As used in this article, unless the context otherwise requires:
(1) "Building" means a structure which has the capacity to contain, and is designed for
the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or
other vehicle or place adapted for overnight accommodations of persons or animals, or for
carrying on of business therein, whether or not a person or animal is actually present.
(2) "Occupied structure" means any area, place, facility, or enclosure which, for
particular purposes, may be used by persons or animals upon occasion, whether or not included
within the definition of "building" in subsection (1) of this section, and which is in fact occupied
by a person or animal, and known by the defendant to be thus occupied at the time he acts in
violation of one or more of sections 18-4-102 to 18-4-105.
(3) Property is that of "another" if anyone other than the defendant has a possessory or
proprietary interest therein.
(4) If a building is divided into units for separate occupancy, any unit not occupied by
the defendant is a "building of another".
Source: L. 71: R&RE, p. 425, § 1. C.R.S. 1963: § 40-4-101.
Notes of Decisions
Mathis v. United States, 195 L. Ed. 2d 604 (2016).
“Perhaps the statutes of a few States say whether words like "boat" or "building" stand for an element of a crime or a means to commit a crime.”
People v. Clayton, 728 P.2d 723 (Colo. 1986).
· cites it 16× “The People urge that the definition of "property of another" under Colorado's arson statute, sections 18-4-101, 18-4-102 and 18-4-103, 8B C.”
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
· cites it 2× “Section 18-4-101(1) further defines “building” as follows: “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for…”
People v. Rock, 2017 CO 84 (Colo. 2017).
· cites it 2× “Second degree burglary is committed by, among other things, knowingly entering or remaining unlawfully in a “building or occupied structure,” with intent to commit therein a crime against another person or property, § 18-4-203(1), and the term “building” is defined for these…”
People v. Simien, 671 P.2d 1021 (Colo. Ct. App. 1983).
· cites it 7× “The matter is before us again on remand for consideration of other arguments raised by the defendant on appeal which were not previously considered, namely: (1) Whether the trailer was a “building” within the meaning of § 18-4-101(1), C.R.S.1973 (1978 RepLVol. 8); (2) whether…”
United States v. Stitt, 139 S. Ct. 399 (2018).
“§§ 459, 460 (West 1970) ; Colo. Rev. Stat. §§ 18-4-101 (1) - (2), 18-4-202, 18-4-203 (1978) ; Conn.”
People v. Moyer, 635 P.2d 553 (Colo. 1981).
· cites it 9× “) Section 18-4-101, C.R.S. 1973 (1978 Repl.”
People v. Morales, 298 P.3d 1000 (Colo. Ct. App. 2012).
· cites it 4× ““Building” is defined in section 18-4-101(1), C.R.S.2011, as follows: “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place…”
Rummel v. Estelle, 445 U.S. 263 (1980).
“§§ 41-1901, 41-3907 (1964) (1 to 21 years); Colo. Rev. Stat. §§ 18-4-101 , 18-1-105 (1973) (fine or up to 10 years); Del.”
v. Berry, 2020 CO 14 (Colo. 2020).
· cites it 6× “” If a thing of value “of another” includes property in which another has a possessory, but not a proprietary, 10 interest, why doesn’t property “of the state” include property in which the state has a possessory, but not a proprietary, interest? ¶43 I also draw guidance from…”
— Colo. Rev. Stat. § 18-4-101(1) — 15 cases
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
“Section 18-4-101(1) further defines “building” as follows: “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for…”
People v. Rock, 2017 CO 84 (Colo. 2017).
“Second degree burglary is committed by, among other things, knowingly entering or remaining unlawfully in a “building or occupied structure,” with intent to commit therein a crime against another person or property, § 18-4-203(1), and the term “building” is defined for these…”
People v. Simien, 671 P.2d 1021 (Colo. Ct. App. 1983).
“The matter is before us again on remand for consideration of other arguments raised by the defendant on appeal which were not previously considered, namely: (1) Whether the trailer was a “building” within the meaning of § 18-4-101(1), C.R.S.1973 (1978 RepLVol. 8); (2) whether…”
People v. Morales, 298 P.3d 1000 (Colo. Ct. App. 2012).
““Building” is defined in section 18-4-101(1), C.R.S.2011, as follows: “Building” means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place…”
v. Gillis, 2020 COA 68 (Colo. Ct. App. 2020).
— Colo. Rev. Stat. § 18-4-101(14)(a)(I) — 1 case
— Colo. Rev. Stat. § 18-4-101(2) — 3 cases
People v. Moyer, 635 P.2d 553 (Colo. 1981).
“) Section 18-4-101, C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-4-101(3) — 3 cases
People v. Clayton, 728 P.2d 723 (Colo. 1986).
“The People urge that the definition of "property of another" under Colorado's arson statute, sections 18-4-101, 18-4-102 and 18-4-103, 8B C.”
v. Berry, 2020 CO 14 (Colo. 2020).
“” If a thing of value “of another” includes property in which another has a possessory, but not a proprietary, 10 interest, why doesn’t property “of the state” include property in which the state has a possessory, but not a proprietary, interest? ¶43 I also draw guidance from…”
— Colo. Rev. Stat. § 18-4-101(4) — 1 case
— Colo. Rev. Stat. § 18-4-101(8) — 1 case
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