(1) A person commits second degree burglary, if
the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a
lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime
against another person or property.
(2) (a) Second degree burglary is a class 4 felony if the burglary is of an occupied
structure or of a building being used for the operation of a commercial business.
(b) Second degree burglary is a class 3 felony if:
(I) It is a burglary of a dwelling;
(II) The objective of the burglary is the theft of a controlled substance, as defined in
section 18-18-102 (5), lawfully kept within any building or occupied structure; or
(III) The objective of the burglary is the theft of one or more firearms or ammunition.
(c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a
written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a
person from entering a particular retail location during hours which the retail store is open to the
public.
(d) Second degree burglary is a class 5 felony if the burglary is of any other building not
described in subsection (2)(a), (2)(b), or (2)(c) of this section.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-203. L. 81: (2) amended, p. 974,
§ 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99: (1) amended, p.
327, § 3, effective July 1. L. 2012: (2)(b) amended, (HB 12-1311), ch. 281, p. 1618, § 41,
effective July 1. L. 2018: (2)(a) and (2)(b) amended and (2)(c) added, (HB 18-1077), ch. 376, p.
2280, § 1, effective June 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3176, § 202,
effective March 1, 2022. L. 2023: (2)(a) amended and (2)(d) added, (HB 23-1293), ch. 298, p.
1784, § 10, effective October 1.
Notes of Decisions
Cited in
242
cases (
19 in the last 5 years), 1975–2026 · leading case:
v. Tran, 2020 COA 99 (Colo. Ct. App. 2020).
v. Tran, 2020 COA 99 (Colo. Ct. App. 2020).
· cites it 8× “§ 18-4-203(1), C.R.S. 2019. This meant that the prosecution could charge him with second degree burglary, a class 4 felony, instead of just misdemeanor theft.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
· cites it 8× “The People contend that section 16-4-108(1)(c) abrogated any common law bonding agent's privilege in Colorado and that, under the second degree burglary statute, section 18-4-203, C.R.S.2008, Oram could not lawfully enter the residence.”
People v. Quintana, 665 P.2d 605 (Colo. 1983).
· cites it 12× “The defendant, Michael Albert Quintana, appeals his conviction for second degree burglary, section 18-4-203, C.R.S.1973 (1978 Repl.Vol.”
Yates v. People, 2019 CO 90 (Colo. 2019).
· cites it 2× “(2019), or even second degree burglary, which includes unlawfully remaining in a building or occupied structure after a lawful entry with the intent to commit therein a crime against property, see § 18-4-203(1), C.R.S. (2019). 18Attempted burglary, conspiracy to commit burglary,…”
Howard-Walker v. People, 2019 CO 69 (Colo. 2019).
· cites it 2× “(2018) (defining first degree burglary), with § 18-4-203(1), C.R.S. (2018) (defining second degree burglary).”
People v. Constant, 645 P.2d 843 (Colo. 1982).
· cites it 6× “[2] Section 18-4-203, C.R.S.1973 (now in 1978 Repl.”
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
· cites it 6× “§ 18-4-203, 8B C.R.S. (1986). 3 . § 18-3-206, 8B C.”
Maestas v. People, 2019 CO 45 (Colo. 2019).
· cites it 12× “¶9 The jury ultimately convicted Maestas of all three charges against him, and he appealed, arguing, as pertinent here, that under the plain language of the burglary statute, section 18-4-203(1), C.R.S. (2018), the crime of obstructing a peace officer is not sufficient to…”
Cooper v. People, 973 P.2d 1234 (Colo. 1999).
· cites it 14× “Cooper, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of second degree burglary under section 18-4-203, 6 C.R.S. (1998). The statute defines the offense of second degree burglary as an unlawful entry or unlawful presence in an occupied…”
v. Session, 2020 COA 158 (Colo. Ct. App. 2020).
· cites it 2× “” § 18-4-203, C.R.S. 2019. While this crime can, in some cases, be grave or serious, it isn’t always.”
v. Wright, 2021 COA 106 (Colo. Ct. App. 2021).
· cites it 7× “2020, is necessarily a “crime against another person,” and can thus serve as a predicate offense for the crime of burglary under section 18-4-203(1), C.R.S. 2020. In addition, the division concludes that the crime of possession of a weapon by a previous offender is not a per se…”
People v. Gutierrez, 622 P.2d 547 (Colo. 1981).
· cites it 6× “Subsequently, he pled guilty to second-degree burglary, section 18-4-203, C.R.S. 1973 (now in 1978 Repl.”
— Colo. Rev. Stat. § 18-4-203(1) — 71 cases
v. Tran, 2020 COA 99 (Colo. Ct. App. 2020).
“§ 18-4-203(1), C.R.S. 2019. This meant that the prosecution could charge him with second degree burglary, a class 4 felony, instead of just misdemeanor theft.”
Yates v. People, 2019 CO 90 (Colo. 2019).
“(2019), or even second degree burglary, which includes unlawfully remaining in a building or occupied structure after a lawful entry with the intent to commit therein a crime against property, see § 18-4-203(1), C.R.S. (2019). 18Attempted burglary, conspiracy to commit burglary,…”
Howard-Walker v. People, 2019 CO 69 (Colo. 2019).
“(2018) (defining first degree burglary), with § 18-4-203(1), C.R.S. (2018) (defining second degree burglary).”
Maestas v. People, 2019 CO 45 (Colo. 2019).
“¶9 The jury ultimately convicted Maestas of all three charges against him, and he appealed, arguing, as pertinent here, that under the plain language of the burglary statute, section 18-4-203(1), C.R.S. (2018), the crime of obstructing a peace officer is not sufficient to…”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
“The People contend that section 16-4-108(1)(c) abrogated any common law bonding agent's privilege in Colorado and that, under the second degree burglary statute, section 18-4-203, C.R.S.2008, Oram could not lawfully enter the residence.”
— Colo. Rev. Stat. § 18-4-203(2) — 11 cases
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
“§ 18-4-203, 8B C.R.S. (1986). 3 . § 18-3-206, 8B C.”
— Colo. Rev. Stat. § 18-4-203(2)(a) — 16 cases
v. Wright, 2021 COA 106 (Colo. Ct. App. 2021).
“2020, is necessarily a “crime against another person,” and can thus serve as a predicate offense for the crime of burglary under section 18-4-203(1), C.R.S. 2020. In addition, the division concludes that the crime of possession of a weapon by a previous offender is not a per se…”
Armintrout v. People, 864 P.2d 576 (Colo. 1993).
“§ 18-4-203, 8B C.R.S. (1986). 3 . § 18-3-206, 8B C.”
— Colo. Rev. Stat. § 18-4-203(4) — 1 case
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