Colorado § 18-4-503 - Second degree criminal trespass.

§ 18-4-503. Second degree criminal trespass.

(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) (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 5 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(3) Repealed.

Source: L. 71: R&RE, p. 431, § 1. C.R.S. 1963: § 40-4-503. L. 81: Entire section amended, p. 990, § 1, effective June 4. L. 83: Entire section amended, p. 666, § 8, effective July 1. L. 84: (2)(a) amended, p. 1119, § 14, effective June 7. L. 93: (1) amended, p. 1732, § 18, effective July 1. L. 94: (1) amended, p. 1718, § 11, effective July 1. L. 2002: (1) amended, p. 1582, § 11, effective July 1. L. 2003: (3) added, p. 1846, § 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3178, § 212, effective March 1, 2022; (3)(b) added on revision, (HB 21-1314), ch. 460, pp. 3099, 3104, §§ 10, 22. L. 2023: (2)(a) amended, (HB 23-1293), ch. 298, p. 1785, § 14, effective October 1.

Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective January 1, 2022. (See L. 2021, pp. 3099, 3104.)

ANNOTATION

Proof of dwelling crucial for first degree trespass. The crucial distinction between first degree criminal trespass and second and third degree is that the prosecution must prove the additional element that the property which was unlawfully entered is a dwelling for first degree trespass. People v. Marshall, 196 Colo. 381, 586 P.2d 41 (1978).

Second degree criminal trespass is a lesser included offense of second degree burglary (§18-4-203). Second degree criminal trespass requires the defendant to unlawfully enter or remain on the premises of another that are enclosed in a manner designed to exclude intruders. By definition, if a building or structure exists, entry of which is required for second degree burglary, the building or structure is designed to exclude intruders. Thus, all of the elements of second degree criminal trespass are included in the offense of second degree burglary. People v. MacBlane, 952 P.2d 824 (Colo. App. 1997).

Applied in People in Interest of D.G.P., 194 Colo. 238, 570 P.2d 1293 (1977); People v. Smith, 638 P.2d 1 (Colo. 1981).