§ 18-4-417. Unlawful Acts – Theft Detection Devices

1. 1. 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.
   2. 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.
   3. 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:
   1. “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. “Theft detection deactivating device” includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices.
   2. “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.
   3. “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, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices.
3. [ Editor’s note: This version of subsection (3) is effective until March 1, 2022.] Any person who violates any of the provisions of subsection (1) of this section commits a class 1 misdemeanor.

   (3) [ Editor’s note: This version of subsection (3) is effective March 1, 2022. ] Any person who violates any of the provisions of subsection (1) of this section commits a class 2 misdemeanor.

Source: L. 2001: Entire section added, p. 512, § 2, effective July 1. L. 2012: (2)(a) and (2)(c) amended, (HB 12-1304), ch. 237, p. 1050, § 3, effective May 29. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3177, § 209, effective March 1, 2022.

Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: For the legislative declaration in the 2012 act amending subsections (2)(a) and (2)(c), see section 1 of chapter 237, Session Laws of Colorado 2012.