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Colorado Revised Statutes

Colo. Rev. Stat. § 18-4-202.1 (2026)

Habitual burglary offenders - punishment - legislative declaration

✓ current as of July 2026
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(Repealed)

Source: L. 81: Entire section added, p. 985, § 1, effective July 1. L. 82: (1) and (2) amended, p. 253, § 10, effective May 3. L. 2002: Entire section repealed, p. 1463, § 3, effective October 1.

Editor's note: This section was relocated to § 18-1.3-804 in 2002.

Cross references: For the legislative declaration contained in the 2002 act repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

Notes of Decisions
Cited in 5 cases, 1982–2007 · leading case: Silva v. People, 156 P.3d 1164 (Colo. 2007).
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Silva v. People, 156 P.3d 1164 (Colo. 2007). · cites it 4× “The trial court then found Silva guilty of six habitual criminal counts under sections 18-4-202.1, C.R.S. (1997) and XX-XX-XXX, C.”
People v. Phillips, 652 P.2d 575 (Colo. 1982). · cites it 4× “[1] Section 18-1-105(1)(b) provides: Except as provided in subsection (6) and subsection (9) of this section and in section 18-4-202.1 [relating to habitual burglary offenders], a person who has been convicted of a class 2, class 3, class 4, or class 5 felony shall be punished…”
People v. Germany, 674 P.2d 345 (Colo. 1983). · cites it 3× “), allegedly committed on September 6, 1981, and in a separate *348 count with a 1978 conviction for second degree burglary as the basis of enhanced sentencing under the habitual burglary offender statute, section 18-4-202.1, C.R.S.1973 (1982 Supp.”
People v. Whitley, 998 P.2d 31 (Colo. Ct. App. 2000). · cites it 2× “1998 (if a defendant charged as an habitual criminal denies prior convictions, then the prosecution must prove the existence of the convictions beyond a reasonable doubt in a separate proceeding after defendant is convicted of the new underlying offense); § 18-4-202.1(5)…”
Shipley v. People, 45 P.3d 1277 (Colo. 2002). “, § 18-4-202.1, 6 C.R.S. (2001)(habitual burglar offender "shall be sentenced to a term of incarceration"), or imprisonment, eg, § 16-13-101(2)(habitual criminal "shall be punished .”
Colo. Rev. Stat. § 18-4-202.1(5): 1 case
People v. Whitley, 998 P.2d 31 (Colo. Ct. App. 2000). “1998 (if a defendant charged as an habitual criminal denies prior convictions, then the prosecution must prove the existence of the convictions beyond a reasonable doubt in a separate proceeding after defendant is convicted of the new underlying offense); § 18-4-202.1(5)…”
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