Colorado criminal charge
Third degree criminal trespass in Colorado
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 (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 (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 | $1,000 to $100,000 (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 | $1,000 to $100,000 (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) |
Common questions about third degree criminal trespass in Colorado
Is third degree criminal trespass a felony or a misdemeanor in Colorado?
It depends on the circumstances: third degree criminal trespass ranges from a Petty Offense to a Class 5 Felony in Colorado under C.R.S. § 18-4-504.
Third degree criminal trespass — base offense: Petty Offense (C.R.S. § 18-4-504(2)) · Third degree criminal trespass — agricultural land with fenced perimeter, intent to commit felony: Class 5 Felony (C.R.S. § 18-4-504(2)(b)) · Third degree criminal trespass — agricultural land without fenced perimeter, intent to commit felony: Class 6 Felony (C.R.S. § 18-4-504(2)(b))
What are the penalties for third degree criminal trespass in Colorado?
Penalties for third 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 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers third degree criminal trespass?
Third degree criminal trespass is governed by C.R.S. § 18-4-504 (Third 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.