-4-407, Colorado Revised Statutes, is amended to read:

18-4-407. Questioning of person suspected of theft without liability. If any person TRIGGERS AN ALARM OR A THEFT DETECTION DEVICE AS DEFINED IN SECTION 18-4-417 (2) OR conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning of a person by a merchant, merchant's employee, or peace or police officer does not render the merchant, merchant's employee, or peace officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.

SECTION 2. Part 4 of article 4 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

18-4-417. Unlawful acts – theft detection devices. (1) (a) IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY MANUFACTURE, DISTRIBUTE, OR SELL A THEFT DETECTION SHIELDING DEVICE OR A THEFT DETECTION DEACTIVATING DEVICE WITH THE KNOWLEDGE THAT SOME PERSON INTENDS TO USE THE DEVICE IN THE COMMISSION OF AN OFFENSE INVOLVING THEFT.

(b) IT IS UNLAWFUL FOR ANY PERSON TO POSSESS A THEFT DETECTION SHIELDING DEVICE OR A THEFT DETECTION DEACTIVATING DEVICE WITH THE INTENT TO USE THE DEVICE POSSESSED, OR WITH THE KNOWLEDGE THAT SOME PERSON INTENDS TO USE THE DEVICE POSSESSED, IN THE COMMISSION OF AN OFFENSE INVOLVING THEFT.

(c) IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY DEACTIVATE OR REMOVE A THEFT DETECTION DEVICE OR ANY COMPONENT THEREOF IN ANY STORE OR MERCANTILE ESTABLISHMENT WITHOUT AUTHORIZATION PRIOR TO PURCHASE.

(2) AS USED IN THIS SECTION:

(a) "THEFT DETECTION DEACTIVATING DEVICE" MEANS ANY TOOL, INSTRUMENT, MECHANISM, OR OTHER ARTICLE ADAPTED, DESIGNED, ENGINEERED, USED, OR OPERATED TO INACTIVATE, INCAPACITATE, OR REMOVE A THEFT DETECTION DEVICE WITHOUT AUTHORIZATION.

(b) "THEFT DETECTION DEVICE" MEANS AN ELECTRONIC OR MAGNETIC MECHANISM, MACHINE, APPARATUS, TAG, OR ARTICLE DESIGNED AND OPERATED FOR THE PURPOSE OF DETECTING THE UNAUTHORIZED REMOVAL OF MERCHANDISE FROM A STORE OR MERCANTILE ESTABLISHMENT.

(c) "THEFT DETECTION SHIELDING DEVICE" MEANS ANY TOOL, INSTRUMENT, MECHANISM, OR ARTICLE ADAPTED, DESIGNED, ENGINEERED, USED, OR OPERATED TO AVOID DETECTION BY A THEFT DETECTION DEVICE DURING THE COMMISSION OF AN OFFENSE INVOLVING THEFT. "THEFT DETECTION SHIELDING DEVICE" INCLUDES, BUT IS NOT LIMITED TO, ANY LAMINATED OR COATED SACK OR CONTAINER THAT IS CAPABLE OF AVOIDING DETECTION BY A THEFT DETECTION DEVICE.

(3) ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 1 MISDEMEANOR.

SECTION 3. Effective date – applicability. This act shall take effect July 1, 2001, and shall apply to all offenses committed on or after said date.

SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Colorado State Official Website
 

Share this page

Get a free case review from a lawyer
Back
Top