Colorado Revised Statutes
Colo. Rev. Stat. § 18-4-204 (2026)
Third degree burglary
✓ current as of July 2026
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(1) A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
(2) Third degree burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept in or upon the property burglarized.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-204. L. 81: (2) amended, p. 974, § 10, effective July 1; (2) amended, p. 2031, § 45, effective July 14. L. 2012: (2) amended, (HB 12-1311), ch. 281, p. 1619, § 42, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3176, § 203, effective March 1, 2022.
Notes of Decisions
Cited in 18
cases, 1977–2020 · leading case: Yates v. People, 2019 CO 90 (Colo. 2019).
Yates v. People, 2019 CO 90 (Colo. 2019). “18 17Because the question is not before us, we do not address whether the designation of burglary as a per se grave or serious crime extends to third degree burglary, which includes breaking into a coin vending machine, see § 18-4-204(1), C.R.S. (2019), or even second degree…”
v. Tran, 2020 COA 99 (Colo. Ct. App. 2020). “”) But in Wells-Yates, the supreme court signaled that it was retreating from this, in part: Because the question is not before us, we do not address whether the designation of burglary as a per se grave or serious crime extends to third degree burglary, which includes breaking…”
Winter v. People, 126 P.3d 192 (Colo. 2006). “Winter was charged with one count of third degree burglary, a class five felony under section 18-4-204, C.R.S. (2005), 1 and one count of theft, a class two misdemeanor under section 18-4-401, C.”
in the Interest of S.B, 2020 COA 5 (Colo. Ct. App. 2020). “See § 18-4-204, C.R.S. 2019; Leonard, 149 Colo.”
People v. Nerud, 360 P.3d 201 (Colo. Ct. App. 2015). “Vagueness T5 Nerud contends, as he did in the trial court, that the third degree burglary statute, section 18-4-204(1), C.R.S. 2014, is unconstitutionally vague insofar as it prohibits entering or breaking into "other apparatus or equipment.”
People v. Garcia, 784 P.2d 823 (Colo. Ct. App. 1989). “Defendant was charged with burglary of a money depository in violation of § 18-4-204, C.R.S. (1986 Repl.Vol. 8B), which provides that: “[A] person commits third degree burglary if with the intent to commit a crime he enters or breaks into any vault, safe, cash register, coin…”
People v. Watkins, 613 P.2d 633 (Colo. 1980). “3 Section 18-4-204, C.R.S. 1973 (now in 1978 Repl.”
People v. Stock, 2017 CO 80 (Colo. 2017). “¶ 8 The People charged Stock with third degree burglary in violation of section 18-4-204(1), C.R.S. (2016), and theft of cash with a value of $1,000 or more, but less than $20,000, in violation of section 18-4-401(2)(c), C.”
People v. Tate, 657 P.2d 955 (Colo. 1983). “Section 18-4-204, C.R.S.1973 (1978 Repl.Vol.”
People v. Geyer, 942 P.2d 1297 (Colo. Ct. App. 1997). “*1299 I The third degree burglary statute, § 18-4-204(1), C.R.S. (1986 Repl.Yol. 8B), provides that: A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money…”
People v. Talarico, 560 P.2d 90 (Colo. 1977). “He was charged by the police with violation of section 18-4-204, C.R.S. 1973, burglary, and Denver City Ordinance, sections 845.”
People v. McCormick, 859 P.2d 846 (Colo. 1993). “A few days later, the district attorney filed an information charging Talarico with third-degree burglary, pursuant to section 18-4-204, 8 C.R.S. (1973), and conspiracy, pursuant to section 18-2-201, 8 C.”
— Colo. Rev. Stat. § 18-4-204(1) — 7 cases
Yates v. People, 2019 CO 90 (Colo. 2019). “18 17Because the question is not before us, we do not address whether the designation of burglary as a per se grave or serious crime extends to third degree burglary, which includes breaking into a coin vending machine, see § 18-4-204(1), C.R.S. (2019), or even second degree…”
v. Tran, 2020 COA 99 (Colo. Ct. App. 2020). “”) But in Wells-Yates, the supreme court signaled that it was retreating from this, in part: Because the question is not before us, we do not address whether the designation of burglary as a per se grave or serious crime extends to third degree burglary, which includes breaking…”
Winter v. People, 126 P.3d 192 (Colo. 2006). “Winter was charged with one count of third degree burglary, a class five felony under section 18-4-204, C.R.S. (2005), 1 and one count of theft, a class two misdemeanor under section 18-4-401, C.”
People v. Nerud, 360 P.3d 201 (Colo. Ct. App. 2015). “Vagueness T5 Nerud contends, as he did in the trial court, that the third degree burglary statute, section 18-4-204(1), C.R.S. 2014, is unconstitutionally vague insofar as it prohibits entering or breaking into "other apparatus or equipment.”
People v. Stock, 2017 CO 80 (Colo. 2017). “¶ 8 The People charged Stock with third degree burglary in violation of section 18-4-204(1), C.R.S. (2016), and theft of cash with a value of $1,000 or more, but less than $20,000, in violation of section 18-4-401(2)(c), C.”
— Colo. Rev. Stat. § 18-4-204(2) — 2 cases
People ex rel. Gallagher v. Dist. Court In & For the Eighteenth Jud. Dist., Cnty. of Arapahoe, 632 P.2d 1009 (Colo. 1981).
People Ex Rel. Gallagher v. Dist Court Eighteenth Jud. Dist. Cnty. of Arapahoe, 632 P.2d 1009 (Colo. 1981).
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