As used in this article, unless the context otherwise requires:
(1) "Premises" means any real estate and all improvements erected thereon.
(2) "Separate building" means each unit of a building consisting of two or more units separately secured or occupied.
(3) A person "enters unlawfully" or "remains unlawfully" in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. Except as is otherwise provided in section 33-6-116 (1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. In the case of a designated access road not otherwise posted, said notice shall be posted at the entrance to private land and shall be substantially as follows: "ENTERING PRIVATE PROPERTY REMAIN ON ROADS".
Source: L. 71: R&RE, p. 426, § 1. C.R.S. 1963: § 40-4-201. L. 75: (3) amended, p. 634, § 1, effective July 1. L. 84: (3) amended, p. 922, § 9, effective January 1, 1985. L. 99: (3) amended, p. 326, § 1, effective July 1.
Cross references: For the definition of the word "premises" as used in criminal trespass, see § 18-4-504.5.
Notes of Decisions
Cited in
39
cases (
7 in the last 5 years), 1977–2026 · leading case:
Bollier v. People, 635 P.2d 543 (Colo. 1981).
Bollier v. People, 635 P.2d 543 (Colo. 1981).
· cites it 8× “Section 18-4-201(3), C.R.S.1973 (1978 Repl.”
People v. Zukowski, 260 P.3d 339 (Colo. Ct. App. 2011).
· cites it 3× “"); see also § 18-4-201(8), (as used in title 18, article 4, "[a]) person 'enters unlawfully' or 'remains unlawfully' in or upon premises when the person is not licensed, invited, or otherwise privileged to do so").”
People v. McNeese, 865 P.2d 881 (Colo. Ct. App. 1994).
· cites it 14× “Section 18-4-201, C.R.S. (1986 Repl.Vol. 8B) states that: "[A] person `unlawfully enters or remains' in or upon premises when he is not licensed, invited, or otherwise privileged to do so.”
People v. Joosten, 2018 COA 115 (Colo. Ct. App. 2018).
“” § 18-4-201(3), C.R.S. 2017. “In determining whether the crime of burglary has been committed, the focus is upon the possessory rights of the parties[.”
People v. McNeese, 892 P.2d 304 (Colo. 1995).
· cites it 4× “Section 18-4-201(3), 8B C.R.S. (1986), provides a definition of unlawful entry applicable to offenses found in Article 4, Offenses Against Property.”
Quarles v. United States, 139 S. Ct. 1872 (2019).
“Today, of the States that have addressed the question, at least 18 have adopted the "at any time" interpretation of remaining-in burglary, and only 3 appear to have adopted the narrower interpretation.”
People v. Bondurant, 296 P.3d 200 (Colo. Ct. App. 2012).
· cites it 3× “2000); see § 18-4-201(3), C.R.S.2011. 163 Here, Mr. Hawkins testified that, although Bondurant had visited his children at the Hawkinses' residence prior to the date of the offenses and was encouraged to see his children, he "never came in unless we had prior arrangements [and]…”
People v. Johnson, 906 P.2d 122 (Colo. 1995).
· cites it 4× “" Section 18-4-201, 8B C.R.S. (1986), provides: A person "unlawfully enters or remains" in or upon premises when he is not licensed, invited, or otherwise privileged to do so.”
People v. Lopez, 946 P.2d 478 (Colo. Ct. App. 1997).
· cites it 4× “He argues that this instruction incorrectly states the law regarding an alleged burglary of a "dwelling" and applies only in cases relying on § 18-4-201(3), C.R.S. (1986 Repl.Vol. 8B) involving buildings which are "only partly open to the public.”
People v. Hollenbeck, 944 P.2d 537 (Colo. Ct. App. 1996).
· cites it 5× “Section 18-4-201(3), C.R.S. (1986 Repl.Vol.”
People v. Germany, 586 P.2d 1006 (Colo. Ct. App. 1978).
· cites it 5× “S 1973; § 18-4-201(3), C.R.S. 1973 (1976 Cum.Supp.”
— Colo. Rev. Stat. § 18-4-201(1) — 2 cases
— Colo. Rev. Stat. § 18-4-201(3) — 28 cases
Bollier v. People, 635 P.2d 543 (Colo. 1981).
“Section 18-4-201(3), C.R.S.1973 (1978 Repl.”
People v. Joosten, 2018 COA 115 (Colo. Ct. App. 2018).
“” § 18-4-201(3), C.R.S. 2017. “In determining whether the crime of burglary has been committed, the focus is upon the possessory rights of the parties[.”
People v. McNeese, 892 P.2d 304 (Colo. 1995).
“Section 18-4-201(3), 8B C.R.S. (1986), provides a definition of unlawful entry applicable to offenses found in Article 4, Offenses Against Property.”
People v. Bondurant, 296 P.3d 200 (Colo. Ct. App. 2012).
“2000); see § 18-4-201(3), C.R.S.2011. 163 Here, Mr. Hawkins testified that, although Bondurant had visited his children at the Hawkinses' residence prior to the date of the offenses and was encouraged to see his children, he "never came in unless we had prior arrangements [and]…”
— Colo. Rev. Stat. § 18-4-201(8) — 3 cases
People v. Zukowski, 260 P.3d 339 (Colo. Ct. App. 2011).
“"); see also § 18-4-201(8), (as used in title 18, article 4, "[a]) person 'enters unlawfully' or 'remains unlawfully' in or upon premises when the person is not licensed, invited, or otherwise privileged to do so").”
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treatment. Dots show Syfertize treatment of the citing case itself.