Colorado Shoplifting Charges: Penalties & First-Offense Options

Colorado shoplifting, in short: Shoplifting is charged as theft under § 18-4-401, classified by value: under $300 is a petty offense (up to 10 days jail), $300–$999 is a class 2 misdemeanor, $1,000–$1,999 a class 1 misdemeanor, and $2,000 or more a felony. Separately, the store can demand money in a civil demand letter under § 13-21-107.5, actual damages plus a $100–$250 penalty, and paying it does not resolve the criminal case. First offenders often have diversion and deferred-judgment paths that end without a conviction, but only if the case is handled early.

A shoplifting arrest produces two separate problems that people constantly confuse: a criminal case brought by the DA, and a civil money demand from the store’s law firm. They run on different tracks, settling one does nothing for the other, and the worst decisions happen in the first two weeks — usually because someone assumed paying the letter made it all go away. Here is how both tracks actually work.

Shoplifting Penalties by Value (§ 18-4-401)

Value Taken	Charge	Maximum Penalty
Under $300	Petty offense	10 days jail / $300 fine
$300 – $999	Class 2 misdemeanor	120 days / $750
$1,000 – $1,999	Class 1 misdemeanor	364 days / $1,000
$2,000 – $4,999	Class 6 felony	1 year–18 months DOC
$5,000 – $19,999	Class 5 felony	1–3 years DOC
$20,000+	Class 4 felony or higher	2–6+ years DOC

Value is the retail price of what was allegedly taken — and it is contestable. Aggregation matters too: multiple incidents can sometimes be combined to reach a higher tier. The full classification framework is in our Colorado sentencing chart.

First-Offense Shoplifting: The Paths That End Without a Conviction

Most first-offense shoplifting cases should not end in a conviction. Colorado gives prosecutors and courts two formal off-ramps: pretrial diversion (§ 18-1.3-101), where completing conditions results in dismissal without any plea; and deferred judgment (§ 18-1.3-102), where a guilty plea is held open and withdrawn on successful completion, no conviction enters. Which is available, and on what terms, varies sharply by county and by how early counsel engages. A theft conviction is a “moral turpitude” red flag on every background check that follows; the entire point of early representation is to keep the record clean.

How Shoplifting Cases Are Defended

Intent is the element: theft requires the intention to permanently deprive, and absent-minded walkouts, self-checkout errors, and misunderstandings about who was paying are real defenses, not excuses. Loss-prevention procedures are another front, stops based on suspicion rather than observation, gaps in camera coverage, valuation disputes, and detentions that exceed a merchant’s lawful authority. And where the evidence is strong, the negotiation is about the off-ramps above. See our theft & burglary defense page for the broader practice.

Colorado Shoplifting — Frequently Asked Questions

Is shoplifting a felony in Colorado?

Only when the value taken is $2,000 or more. Below $300 is a petty offense, $300–$999 a class 2 misdemeanor, and $1,000–$1,999 a class 1 misdemeanor. Value is measured by retail price and can be contested.

Do I have to pay a civil demand letter for shoplifting?

No law requires you to pay on demand. Under § 13-21-107.5 the store’s remedy is a civil claim for actual damages plus a $100–$250 penalty, which it would have to sue to enforce, something retailers rarely do for these amounts. Get legal advice before paying or responding.

Will a first shoplifting offense go on my record?

An arrest creates a record immediately, and a conviction makes it permanent. But first offenders frequently qualify for diversion or a deferred judgment, both of which end without a conviction when completed.

Can a store detain you for suspected shoplifting in Colorado?

Merchants have a limited privilege to detain suspected shoplifters reasonably to investigate and await police. Detentions that are baseless, prolonged, or physically excessive can exceed that privilege, and how the stop happened is often important evidence in the criminal case.

Talk to a Colorado Theft Defense Attorney

Shoplifting Charge ?

William Bacharach is a former public defender defending theft cases across the Front Range. Free consultation: (720) 303-5778.

This article explains Colorado law for general information only and is not legal advice. Verified against § 18-4-401, § 18-1.3-503, and § 13-21-107.5, C.R.S. (current through Fall 2025). Reviewed August 2026.