Colorado criminal charge
Second degree criminal trespass in Colorado
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?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (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.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (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.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | 1 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.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (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.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 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) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (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.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (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.) | discretionary | C.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:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trespass on enclosed/fenced premises or hotel/motel/condo/apartment common areas (base) | petty offense | Violation 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 felony | class 5 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. | 18-4-503(2)(a) |
| Trespass in a motor vehicle of another | class 2 misdemeanor | Violation 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.