Skip to main content
US Criminal Defense.org
Menu

Colorado statute

C.R.S. § 18-4-203 — Second degree burglary.

Current through 2025 Regular Session

Part of Part 2: BURGLARY AND RELATED OFFENSES, Colorado Revised Statutes.

Criminal charges under this statute

Full text of C.R.S. § 18-4-203

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-4-203Primary source, current through the 2025 Regular Session
(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property. (2) (a) Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business. (b) Second degree burglary is a class 3 felony if: (I) It is a burglary of a dwelling; (II) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or (III) The objective of the burglary is the theft of one or more firearms or ammunition. (c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public. (d) Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.

Official sources

Legal terms used in this section

Questions this section answers

Is second degree burglary a felony or a misdemeanor in Colorado?

It depends on the circumstances: second degree burglary ranges from a Class 2 Misdemeanor to a Class 4 Felony in Colorado under C.R.S. § 18-4-203.

Second degree burglary — occupied structure or commercial business building: Class 4 Felony (C.R.S. § 18-4-203(2)(a)) · Second degree burglary — violation of retailer notice or court order restraining entry: Class 2 Misdemeanor (C.R.S. § 18-4-203(2)(c)) · Second degree burglary — other building: Class 5 Felony (C.R.S. § 18-4-203(2)(d))

Which Colorado statute covers second degree burglary?

Second degree burglary is governed by C.R.S. § 18-4-203 (Second degree burglary).

This reference is informational and is not legal advice.