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Theft by Receiving

Colorado Revised Statute 18-4-410, the statute or law for Theft by Receiving was repealed in 2013. Theft by receiving is still a violation of law in Colorado, but is now covered in Colorado Revised Statutes 18-4-404, Obtaining Control Over any Stolen Thing of Value (see our Colorado Criminal Defense Guide article Is it legal to have control over property someone else stole?)

Property Rights Of The Original Owner

If a person purchases stolen property, the property still belongs to the original owner. It does not matter if the purchaser of the stolen property was unaware that the property was stolen or if the buyer paid a reasonable price for the property, the original owner’s ownership interest does not change. Likewise, it is irrelevant how many times the stolen property has been sold, changed hands, or the time period since the theft, the original owner still maintains his or her ownership rights in the property. If it is discovered that an innocent person purchased stolen items, this person may very well be innocent of the crime of receiving stolen property or obtaining control over any stolen thing of value, however, the item still reverts back to the original owner. The person that bought the item in good faith, unknowing it was stolen, loses out on ownership interest and the funds used to purchase the item unless the purchaser can collect from the seller or receive restitution (see Colorado Revised Statutes 18-4-405).

Law Offices of Clifton Black, PC