Denver Municipal Code Chapter 38 Article III, Div. 1

DIVISION 1. – GENERALLY

Sec. 38-51. – Reserved.

Sec. 38-51.2. – Definitions applicable to sections 38-51.5 and 38-51.7.

Sec. 38-51.5. – Shoplifting unlawful; retail theft.

Sec. 38-51.7. – Price switching unlawful.

Sec. 38-51.8. – Petty theft unlawful.

Sec. 38-51.10. – Theft of parking services.

Sec. 38-51.11. – Motor vehicle theft.

Sec. 38-51.12. – Trespass to motor vehicles.

Sec. 38-52. – Damaging ditches.

Sec. 38-53. – Fraudulent manipulation of coin service and change machines.

Secs. 38-54—38-60. – Reserved.
Sec. 38-51. – Reserved.

Editor’s note—

Section 1 of Ord. No. 152 of 1981, adopted March 23, 1981, repealed article 854 of the 1950 Code, which had been codified as § 38-51, concerning theft. At the editor’s discretion, §§ 854.3, 854.1 and 854.2 have been codified as new §§ 38-51.2, 38-51.5 and 38-51.7, respectively.

Sec. 38-51.2. – Definitions applicable to sections 38-51.5 and 38-51.7.

For the purposes of sections 38-51.5 and 38-51.7:

(1)

The test of value shall be the reasonable market value of the item or items at the time of the commission of the alleged offense. The retail price of the item or items shall be prima facie evidence of the reasonable market value.

(2)

Goods, wares or merchandise are that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.

(3)

In addition to their common definitions and meanings, the words “goods, wares and merchandise” shall include petroleum products and also food or beverages sold either in restaurants or in other food-dispensing establishments or by a vendor. However, no goods, wares or merchandise removed from any vending machine shall be within the purview of sections 38-51.5 and 38-51.7

(Ord. No. 152-81, § 1, 3-23-81)

Note—See the editor’s note for § 38-51

State law reference— Theft, C.R.S. 1973, 18-4-401 et seq.

Sec. 38-51.5. – Shoplifting unlawful; retail theft.

It shall be unlawful for any person to take or conceal or exercise control over any goods, wares or merchandise (property) of another which is displayed or in any other manner offered for sale and which has an aggregate value of less than one thousand dollars ($1,000.00), when the person intends to avoid payment for the merchandise or knowingly deprives the person entitled to possession of the property of the use and benefit of the property.

(Ord. No. 152-81, § 1, 3-23-81; Ord. No. 386-85, 7-15-85; Ord. No. 468-92, § 1, 7-13-92; Ord. No. 646-97, § 1, 9-29-97; Ord. No. 448-07, § 1, 8-20-07)

Note—See the editor’s note for § 38-51

Sec. 38-51.7. – Price switching unlawful.

It shall be unlawful for any person knowingly to remove, alter or switch the price of any goods, wares or merchandise of another displayed or in any other manner offered for sale with the intent to avoid all or partial payment. This section shall apply only where the aggregate difference between the altered or switched price and the untampered or unaltered price is less than one thousand dollars ($1,000.00).

(Ord. No. 152-81, § 1, 3-23-81; Ord. No. 387-85, 7-15-85; Ord. No. 466-92, § 1, 7-13-92; Ord. No. 646-97, § 2, 9-29-97; Ord. No. 448-07, § 2, 8-20-07)

Note—See the editor’s note for § 38-51

Sec. 38-51.8. – Petty theft unlawful.

(a)

It shall be unlawful for any person to commit theft.

(b)

A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:

(1)

Intends to deprive the other person permanently of the use or benefit of the thing of value; or

(2)

Knowingly uses, conceals or abandons the thing of value in such manner as to permanently deprive the person entitled to possession of the thing of value’s use or benefit; or

(3)

Uses, conceals or abandons the thing of value intending that such use, concealment or abandonment will permanently deprive the person entitled to possession of the thing of value’s use and benefit; or

(4)

Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the person entitled to possession.

(c)

This section shall apply only where the value of the thing involved is less than one thousand dollars ($1,000.00).

