(1) A person commits the crime of first degree criminal trespass if such person:
(a) Knowingly and unlawfully enters or remains in a dwelling of another; or
(b) Enters any motor vehicle with intent to commit a crime therein.
(2) (a) First degree criminal trespass committed pursuant to subsection (1)(a) of this section is a class 1 misdemeanor, but it is a class 6 felony if the dwelling is inhabited or occupied.
(b) First degree criminal trespass committed pursuant to subsection (1)(b) of this section is a class 1 misdemeanor. Source: L. 71: R&RE, p. 431, § 1. C.R.S. 1963: § 40-4-502. L. 77: Entire section amended, p. 963, § 26, effective July 1. L. 92: Entire section amended, p. 404, § 16, effective June 3. L. 93: Entire section amended, p. 1732, § 17, effective July 1. L. 98: Entire section amended, p. 1443, § 31, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3178, § 211, effective March 1, 2022.
Notes of Decisions
Cited in
87
cases (
15 in the last 5 years), 1975–2026 · leading case:
People v. Norman, 703 P.2d 1261 (Colo. 1985).
People v. Norman, 703 P.2d 1261 (Colo. 1985).
· cites it 10× “Section 18-4-502, 8 C.R.S. (1978), provides in pertinent part that a person commits the crime of first degree criminal trespass "if he knowingly and unlawfully enters or remains in a dwelling.”
People v. Wentling, 2015 COA 172 (Colo. Ct. App. 2015).
· cites it 29× “Section 18-4-502, C.R.S. 2015, which defines the offense of first degree criminal trespass, requires proof of none of those things.”
People v. Williams, 984 P.2d 56 (Colo. 1999).
· cites it 17× “The Form/Substance Distinction The first degree criminal trespass statute, section 18-4-502, 8B C.R.S. (1986 & 1993 Supp.”
Close v. People, 180 P.3d 1015 (Colo. 2008).
· cites it 6× “(1986); first degree criminal trespass, under section 18-4-502, C.R.S. (1986); theft, under section 18-4-401, C.”
People v. McNeese, 892 P.2d 304 (Colo. 1995).
· cites it 6× “See § 18-4-502, 8B C.R.S. (1994 Supp.) ("A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another.”
People v. Schreyer, 640 P.2d 1147 (Colo. 1982).
· cites it 6× “[2] Section 18-4-502, C.R.S.1973 (1978 Repl. Vol.”
Bollier v. People, 635 P.2d 543 (Colo. 1981).
· cites it 6× “The petitioner next contends that the definitions of first- and second-degree trespass overlap and that in certain situations the district attorney can charge a violator under either statute in his discretion.”
Raile v. People, 148 P.3d 126 (Colo. 2006).
· cites it 4× “” § 18-4-502, C.R.S. (2006). 15 .The prosecution responded to Raile’s defense that he was invited inside the trailer with two arguments: first, Raile's wife did not invite Raile over, contrary to her testimony at trial; and second, the restraining order made Raile's entry…”
v. Gillis, 2020 COA 68 (Colo. Ct. App. 2020).
· cites it 3× “Section 18-4-502, C.R.S. 2019, similarly provides that a conviction for first degree criminal trespass requires proof that the defendant (1) knowingly and (2) unlawfully (3) entered or remained in a dwelling of another.”
People v. Walden, 224 P.3d 369 (Colo. Ct. App. 2009).
· cites it 4× “2008; first degree eriminal trespass under section 18-4-502, C.R.8.2008; and harassment under section 18-9-111(1)(a), C.”
People v. Rodriguez, 43 P.3d 641 (Colo. Ct. App. 2001).
· cites it 9× “Section 18-4-502, C.R.8.2000. The information in this case alleged that defendant "did unlawfully, feloniously, and knowingly enter and remain in the dwelling of [the victim].”
People v. Johnson, 906 P.2d 122 (Colo. 1995).
· cites it 5× “(1986), and two counts of first degree criminal trespass, pursuant to section 18-4-502, 8B C.R.S. (1995 Supp.).”
— Colo. Rev. Stat. § 18-4-502(1) — 1 case
— Colo. Rev. Stat. § 18-4-502(1)(a) — 7 cases
— Colo. Rev. Stat. § 18-4-502(2)(a) — 1 case
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