Colorado criminal charge
Third degree criminal trespass in Colorado
Current through 2026 Colorado legislative session
Third degree criminal trespass is a criminal offense under Colorado law, defined by C.R.S. § 18-4-504. 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. § 18-4-504.
What is the penalty for third degree criminal trespass in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (no statutory minimum) (Third degree criminal trespass — base offense — Applies generally when a person unlawfully enters or remains in or upon premises of another, absent the aggravating circumstances described in (2)(b).) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Third degree criminal trespass — base offense — Applies generally when a person unlawfully enters or remains in or upon premises of another, absent the aggravating circumstances described in (2)(b).) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | 1 years to 3 years (Third degree criminal trespass — agricultural land with fenced perimeter, intent to commit felony — Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, and the agricultural land had a fence securing the perimeter.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Third degree criminal trespass — agricultural land with fenced perimeter, intent to commit felony — Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, and the agricultural land had a fence securing the perimeter.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Third degree criminal trespass — agricultural land with fenced perimeter, intent to commit felony — Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, and the agricultural land had a fence securing the perimeter.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Third degree criminal trespass — agricultural land without fenced perimeter, intent to commit felony — Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, but the agricultural land did not have a fence securing the perimeter.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Third degree criminal trespass — agricultural land without fenced perimeter, intent to commit felony — Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, but the agricultural land did not have a fence securing the perimeter.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Third degree criminal trespass — agricultural land without fenced perimeter, intent to commit felony — Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, but the agricultural land did not have a fence securing the perimeter.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is third degree criminal trespass classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Third degree criminal trespass — base offense | petty offense | Applies generally when a person unlawfully enters or remains in or upon premises of another, absent the aggravating circumstances described in (2)(b). | 18-4-504(2) |
| Third degree criminal trespass — agricultural land with fenced perimeter, intent to commit felony | class 5 felony | Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, and the agricultural land had a fence securing the perimeter. | 18-4-504(2)(b) |
| Third degree criminal trespass — agricultural land without fenced perimeter, intent to commit felony | class 6 felony | Applies when the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon, but the agricultural land did not have a fence securing the perimeter. | 18-4-504(2)(b) |
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.