You encounter a smartphone lying unattended on a park bench, with no visible owner nearby. Should you appropriate it or report it? Though the act of retaining misplaced property may appear innocuous, Colorado law regards such conduct with considerable gravity. Law enforcement may initiate criminal proceedings based on that choice.
Lost property vs. abandoned property
Lost property refers to items displaced inadvertently by their owner, whereas abandoned property involves a conscious decision to discard possession. Under Colorado law, retaining lost property without undertaking reasonable efforts to facilitate its return constitutes unlawful behavior. The statute mandates that you either surrender the item to law enforcement or alert a person with authority over the premises. Failure to comply with this expectation may result in a charge of theft.
Why intent matters
Intent serves as a cornerstone in determining culpability. When you acquire an item with the preconceived notion of keeping it permanently, the prosecution may interpret this as a deliberate attempt to deprive the owner of their property. Such intent substantiates a charge of theft. Engaging in acts such as concealing, selling, or falsely claiming the item reinforces prosecutorial arguments. Even passive retention without disclosure can elicit legal consequences.
What the law expects you to do
The law does not impose a duty to personally locate the rightful owner. Instead, it obligates you to relinquish the property to law enforcement or notify a supervisory individual within the area, such as a store manager or park administrator. Neglecting this minimal obligation suggests a disregard for rightful ownership and may serve as incriminating evidence in legal proceedings.
Colorado classifies theft based on the monetary value of the appropriated item. Retaining a commonly lost device like a smartphone may escalate to a misdemeanor or even a felony. A criminal conviction imposes lasting barriers to employment, housing, and academic opportunities. Upholding legal and ethical standards protects you from punitive consequences while aiding the return of property to its rightful owner.
