(1) A person commits first degree burglary if the
person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a
building or occupied structure with intent to commit therein a crime, other than trespass as
defined in this article, against another person or property, and if in effecting entry or while in the
building or occupied structure or in immediate flight therefrom, the person or another participant
in the crime assaults or menaces any person, the person or another participant is armed with
explosives, or the person or another participant uses a deadly weapon or possesses and threatens
the use of a deadly weapon.
(2) First degree burglary is a class 3 felony.
(3) Repealed.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-202. L. 73: p. 572, § 10. L. 81:
(3) amended, p. 737, § 20, effective July 1. L. 99: (1) amended, p. 327, § 2, effective July 1. L.
2012: (3) amended, (HB 12-1311), ch. 281, p. 1618, § 40, effective July 1. L. 2013: (1)
amended, (SB 13-229), ch. 272, p. 1429, § 8, effective July 1. L. 2023: (3) repealed, (HB 23-
1293), ch. 298, p. 1784, § 9, effective October 1.
Notes of Decisions
Cited in
107
cases (
17 in the last 5 years), 1975–2026 · leading case:
v. Dominguez, 2021 COA 76 (Colo. Ct. App. 2021).
v. Dominguez, 2021 COA 76 (Colo. Ct. App. 2021).
· cites it 6× “[f]irst or second degree burglary, as described in section 18-4-202[, C.R.S. 2020,] or [section] 18-4-203[, C.”
Howard-Walker v. People, 2019 CO 69 (Colo. 2019).
· cites it 2× “Compare § 18-4-202(1), C.R.S. (2018) (defining first degree burglary), with § 18-4-203(1), C.”
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
· cites it 6× “§ 18-4-202, 8B C.R.S. (1986). 2 . § 18-4-203, 8B C.”
Montez v. People, 269 P.3d 1228 (Colo. 2012).
· cites it 4× “T 1 In this case, we accepted certiorari on a statutory construction issue involving the first degree burglary statute, section 18-4-202(1), C.R.S. (2011), which incorporates the armed with a deadly weapon definition contained in section 18-1-901(8)(e), CRS.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
· cites it 4× “Review of other jurisdictions' burglary statutes confirms this Colorado requirement is atypical.”
Clark v. People, 232 P.3d 1287 (Colo. 2010).
· cites it 3× “(2005); one count of first degree burglary, in violation of section 18-4-202, C.R.S. (2005); and one count of second degree burglary, in violation of section 18-4-208, C.”
v. Gillis, 2020 COA 68 (Colo. Ct. App. 2020).
· cites it 6× “¶ 36 As pertinent here, section 18-4-202(1) provides that a conviction for first degree burglary requires proof, among other things, that the defendant (1) knowingly (2) entered unlawfully, or remained unlawfully after a lawful or unlawful entry, (3) in a building or occupied…”
People v. Fuentes, 258 P.3d 320 (Colo. Ct. App. 2011).
· cites it 2× “§ 18-4-202(1), C.R.9.2010. C. Application To determine whether defendant has committed one offense or multiple offenses, we must determine whether Colorado's first degree burglary statute is primarily intended to protect property interests or persons.”
People v. Mattas, 645 P.2d 254 (Colo. 1982).
· cites it 3× “8) and first-degree burglary, section 18-4-202, C.R.S. 1973 (1978 Repl.”
People v. Simpson, 93 P.3d 551 (Colo. Ct. App. 2004).
· cites it 4× “This instruction mirrors the language of the first degree burglary statute, § 18-4-202(1), C.R.S.2003, and the pattern jury instruction, CJI-Crim.”
People v. Saiz, 620 P.2d 15 (Colo. 1980).
· cites it 6× “8), first-degree burglary, section 18-4-202, C.R.S.1973 (1978 Repl.Vol.”
— Colo. Rev. Stat. § 18-4-202(1) — 52 cases
Howard-Walker v. People, 2019 CO 69 (Colo. 2019).
“Compare § 18-4-202(1), C.R.S. (2018) (defining first degree burglary), with § 18-4-203(1), C.”
Montez v. People, 269 P.3d 1228 (Colo. 2012).
“T 1 In this case, we accepted certiorari on a statutory construction issue involving the first degree burglary statute, section 18-4-202(1), C.R.S. (2011), which incorporates the armed with a deadly weapon definition contained in section 18-1-901(8)(e), CRS.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
“Review of other jurisdictions' burglary statutes confirms this Colorado requirement is atypical.”
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
“§ 18-4-202, 8B C.R.S. (1986). 2 . § 18-4-203, 8B C.”
People v. Fuentes, 258 P.3d 320 (Colo. Ct. App. 2011).
“§ 18-4-202(1), C.R.9.2010. C. Application To determine whether defendant has committed one offense or multiple offenses, we must determine whether Colorado's first degree burglary statute is primarily intended to protect property interests or persons.”
— Colo. Rev. Stat. § 18-4-202(2) — 4 cases
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
“§ 18-4-202, 8B C.R.S. (1986). 2 . § 18-4-203, 8B C.”
v. Gillis, 2020 COA 68 (Colo. Ct. App. 2020).
“¶ 36 As pertinent here, section 18-4-202(1) provides that a conviction for first degree burglary requires proof, among other things, that the defendant (1) knowingly (2) entered unlawfully, or remained unlawfully after a lawful or unlawful entry, (3) in a building or occupied…”
— Colo. Rev. Stat. § 18-4-202(l) — 1 case
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