The simple answer is no. Basically, concealment of merchandise is evidence of theft. The concern here is that a person that has been charged may not have had the intent to steal the item. For example, if a person enters a store to pick up a few items, then, as is often the case, picks up more items than that person had planned, that person may place some of the items in a coat pocket to avoid dropping the property. This person likely had the intent to remove the item once at the cash register. However, store security now has the right to detain that person, call the police, and have that person charged or arrested. For these reasons, it is important to have an attorney that can adequately provide a defense for the client that has been charged for seemingly innocent activity. Under Colorado Revised Statutes 18-4-406:
Colorado Revised Statute 18-4-406 Concealment of Goods If any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.
