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Colorado State - Trespass

Trespass is the unlawful entering and/or remaining on private property. The punishment and severity of the crime varies across states but generally is regarded as misdemeanor except those trespasses deemed to be first degree criminal trespass which is a felony in many states. While the term trespass is commonly used to refer to a entering or remaining on a particular piece of real estate it can also be used to refer to entering a motor vehicle with the intent to commit a crime.

The Colorado criminal statutes define first degree criminal trespass in 18-4-502 as follows :

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein. First degree criminal trespass is a class 5 felony.

The Colorado criminal statutes define second degree criminal trespass in 18-4-503 as follows :

  1. A person commits the crime of second degree criminal trespass if such person :
    1. 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
    2. Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
    3. Knowingly and unlawfully enters or remains in a motor vehicle of another.
  2. Second degree criminal trespass is a class 3 misdemeanor, but:
    1. 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 39-1-102(1.6), C.R.S.; and
    2. 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. (3) 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 offender's driver's license shall be revoked as provided in 42-2-125, C.R.S.

The Colorado criminal statutes define third degree criminal trespass in 18-4-504 as follows :

  1. A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.
  2. Third degree criminal trespass is a class 1 petty offense, but:
    1. It is a class 3 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 39-1-102(1.6), C.R.S.; and
    2. It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

The Colorado criminal statutes define the term "premises" in 18-4-504.5 as follows :

As used in 18-4-503 and 18-4-504 the term "premises" means real property, buildings, and other improvements thereon, and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property.

To convict a person of first degree criminal trespass the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly and unlawfully entered or remained in a dwelling. Or
  4. entered any motor vehicle,
  5. with intent to steal anything of value.

To convict a person of second degree criminal trespass the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly and unlawfully entered or remained in or upon the premises,
  4. which were enclosed in a manner designed to exclude intruders or were fenced. Or
  5. knowingly and unlawfully entered or remained in or upon the premises,
  6. of a hotel, motel, condominium, or apartment building

To convict a person of third degree criminal trespass the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. unlawfully entered or remained in or upon any premises.