1972, April, Pg. 9. Article IV: The New Criminal Code.

• Author: Carroll E. Multz

1 Colo.Law. 9

Colorado Lawyer

1972.

1972, April, Pg. 9.

Article IV: The New Criminal Code

91972, April, Pg. 9Article IV: The New Criminal CodeCarroll E. MultzCarroll E. Multz, Colorado Springs, is Chief Trial Deputy for the Fourth Judicial District. He was one of the drafters of the new Colorado Criminal Code and is the author of numerous publications, including The Colorado Criminal Law Handbook, Criminal Law for Police, and Civil Law for Police. His article, the fourth in a series, examines Article IV of the Code.Portions of seven existing articles have been consolidated and incorporated in Article IV of the new Colorado Criminal Code. Entitled "Offenses Against Property," Article IV covers such substantive crimes as arson, burglary, robbery, theft, trespass, tampering, and criminal mischief.

The relative severity of the offenses defined are determined primarily by the degree of danger to persons and secondarily by the type of property involved in the offense. In arson and burglary, the definitions of "building" and "occupied structure" become important.

The Code defines "building" as a structure which has the capacity to contain and is designed for the shelter of man, animals, or property whether or not any of these is actually present. An "occupied structure," on the other hand, is defined as any facility used by persons or animals upon occasion and which, at the time the defendant acts, is in fact occupied by a person or animal and such fact is known to the defendant. The Code makes it clear that if a building is divided into units for separate occupancy, such as an apartment building, any unit not occupied by the defendant is a "building" of another.

ArsonFour degrees of arson are defined by the Code as compared to the present three. The new provisions substantially broaden existing law by (1) defining the offense not only in terms of burning but also in terms of damaging property by means of explosives, and (2) prohibiting conduct which imperils another's person or property by means of fire or explosives.

First Degree Arson. The elements of first degree arson are: (1) intentionally (2) setting fire to, burning, or causing to be burned, or damaging by the use of explosives (3) the building or occupied structure (4) of another (5) without his consent. First degree arson is a class 3 felony.

Second Degree Arson. The elements of second degree arson are: (1) intentionally (2) setting fire to, burning, or causing to be burned, or damaging by the use of explosives (3) any property other than a building or occupied structure (4) of another (5)

10without his consent. Second degree arson is a class 4 felony if the damage is $100 or more; it is a class 2 misdemeanor if the damage is less than $100.

Third Degree Arson. The elements of third degree arson are: (1) intentionally (2) by means of fire or explosives (3) damaging any property (4) with intent to defraud. Third degree arson is a class 4 felony.

Fourth Degree Arson. The elements of fourth degree arson are: (1) starting or maintaining a fire or causing an explosion (2) on defendant's own property or that of another and (3) thereby placing another in danger of death or serious bodily injury or placing any building or occupied structure of another in danger of damage. Fourth degree arson is a class 4 felony if a person is endangered; it is a class 2 misdemeanor if property of a value of $100 or more is endangered. It is a class 3 misdemeanor if property of a value of less than $100 is endangered.

BurglaryThe Code defines three degrees of burglary as compared to two presently. Burglary of safes, coin boxes, coin vending machines, and other similar apparatuses has been moved from a second to a third degree classification. As between first and second degree burglary, a distinction is no longer made on the basis of the type of premises involved but rather on the conduct of the defendant and that of his confederates. Unlike the present law, it is first degree burglary if the defendant is armed with explosives, or a confederate is armed with explosives or a dangerous weapon, or a confederate assaults or menaces someone during the commission of the offense.

First Degree Burglary. A person commits first degree burglary when he: (1) knowingly (2) enters or remains unlawfully (3) in a building or occupied structure (4) with intent to commit therein a crime against a person or property (other than trespass), and (5) in effecting entry or while in the building or occupied structure or in immediate flight therefrom (a) he or a confederate assaults or menaces another, or (b) he or a confederate is armed with explosives or a deadly...