2nd-Degree Trespass – Colorado Law & Penalties – § 18-4-503 CRS

CRS § 18-4-503 is the Colorado criminal trespass law that defines the crime of second-degree trespass. The language of the code section states that:

(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.

The Different Degrees of Trespass

In Colorado, there are three types of criminal trespass:

• first-degree trespass (CRS 18-4-502)
• second-degree trespass (CRS 18-4-503)
• third-degree trespass (CRS 18-4-504)

Second-degree trespass is unique because it deals with:

• the unlawful entry of common areas of hotels, motels, condominiums, and apartment buildings; and
• the unlawful entry of a motor vehicle without intent to commit a crime.

Below, our Denver Colorado criminal defense lawyers discuss the following frequently asked questions:

• 1. What is second-degree trespass under Colorado criminal law?
• 2. What does “knowingly” mean under Colorado law?
• 3. What does “unlawfully” mean under Colorado law?
• 4. What is a “dwelling” under Colorado law?
• 5. How can I be convicted of trespass in a motor vehicle?
• 6. What are common areas of premises under Colorado law?
• 7. What are the penalties for second-degree trespass in Colorado?
• 8. What defenses can I raise to my charge?

1. What is second-degree trespass under Colorado criminal law?

CRS 18-4-503 defines the offense of second-degree trespass and states:

You commit this offense if you:

• (a) Unlawfully enter or remain 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 enter or remain in or upon the common areas of a hotel, motel, condominium, or apartment building; or
• (c) Knowingly and unlawfully enter or remain in a motor vehicle of another.¹

How is this different from first-degree trespass?

Unlike with first-degree trespass:

• the building entered does not have to be a dwelling, and
• no intent to commit a crime is required when unlawfully entering a motor vehicle.²

2. What does “knowingly” mean under Colorado law?

You commit an offense knowingly if you:

• conduct yourself in a way or under a circumstance prohibited by a Colorado trespass law, or
• are aware that the conduct is practically certain to cause a result prohibited by the law.³

You must commit each element of the offense knowingly in order to be guilty of the crime. If you do not, you must be found not guilty.

3. What does “unlawfully” mean under Colorado law?

For purposes of CRS 18-4-503, unlawfully means:

• without permission or consent
• whether express or implied
• of the owner of the property.⁴

This means that if you had permission to be on the property, you could not have been on the property unlawfully unless you remained on the property after the initial consent had been taken away.

Example: Alice is homeless and enters a store during open hours but hides in a back room so she will have a place to sleep for the night. She has no intent to commit any other crime besides the actual trespass itself. She can be charged with second-degree trespass.

4. What is a “dwelling” under Colorado law?

If you trespass in a dwelling or residence of another person, you could face first-degree trespass charges, rather than second-degree charges. Examples of dwellings include but are not limited to:

• a house,
• an apartment,
• a garage attached to a home,⁵
• a trailer home,
• a jail cell, or
• a condo.⁶

Any part of a building can be a dwelling if it is part of someone’s residence or lodgings. If the building is not a dwelling, second-degree trespass charges are what the prosecutor may charge.

What does a fence or other enclosure have to do with this charge?

What makes second-degree and third-degree trespass different from one another is the fact that the premises must be fenced or otherwise enclosed if you only trespassed on the land of another but not in an actual structure.

Example: Sally climbs a locked fencing area to get inside of a private park so that she can play on the playground. (Sally is 21). She never goes into a building and remains only on the land. Because the area is fenced and meant to keep out others, she can be charged with second-degree trespass.

If instead the area had not been fenced, she could only be charged with third-degree trespass.

5. How can I be convicted of trespass in a motor vehicle?

A motor vehicle includes but is not limited to a:

• car,
• truck,
• boat,
• SUV, or
• motorcycle.

If you unlawfully enter in or on a motor vehicle, there does not need to be an intent to commit a crime in order to be charged with second-degree trespass. If the trespass is committed with the intent to commit another crime, the charge can be raised to first-degree trespass.

Does the vehicle have to be locked for this offense?

No. The motor vehicle does not have to be locked for you to be charged with second-degree trespass.

Even entering into the open bed of a pick-up truck could constitute the necessary “entering” of the vehicle for the crime to be charged. The entrance only has to be unlawful in order for it to constitute a criminal offense.

6. What are common areas of premises under Colorado law?

Under CRS 18-4-503, you can be charged with second-degree trespass if you:

• knowingly and unlawfully
• enter or remain
• in or upon the common areas of a
  • hotel,
  • motel,
  • condominium, or
  • apartment building.

These “common areas” include places such as:

• a hotel or apartment lobby,
• a hallway,
• a pool area,
• a private lawn, or
• another area commonly shared by residents of the building but is not a dwelling.

Example: Christian is wet from a long walk in the unexpected rain and ducks into a hotel lobby to get out of the weather. He sits down in a chair and is approached by a hotel employee. The employee first asks if he is a guest of the hotel, and Christian says he is not. Christian is asked to leave but refuses to do so. He can be charged with second-degree trespass.

7. What are the penalties for second-degree trespass in Colorado?

Knowingly and unlawfully entering or remaining in a motor vehicle of another is a class 2 misdemeanor, punishable by:

• Up to 120 days in jail, and/or
• Up to $750 in fines.

Trespassing on premises classified as agricultural land with the intent to commit a felony thereon is a class 5 felony, punishable by:

• 1-3 years in prison, and/or
• A fine of $1,000-$100,000.

Otherwise, second-degree trespass is prosecuted as a petty offense, punishable by:

• Up to 10 days in jail, and/or
• Up to $300 in fines.⁷

8. What defenses can I raise to my charge?

To defend against a second-degree trespass charge, an experienced defense attorney can raise certain defenses on your behalf, such as:

• you had permission to be on the property;
• you did not know you were trespassing;
• the land was not agricultural;
• the structure was not a common area; or
• the prosecutor did not prove all of the elements beyond a reasonable doubt.

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