This web page contains the elements of the Colorado Crimes of Felony Burglary
These are only the basic elements of these crimes – to fully understand a crime with which you are charged you will need a much greater understanding of Colorado Criminal Law.
This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.
If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.
First Degree Burglary (18-4-202)
1.A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, or the person or another participant is armed with explosives or a deadly weapon.
2.First degree burglary is a class 3 felony.
3.If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 12-22-303 (7), C.R.S., within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony.
Second Degree Burglary (18-4-203)
1.A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
2.Second degree burglary is a class 4 felony, but it is a class 3 felony if:
(a) It is a burglary of a dwelling; or
(b) It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept within any building or occupied structure.
Third Degree Burglary (18-4-204)
1.A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
2.Third degree burglary is a class 5 felony, but it is a class 4 felony if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept in or upon the property burglarized.