(1) A person commits the crime of second degree criminal trespass if such person:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
(2) (a) Second degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this section is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
(b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor.
(3) Repealed.
Source: L. 71: R&RE, p. 431, § 1. C.R.S. 1963: § 40-4-503. L. 81: Entire section amended, p. 990, § 1, effective June 4. L. 83: Entire section amended, p. 666, § 8, effective July 1. L. 84: (2)(a) amended, p. 1119, § 14, effective June 7. L. 93: (1) amended, p. 1732, § 18, effective July 1. L. 94: (1) amended, p. 1718, § 11, effective July 1. L. 2002: (1) amended, p. 1582, § 11, effective July 1. L. 2003: (3) added, p. 1846, § 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3178, § 212, effective March 1, 2022; (3)(b) added on revision, (HB 21-1314), ch. 460, pp. 3099, 3104, §§ 10, 22. L. 2023: (2)(a) amended, (HB 23- 1293), ch. 298, p. 1785, § 14, effective October 1.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective January 1, 2022. (See L. 2021, pp. 3099, 3104.)
Notes of Decisions
Cited in
26
cases (
4 in the last 5 years), 1977–2026 · leading case:
Bollier v. People, 635 P.2d 543 (Colo. 1981).
Bollier v. People, 635 P.2d 543 (Colo. 1981).
· cites it 20× “Petitioner was charged with second-degree criminal trespass, section 18-4-503, C.R.S.1973 (1978 Repl. Vol.”
People v. McNeese, 892 P.2d 304 (Colo. 1995).
· cites it 12× “1981) (construing section 18-4-503 "as having an implied mental state of `knowingly' ").”
People v. Rock, 2017 CO 84 (Colo. 2017).
· cites it 2× “” § 18-4-503(l)(a), C.R.S. (2017); Bollier v.”
People v. Smith, 638 P.2d 1 (Colo. 1981).
· cites it 3× “8), and second-degree criminal trespass, section 18-4-503, C.R.S.1973 (1978 Repl. Vol.”
The People of the State of Colorado v. Patrick Rau., 2022 CO 3 (Colo. 2022).
· cites it 3× “) But under section 18-4-503(1)(b), C.R.S. (2021), a person commits second degree criminal trespass, a class 3 misdemeanor, if such person "[k]nowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building.”
v. Gillis, 2020 COA 68 (Colo. Ct. App. 2020).
· cites it 2× “3d at 479 (quoting § 18-4-503(1)(a), C.R.S. 2019); see § 18-4-504.”
People v. Romero, 694 P.2d 1256 (Colo. 1985).
· cites it 2× “Although second and third degree criminal trespass, both of which involve the unlawful entry or remaining in or upon the premises of another, §§ 18-4-503 and -504, 8 C.R.S. (1984 Supp.”
People v. Marshall, 586 P.2d 41 (Colo. 1978).
· cites it 3× “” Section 18-4-503, C.R.S. 1973. “Third degree criminal trespass.”
People v. Allen, 843 P.2d 97 (Colo. Ct. App. 1993).
· cites it 6× “Section 18-4-503(1), C.R.S. (1986 Repl.Vol.”
People v. Emmert, 597 P.2d 1025 (Colo. 1979).
“5, which provides: “As used in sections 18-4-503 and 18-4-504, ‘premises’ means real property, buildings, and other improvements thereon, and the stream banks and beds of any non-navigable fresh water streams flowing through such real property.”
People v. MacBlane, 952 P.2d 824 (Colo. Ct. App. 1997).
· cites it 3× “” Section 18-4-503, C.R.S. (1996 Cum.Supp.) (emphasis supplied).”
People v. Walters, 568 P.2d 61 (Colo. Ct. App. 1977).
· cites it 2× “Compare § 18-4-502, with § 18-4-503, C.R.S. 1973. We therefore conclude that the legislature intended to include tractor-trailer units as "motor vehicles" for the purpose of criminal trespass.”
— Colo. Rev. Stat. § 18-4-503(1) — 2 cases
People v. McNeese, 892 P.2d 304 (Colo. 1995).
“1981) (construing section 18-4-503 "as having an implied mental state of `knowingly' ").”
People v. Allen, 843 P.2d 97 (Colo. Ct. App. 1993).
“Section 18-4-503(1), C.R.S. (1986 Repl.Vol.”
— Colo. Rev. Stat. § 18-4-503(1)(a) — 4 cases
v. Gillis, 2020 COA 68 (Colo. Ct. App. 2020).
“3d at 479 (quoting § 18-4-503(1)(a), C.R.S. 2019); see § 18-4-504.”
— Colo. Rev. Stat. § 18-4-503(1)(b) — 1 case
The People of the State of Colorado v. Patrick Rau., 2022 CO 3 (Colo. 2022).
“) But under section 18-4-503(1)(b), C.R.S. (2021), a person commits second degree criminal trespass, a class 3 misdemeanor, if such person "[k]nowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building.”
— Colo. Rev. Stat. § 18-4-503(1)(c) — 3 cases
— Colo. Rev. Stat. § 18-4-503(2)(b) — 1 case
— Colo. Rev. Stat. § 18-4-503(l)(a) — 1 case
People v. Rock, 2017 CO 84 (Colo. 2017).
“” § 18-4-503(l)(a), C.R.S. (2017); Bollier v.”
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