Colorado criminal charge
First degree criminal trespass in Colorado
First degree criminal trespass is a criminal offense under Colorado law, defined by C.R.S. § 18-4-502. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-4-502.
What is the penalty for first degree criminal trespass in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (Unlawful entry/remaining in dwelling (not inhabited or occupied) — Applies when a person knowingly and unlawfully enters or remains in a dwelling of another under subsection (1)(a), and the dwelling is not inhabited or occupied.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Unlawful entry/remaining in dwelling (not inhabited or occupied) — Applies when a person knowingly and unlawfully enters or remains in a dwelling of another under subsection (1)(a), and the dwelling is not inhabited or occupied.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Unlawful entry/remaining in inhabited or occupied dwelling — Applies when the trespass under subsection (1)(a) involves a dwelling that is inhabited or occupied.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Unlawful entry/remaining in inhabited or occupied dwelling — Applies when the trespass under subsection (1)(a) involves a dwelling that is inhabited or occupied.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Unlawful entry/remaining in inhabited or occupied dwelling — Applies when the trespass under subsection (1)(a) involves a dwelling that is inhabited or occupied.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 364 days (Entering a motor vehicle with intent to commit a crime — Applies when a person enters any motor vehicle with intent to commit a crime therein under subsection (1)(b).) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Entering a motor vehicle with intent to commit a crime — Applies when a person enters any motor vehicle with intent to commit a crime therein under subsection (1)(b).) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is first degree criminal trespass classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful entry/remaining in dwelling (not inhabited or occupied) | Class 1 Misdemeanor | Applies when a person knowingly and unlawfully enters or remains in a dwelling of another under subsection (1)(a), and the dwelling is not inhabited or occupied. | 18-4-502(2)(a) |
| Unlawful entry/remaining in inhabited or occupied dwelling | Class 6 Felony | Applies when the trespass under subsection (1)(a) involves a dwelling that is inhabited or occupied. | 18-4-502(2)(a) |
| Entering a motor vehicle with intent to commit a crime | Class 1 Misdemeanor | Applies when a person enters any motor vehicle with intent to commit a crime therein under subsection (1)(b). | 18-4-502(2)(b) |
Common questions about first degree criminal trespass in Colorado
Is first degree criminal trespass a felony or a misdemeanor in Colorado?
It depends on the circumstances: first degree criminal trespass ranges from a Class 1 Misdemeanor to a Class 6 Felony in Colorado under C.R.S. § 18-4-502.
Unlawful entry/remaining in dwelling (not inhabited or occupied): Class 1 Misdemeanor (C.R.S. § 18-4-502(2)(a)) · Unlawful entry/remaining in inhabited or occupied dwelling: Class 6 Felony (C.R.S. § 18-4-502(2)(a)) · Entering a motor vehicle with intent to commit a crime: Class 1 Misdemeanor (C.R.S. § 18-4-502(2)(b))
What are the penalties for first degree criminal trespass in Colorado?
Penalties for first degree criminal trespass in Colorado depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 Felony — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers first degree criminal trespass?
First degree criminal trespass is governed by C.R.S. § 18-4-502 (First degree criminal trespass).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.