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Colorado criminal charge

Second degree criminal trespass in Colorado

Current through 2026 Colorado legislative session

Second degree criminal trespass is a criminal offense under Colorado law, defined by C.R.S. § 18-4-503. 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. § 18-4-503.

What is the penalty for second degree criminal trespass in Colorado?

Penalties for Second degree criminal trespass
PenaltyRangeBasisAuthority
Jail / prisonup to 10 days (Trespass on enclosed/fenced premises or hotel/motel/condo/apartment common areas (base) — Violation of subsection (1)(a) or (1)(b) without intent to commit a felony on agricultural land is a petty offense.)discretionaryC.R.S. § 18-1.3-503
Fineup to $300 (Trespass on enclosed/fenced premises or hotel/motel/condo/apartment common areas (base) — Violation of subsection (1)(a) or (1)(b) without intent to commit a felony on agricultural land is a petty offense.)discretionaryC.R.S. § 18-1.3-503
Jail / prison1 years to 3 years (Trespass on agricultural land with intent to commit a felony — Violation of subsection (1)(a) or (1)(b) is a class 5 felony if the premises are classified as agricultural land and the person trespasses with intent to commit a felony thereon.)presumptiveC.R.S. § 18-1.3-401
Fine$1,000 to $100,000 (Trespass on agricultural land with intent to commit a felony — Violation of subsection (1)(a) or (1)(b) is a class 5 felony if the premises are classified as agricultural land and the person trespasses with intent to commit a felony thereon.)discretionaryC.R.S. § 18-1.3-401
Parole / supervision2 years to 2 years (Trespass on agricultural land with intent to commit a felony — Violation of subsection (1)(a) or (1)(b) is a class 5 felony if the premises are classified as agricultural land and the person trespasses with intent to commit a felony thereon.; mandatory parole)mandatoryC.R.S. § 18-1.3-401
Jail / prisonup to 120 days (Trespass in a motor vehicle of another — Violation of subsection (1)(c), knowingly and unlawfully entering or remaining in a motor vehicle of another, is a class 2 misdemeanor.)discretionaryC.R.S. § 18-1.3-501
Fineup to $750 (Trespass in a motor vehicle of another — Violation of subsection (1)(c), knowingly and unlawfully entering or remaining in a motor vehicle of another, is a class 2 misdemeanor.)discretionaryC.R.S. § 18-1.3-501

Applies to offenses on/after 2022-03-01 (SB21-271).

How is second degree criminal trespass classified in Colorado?

The classification depends on the circumstances:

Classification variants for Second degree criminal trespass
VariantClassificationWhen it appliesStatute
Trespass on enclosed/fenced premises or hotel/motel/condo/apartment common areas (base)Petty OffenseViolation of subsection (1)(a) or (1)(b) without intent to commit a felony on agricultural land is a petty offense.18-4-503(2)(a)
Trespass on agricultural land with intent to commit a felonyClass 5 FelonyViolation of subsection (1)(a) or (1)(b) is a class 5 felony if the premises are classified as agricultural land and the person trespasses with intent to commit a felony thereon.18-4-503(2)(a)
Trespass in a motor vehicle of anotherClass 2 MisdemeanorViolation of subsection (1)(c), knowingly and unlawfully entering or remaining in a motor vehicle of another, is a class 2 misdemeanor.18-4-503(2)(b)

Common questions about second degree criminal trespass in Colorado

Is second degree criminal trespass a felony or a misdemeanor in Colorado?

It depends on the circumstances: second degree criminal trespass ranges from a Petty Offense to a Class 5 Felony in Colorado under C.R.S. § 18-4-503.

Trespass on enclosed/fenced premises or hotel/motel/condo/apartment common areas (base): Petty Offense (C.R.S. § 18-4-503(2)(a)) · Trespass on agricultural land with intent to commit a felony: Class 5 Felony (C.R.S. § 18-4-503(2)(a)) · Trespass in a motor vehicle of another: Class 2 Misdemeanor (C.R.S. § 18-4-503(2)(b))

What are the penalties for second degree criminal trespass in Colorado?

Penalties for second degree criminal trespass in Colorado depend on how it is classified — from a Petty Offense up to a Class 5 Felony — with the ranges set by C.R.S. § 18-1.3-503, C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.

Which Colorado statute covers second degree criminal trespass?

Second degree criminal trespass is governed by C.R.S. § 18-4-503 (Second 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.