Chapter 29 - § 29.1 • CRIMINAL TRESPASS

• Jurisdiction: Colorado

§ 29.1 • CRIMINAL TRESPASS¹

§ 29.1.1—First Degree Criminal Trespass

A person commits first degree criminal trespass if he or she knowingly and unlawfully enters or remains in a dwelling of another.²

§ 29.1.2—Second Degree Criminal Trespass

A person commits second degree criminal trespass if he or she unlawfully enters or remains in or upon the premises³ of another which are enclosed in a manner designed to exclude intruders or are fenced, or knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building.⁴

§ 29.1.3—Third Degree Criminal Trespass

A person commits third degree criminal trespass if he or she unlawfully enters or remains in or upon premises of another.⁵

C.R.S. § 18-4-405 does not permit recovery of real property obtained by fraud or deception when record title is held by a good faith purchaser.⁶

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Notes:

^[1] For the exception to criminal trespass laws granted to licensed professional land surveyors and persons under their direct supervision, see C.R.S. § 18-4-515.

^[2] C.R.S. § 18-4-502. First degree criminal trespass is a class 5 felony. Id.

^[3] C.R.S. § 18-4-504.5 provides:

As used in sections 18-4-503 and 18-4-504, "premises" means real property, buildings, and other improvements thereon, and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property.

^[4] C.R.S. § 18-4-503(1). Second degree criminal trespass is a class 3 misdemeanor, except that it is a class 2 misdemeanor if the premises have been classified by the county assessor as agricultural land, and it is a class 4 felony of the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon. C.R.S. § 18-4-503(2).

^[5] C.R.S. § 18-4-504(1). Third degree criminal trespass is a class 1 petty offense, except that it is a class 3 misdemeanor if the premises have been classified by the county assessor as agricultural land, and it is a class 5 felony if the person trespasses on...