Shoplifting or retail theft laws vary from state to state, and in many states the act of shoplifting—taking displayed goods from a commercial retail store during store hours and without paying for the goods—is classified as the criminal offense of theft or larceny.
Shoplifting, theft, and larceny laws are often classified in part by the value of the goods stolen, attempted to be stolen, or intended to be stolen. These laws are generally located in a state’s statutes—often in the penal or criminal code.
In Colorado, shoplifting is considered a form of theft and is addressed under the state's theft statutes, which can be found in the Colorado Revised Statutes (C.R.S.). The severity of the charge and the potential penalties depend on the value of the items stolen. For example, if the value of the stolen goods is less than $50, it is classified as petty theft, which is a petty offense. Theft of items valued between $50 and $2,000 is classified as a misdemeanor, with the class of misdemeanor escalating with the value of the goods. Theft of goods valued over $2,000 is considered a felony, with the degree of felony increasing with the value of the stolen items. Enhanced penalties may apply for repeat offenders or if certain aggravating factors are present. Additionally, Colorado law allows for civil penalties, where the merchant may demand and sue for damages, including the retail value of the merchandise if not returned in a sellable condition, plus a penalty, and the cost of the lawsuit and reasonable attorney fees.