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This web page contains the elements of the Colorado Crimes of Felony Trespass (18-4-502), (18-4-503), (18-4-504)

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 Criminal Trespass (18-4-502)

1.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.

Second Degree Criminal Trespass (18-4-503)

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.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.

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 section 42-2-125, C.R.S.

Third Degree Criminal Trespass (18-4-504)

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:

(a) 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 section 39-1-102 (1.6), C.R.S.;

and

(b) 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.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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