(d)

As used in this section the terms “thing of value” and “anything of value” mean any property, tangible or intangible, including, but not limited to, personal property, services, and wages for labor.

(Ord. No. 78-84, § 1, 2-21-84; Ord. No. 385-85, 7-15-85; Ord. No. 467-92, § 1, 7-13-92; Ord. No. 646-97, § 3, 9-29-97; Ord. No. 888-05, § 1, 12-5-05; Ord. No. 448-07, § 3, 8-20-07)

Sec. 38-51.10. – Theft of parking services.

(a)

Definitions:

(1)

The term “timed receipt for parking services” shall mean any coupon, claim check, ticket or other timed receipt for parking services showing or otherwise indicating the date and time of day of commencement of utilization of parking facilities.

(2)

The term “tripping the ticket dispenser” shall mean obtaining a timed receipt by any means other than driving a motor vehicle through the electronic device which activates the ticket dispenser to obtain a timed receipt to be used by the driver of the vehicle with the intent to pay the amount owed for the services utilized.

(3)

The term “invalid timed receipt” shall mean any timed receipt presented to the attendant for a vehicle which was parked longer than the time shown on the timed receipt.

(b)

It shall be unlawful for any person to commit theft of parking services or to be an accessory to theft of parking services. A person commits theft of parking services when he knowingly obtains any invalid timed receipt for parking services at any city-owned parking lot by any means including, but not limited to, tripping the ticket dispensers, or by sale or gift from third parties, and knowingly presents the invalid timed receipt to avoid paying the full value of the parking service for which he is liable.

(c)

Any person who knowingly obtains any invalid timed receipt for parking services with the intent to sell or give away said invalid timed receipt to another knowing that said other person will present it in an attempt to avoid paying the full amount for which he is liable shall be guilty of theft of parking services as an accessory.

(d)

This section shall apply only when the criminal act occurs on or affects a city-owned parking facility and further shall apply only when the amount attempted to be avoided is less than one thousand dollars ($1,000.00).

(Ord. No. 646-85, § 1, 11-25-85; Ord. No. 465-92, § 1, 7-13-92; Ord. No. 646-97, § 4, 9-29-97; Ord. No. 448-07, § 4, 8-20-07)

Cross reference— Parking, § 54-415 et seq.

Sec. 38-51.11. – Motor vehicle theft.

(a)

As used in this section, unless the context otherwise requires, “motor vehicle” means all vehicles of whatever description propelled by any power other than muscular, except vehicles running on rails.

(b)

It shall be unlawful to commit motor vehicle theft. A person commits motor vehicle theft if such person knowingly obtains or exercises control over a motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors or other circumstances listed in section 18-4-409 C.R.S., as amended, recodified, or reenacted, that would otherwise classify the offense as a felony are present.

(Ord. No. 696-05, § 1, 9-26-05)

Sec. 38-51.12. – Trespass to motor vehicles.

A person commits trespass to motor vehicles if such person knowingly and unlawfully enters or remains in a motor vehicle of another.

(Ord. No. 697-05, § 1, 9-26-05)

Sec. 38-52. – Damaging ditches.

It shall be unlawful for any person willfully, maliciously, wantonly or negligently to fill up, obstruct or otherwise damage any lawfully constructed ditch.

(Code 1950, § 855.1)

Cross reference— Protection of irrigation ditches, § 49-291.

Sec. 38-53. – Fraudulent manipulation of coin service and change machines.permanent link to this piece of content

(a)

It shall be unlawful for any person to insert or attempt to insert, into the coin box or money receptacle of any coin operated machine or device, any slug, button or other article or substance; or to manipulate or operate in any manner whatever, any device or mechanism connected or commonly used therewith, with attempt to obtain goods or service therefrom without proper payment therefor.

(b)

It shall be unlawful for any person to insert or attempt to insert, into the coin box or money receptacle of any coin operated machine or device, any slug, button or other article or substance, with the attempt to obtain from such coin box or money receptacle a legal tender coin of the United States of America.

(Code 1950, § 855.4)

State law reference— Unlawfully using slugs, C.R.S. 1973, 18-5-111.

Secs. 38-54—38-60. – Reserved.



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