The proposed bill seeks to amend Colorado's theft sentencing structure by establishing specific penalties for firearm theft, irrespective of the firearm's value. Currently, theft penalties in Colorado are determined based on the value of the stolen item, with auto theft being an exception. This bill would exempt firearm theft from this value-based structure, classifying it as a Class 6 felony regardless of the firearm's value. Subsequent violations, including multiple firearms stolen in a single incident, would be classified as separate Class 5 felonies.
Understanding Class 6 and Class 5 Felonies in Colorado:
Class 6 Felony: In Colorado, a Class 6 felony is the least severe felony classification. Penalties can include imprisonment for one year to 18 months and/or fines ranging from $1,000 to $100,000. There is also a mandatory parole period of one year.
Class 5 Felony: A Class 5 felony carries more severe penalties, including imprisonment for one to three years and/or fines between $1,000 and $100,000. A mandatory parole period of one year applies.
Implications of the Proposed Bill:
Enhanced Penalties for Firearm Theft: By classifying firearm theft as a Class 6 felony, the bill imposes standardized penalties for such offenses, irrespective of the firearm's value. This approach aims to deter firearm theft by establishing clear and consistent legal consequences.
Subsequent Offenses: The provision that subsequent violations, including multiple firearms stolen in a single incident, are treated as separate Class 5 felonies, introduces stricter penalties for repeat offenders. This measure seeks to address habitual firearm theft more effectively.
Summary
In current law, the sentencing structure for theft, except for auto
theft, is based on the value of the item stolen. The bill exempts theft of firearms from that sentencing structure and makes theft of a firearm a class 6 felony, regardless of the firearm's value. Subsequent violations, including multiple firearms stolen in the same criminal incident, are separate class 5 felonies.
