Second Degree Criminal Trespass

Charge	Classification	Penalty
First-Degree Criminal Trespass	Class 1 Misdemeanor	Maximum of $1,000 in fines and/or 364 days in jail
Second-Degree Criminal Trespass	Class 2 Misdemeanor	Maximum of $750 in fines and/or 120 days in jail
Third-Degree Criminal Trespass	Petty offense	Maximum of $300 in fines and/or 10 days in jail
Second-Degree Criminal Trespassing on agricultural land in Colorado with intent to engage in felony criminal activity	Class 4 Felony	Fines of $2,000–$500,000 and/or 2–6 years in prison
Third-Degree Criminal Trespassing on agricultural land in Colorado with intent to engage in felony criminal activity	Class 5 Felony	Fines of $1,000–$100,000 and/or 1–3 years in prison
First-Degree Criminal Trespassing of an occupied or inhabited dwelling	Class 6 Felony	Fines of $1,000–$100,000 and/or 1–18 months in prison 1 year mandatory parole
(Colo. Rev. Stat. § § 18-3-202, 18-3-203, 18-1.3-401, 18-1.3-406, 18-1.3-501.)

Remember that it is the burden of the prosecutor to prove to the jury that you are guilty of second-degree criminal trespass beyond a reasonable doubt.

There are a few elements that they’ll need to prove, including the following:

You were physically present on the other person’s property
You knew the area was private property
You didn’t have the owner’s consent to be on the premises

Some of the most effective defenses, then, in second-degree trespassing cases are:

You were falsely identified as the offender
You were not aware the area was private property
The property owner gave you consent to be on the property

(1) A person commits the crime of second degree criminal trespass if such person:

(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or

(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or

(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.

(2) [Editors note: This version of subsection (2) is effective until March 1, 2022.] Second degree criminal trespass is a class 3 misdemeanor, but:

(a) It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and

(b) It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(2) [Editors note: This version of subsection (2) is effective March 1, 2022.] (a) Second degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this section is a petty offense, but it is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor.

(3) (a) Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of paragraph (c) of subsection (1) of this section, the offenders drivers license shall be revoked as provided in section 42-2-125, C.R.S.

(b) This subsection (3) is repealed, effective January 1, 2022.

Trespassing can come with hefty penalties, including prison, jail time, and expensive fines. A prosecutor will do everything they can to prove to the jury beyond a reasonable doubt that you are guilty. With that said, they’ll need sufficient evidence to do so. Several defenses for this criminal charge include proving you were not the wrongdoer or proving you had consent from the owner to be where you were. Even so, you need to be informed to defend yourself against these charges and their costs. Understanding the law as it applies to your specific criminal trespass case will go a long way in preparing you for trial and what the El Paso County District Attorney will use as proof against you.

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CRS 18-4-503

Colorado Second-Degree Criminal Trespass

Penalties for Second Degree Criminal Trespass in Colorado

Possible Defenses for Second-Degree Criminal Trespass in Colorado

Colorado Revised Statutes, CRS 18-4-503:

Have you been charged or arrested for second degree criminal trespass in Colorado Springs or El Paso County?

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