(1) (a) 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.
(b) 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.
(c) 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:
(a) 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.
(b) 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.
(c) 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) Any person who violates any of the provisions of subsection (1) of this
section commits a class 2 misdemeanor.
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.
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.
