Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-4-504 (2026)

Third degree criminal trespass

✓ current as of July 2026
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(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2) Third degree criminal trespass is a petty offense, but:

(a) Repealed.

(b) It is a class 5 felony if the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon; except that it is a class 6 felony if the agricultural land did not have a fence securing the perimeter.

Source: L. 71: R&RE, p. 431, § 1. C.R.S. 1963: § 40-4-504. L. 83: Entire section amended, p. 666, § 9, effective July 1. L. 84: (2)(a) amended, p. 1119, § 15, effective June 7. L. 89: (2)(b) amended, p. 834, § 48, effective July 1. L. 93: (1) amended, p. 1732, § 19, effective July 1. L. 2021: IP(2) amended, (SB 21-271), ch. 462, p. 3179, § 213, effective March 1, 2022;

(2)(a)(II) added by revision, (SB 21-271), ch. 462, pp. 3179, 3331, §§ 213, 803. L. 2023: (2)(b) amended, (HB 23-1293), ch. 298, p. 1785 , § 15, effective October 1.

Editor's note: Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective March 1, 2022. (See L. 2021, pp. 3179, 3331.)

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1978–2026 · leading case: People v. McNeese, 892 P.2d 304 (Colo. 1995).
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People v. McNeese, 892 P.2d 304 (Colo. 1995). · cites it 8× “" § 18-4-504, 8B C.R.S. (1986) (emphasis added).”
People v. Emmert, 597 P.2d 1025 (Colo. 1979). · cites it 6× “The defendants-appellants were convicted of third-degree criminal trespass in violation of section 18-4-504, C.R.S. 1973. The validity of the conviction depends upon our determination of the following question: Did the defendants have a right under section 5 of Article XVI of…”
People v. Marshall, 586 P.2d 41 (Colo. 1978). · cites it 3× “” Section 18-4-504, C.R.S. 1973. Section 18-l-901(3)(g), C.”
People v. Martinez, 378 P.3d 761 (Colo. Ct. App. 2015). · cites it 2× “A Class 1 petty offense under § 18-4-504(1), C.R.S.2014. , A Class 2 misdemeanor under § 18-4-501, C.”
People v. Cao Tri Nguyen, 899 P.2d 352 (Colo. Ct. App. 1995). · cites it 3× “Section 18-4-504, C.R.S. (1986 Repl.Vol. 8B).”
People v. Rodriguez, 43 P.3d 641 (Colo. Ct. App. 2001). · cites it 2× “2000 (see-ond degree criminal trespass); § 18-4-504, C.R.S$.2000 (third degree criminal trespass).”
People v. Griffith, 58 P.3d 1111 (Colo. Ct. App. 2002). “In contrast, as § 18-4-504 makes clear, unlawful entry upon the premises is a necessary element of the completed offense of third degree criminal trespass.”
People v. Martin, 338 P.3d 1106 (Colo. Ct. App. 2014). · cites it 2× “2d at 1849 ; § 18-4-504(1), C.R.S. 2013 ("A person commits the crimé of third degree criminal trespass if such person unlawfully .”
People in Interest of JJC, 854 P.2d 801 (Colo. 1993). · cites it 2× “was charged under a delinquency petition with having committed acts that, if committed by an adult, would constitute the following three offenses: third-degree criminal trespass in violation of section 18-4-504, 8B C.R.S. (1986), a class one petty offense; disorderly conduct in…”
Perry v. State of Colorado, The (D. Colo. 2023). · cites it 10× “5 In relevant part, Colo. Rev. Stat. § 18-4-504 provided at the time of the alleged underlying offenses: “(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.”
Woodrow v. Wildlife Comm'n, 206 P.3d 835 (Colo. Ct. App. 2009). · cites it 3× “Ultimately, each plaintiff pleaded guilty to a reduced charge of criminal trespass in violation of section 18-4-504(1), C.R.S.2008, and the original charges were dismissed.”
In Re The People of the State of Colorado by & through the People of the City of Westminster v. Aleah Michelle Camp. In Re The People of the State of Colorado by & through the City of Aurora v. Danielle Ashley Simons., 2025 CO 64 (Colo. 2025). · cites it 5× “ehicle Trespass: Aurora City Code Second Degree Criminal Trespass: State Statute Knowingly Knowingly And unlawfully And unlawfully Enters or remains in a motor vehicle of another Enters or remains in a motor vehicle of another ¶16 Simons also notes that trespass under section…”
Show all 20 citing cases →
— Colo. Rev. Stat. § 18-4-504(1) — 8 cases
People v. McNeese, 892 P.2d 304 (Colo. 1995). “" § 18-4-504, 8B C.R.S. (1986) (emphasis added).”
People v. Martinez, 378 P.3d 761 (Colo. Ct. App. 2015). “A Class 1 petty offense under § 18-4-504(1), C.R.S.2014. , A Class 2 misdemeanor under § 18-4-501, C.”
People v. Martin, 338 P.3d 1106 (Colo. Ct. App. 2014). “2d at 1849 ; § 18-4-504(1), C.R.S. 2013 ("A person commits the crimé of third degree criminal trespass if such person unlawfully .”
Woodrow v. Wildlife Comm'n, 206 P.3d 835 (Colo. Ct. App. 2009). “Ultimately, each plaintiff pleaded guilty to a reduced charge of criminal trespass in violation of section 18-4-504(1), C.R.S.2008, and the original charges were dismissed.”
Peo v. Banks (Colo. Ct. App. 2026).
— Colo. Rev. Stat. § 18-4-504(2) — 1 case
In Re The People of the State of Colorado by & through the People of the City of Westminster v. Aleah Michelle Camp. In Re The People of the State of Colorado by & through the City of Aurora v. Danielle Ashley Simons., 2025 CO 64 (Colo. 2025). “ehicle Trespass: Aurora City Code Second Degree Criminal Trespass: State Statute Knowingly Knowingly And unlawfully And unlawfully Enters or remains in a motor vehicle of another Enters or remains in a motor vehicle of another ¶16 Simons also notes that trespass under section…”
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