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CRS 18-4-503

Colorado Second-Degree Criminal Trespass

Colorado statute CRS 18-4-503—known as second degree criminal trespass—occurs when a person enters or remains unlawfully inside the premises of another person’s enclosed property. This includes fenced-in areas or otherwise enclosed private premises.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.

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Penalties for Second Degree Criminal Trespass in Colorado

Charge Classification Penalty
First-Degree Criminal Trespass Class 1 Misdemeanor

 

  • Maximum of $1,000 in fines and/or
  • 364 days in jail
Second-Degree Criminal Trespass Class 2 Misdemeanor
  • Maximum of $750 in fines and/or
  • 120 days in jail
Third-Degree Criminal Trespass Petty offense
  • Maximum of $300 in fines and/or
  • 10 days in jail
Second-Degree Criminal Trespassing on agricultural land in Colorado with intent to engage in felony criminal activity Class 4 Felony
  • Fines of $2,000–$500,000 and/or
  • 2–6 years in prison

 

Third-Degree Criminal Trespassing on agricultural land in Colorado with intent to engage in felony criminal activity

 

Class 5 Felony
  • Fines of $1,000–$100,000 and/or
  • 1–3 years in prison
First-Degree Criminal Trespassing of an occupied or inhabited dwelling Class 6 Felony
  • Fines of $1,000–$100,000 and/or
  • 1–18 months in prison
  • 1 year  mandatory parole
(Colo. Rev. Stat. § § 18-3-202, 18-3-203, 18-1.3-401, 18-1.3-406, 18-1.3-501.)    

Possible Defenses for Second-Degree Criminal Trespass in Colorado

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Remember that it is the burden of the prosecutor to prove to the jury that you are guilty of second-degree criminal trespass beyond a reasonable doubt.

There are a few elements that they’ll need to prove, including the following:

  1. You were physically present on the other person’s property
  2. You knew the area was private property
  3. You didn’t have the owner’s consent to be on the premises

Some of the most effective defenses, then, in second-degree trespassing cases are:

  • You were falsely identified as the offender
  • You were not aware the area was private property
  • The property owner gave you consent to be on the property

Colorado Revised Statutes, CRS 18-4-503:

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(1) A person commits the crime of second degree criminal trespass if such person:

 (a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or

(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or

(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.

(2) [Editors note: This version of subsection (2) is effective until March 1, 2022.] Second degree criminal trespass is a class 3 misdemeanor, but:

(a) It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and

(b) It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(2) [Editors note: This version of subsection (2) is effective March 1, 2022.] (a) Second degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this section is a petty offense, but it is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor.

(3) (a) Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of paragraph (c) of subsection (1) of this section, the offenders drivers license shall be revoked as provided in section 42-2-125, C.R.S.

(b) This subsection (3) is repealed, effective January 1, 2022.

Have you been charged or arrested for second degree criminal trespass in Colorado Springs or El Paso County?

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Trespassing can come with hefty penalties, including prison, jail time, and expensive fines. A prosecutor will do everything they can to prove to the jury beyond a reasonable doubt that you are guilty. With that said, they’ll need sufficient evidence to do so. Several defenses for this criminal charge include proving you were not the wrongdoer or proving you had consent from the owner to be where you were. Even so, you need to be informed to defend yourself against these charges and their costs. Understanding the law as it applies to your specific criminal trespass case will go a long way in preparing you for trial and what the El Paso County District Attorney will use as proof against you.

Frequently Asked Questions

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Does private property have to be posted in Colorado?

You must obtain permission from a property owner to enter the premises legally, and owners do not need to fence their property in or post “private property” signs around it.

What is the difference between first and second degree criminal trespass in Colorado?

In second-degree criminal trespassing, the alleged offender is accused of having entered someone else’s property that was clearly set up to discourage intruders. This trespass charge is unique in that it includes entering a vehicle or the common areas of dwellings like hotels and apartment complexes.

First-degree criminal trespass involves the offender entering an existing home or dwelling or entering another person’s vehicle with the intent to commit a crime therein.

Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
  • Greenwood Village
  • Cherry Hills Village
  • Foxfield
  • Sheridan
  • Columbine Valley
  • Byers
  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

Teller County

Fremont County

  • Coaldale
  • Cotopaxi
  • Hillside
  • Howard
  • Texas Creek
  • Wellsville