In Colorado, you can be charged with criminal trespass if you unlawfully enter or remain on someone else’s property. The penalties range from as little as a fine and probation to as much as three (3) years in prison and a $100,000 fine.

In Colorado, trespass can be in the

• first-degree trespassing (CRS 18-4-502)
• second-degree trespassing (CRS 18-4-503) or
• third-degree trespassing (CRS 18-4-504)

The degree of trespass that gets charged will depend on:

• The type of property involved, and
• Your reason for entering or remaining on the property.

Trespass is more serious if the property is someone’s home or is agricultural land, such as a ranch or farm.

To help you better understand the law, our Denver Colorado criminal defense lawyers discuss the following:

• 1. What is criminal trespassing in Colorado?
• 2. Colorado trespassing penalties
• 3. Defenses to Colorado trespassing charges
• 4. Trespass and domestic violence
• 5. Trespass as a plea bargain to burglary charges
• 6. Effects of a trespassing conviction on immigration status

1. What is criminal trespass in Colorado?

First-degree trespass

18-4-502 C.R.S. provides:

A person commits the crime of first-degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.

The keys to first-degree trespass are:

• The property is someone’s home, or
• The property is someone’s motor vehicle and you are entering it to commit a crime (such as auto theft).

Because these are places in which people are likely to be present, this is the most serious form of trespassing.

Note that the vehicle does not need to be locked for you to be charged with first-degree trespass. Even entering the open bed of a pick-up truck is enough if your intent is to commit a crime in the vehicle.

Example: While her UPS driver is delivering packages in the building, Allie climbs into the back of the truck, intending to steal some packages. Because she enters the vehicle intending to commit a crime (theft), she is guilty of first-degree trespass.

Second-degree trespass

18-4-503 (1) C.R.S. provides:

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.

Second-degree trespass differs from first-degree trespassing in that the property does not need to be someone’s home. It also applies to motor vehicles you enter if you do not intend to commit a crime therein.

Example: On a cold winter night, Bob, a homeless man, sees an unlocked car. He climbs into the back to stay warm. Because he had no intention of committing a crime inside the car, he is guilty of second-degree trespass.

Third-degree trespass

18-4-504 (1) C.R.S. provides:

A person commits the crime of third-degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

Third-degree trespass is usually charged when the property is not a dwelling and is not fenced or enclosed to keep intruders out.

Example: Carol is out hiking a public trail one day when she decides to take a shortcut across someone’s field. Although there is a “private property” sign nailed to a tree, there is no fence around the property. Carol is guilty solely of third-degree trespass.

2. Colorado trespassing penalties

First-degree trespass

First-degree trespass is typically a class 1 misdemeanor carrying up to 364 days in jail and/or up to $1,000 in fines. Though trespassing on an inhabited or occupied dwelling is a class 6 felony, punishable by:

• 1 – 18 months years in prison (and 1 year of mandatory parole), and/or
• $1,000 – $100,000.¹

Second-degree trespass

Knowingly and unlawfully entering or remaining in a motor vehicle of another is a class 2 misdemeanor, carrying:

• Up to 120 days in jail, and/or
• Up to $750 in fines.

Trespassing on premises classified as agricultural land with the intent to commit a felony thereon is a class 5 felony, carrying:

• 1-3 years in prison, and/or
• A fine of $1,000-$100,000.

Otherwise, second-degree trespass is prosecuted as a petty offense, carrying:

• Up to 10 days in jail, and/or
• Up to $300 in fines.²

Third-degree trespass

Third-degree criminal trespass is usually a petty offense under 18-4-502 C.R.S. Consequences of trespass as a petty offense can include:

• up to 10 days in jail; and/or
• a fine of up to $300.

If you trespass on Colorado agricultural land with the intent to commit a felony, it is a class 5 felony. Penalties for trespassing on agricultural land with the intent to commit a felony can include:

• 1-3 years in prison, and/or
• A fine of $1,000-$100,000.

However, if the agricultural land had no fence securing the perimeter, then trespass is a class 6 felony, carrying:

• 1-1.5 years in prison; and/or
• a fine of $1,000-$100,000.³

3. Defenses to Colorado trespassing charges

• You had the property owner’s consent to be on the property.
• You were lawfully on the property.
• You did not know you were entering private property.
• You did not know you were entering agricultural land.
• You did not intend to commit a crime on the property.
• The premises do not qualify as a dwelling.

4. Trespass and domestic violence

Trespassing is often charged along with domestic violence. Suppose you unlawfully enter the home or workplace of a current or former intimate partner and are charged with trespass and domestic violence. In that case, you will be hit with a mandatory restraining order.

It is imperative, therefore, that you retain the best Colorado domestic violence lawyer you can as soon as you have been charged with domestic violence. We may be able to negotiate with the prosecutor to get the domestic violence charges dropped so that you do not lose your freedom.

For more information on this topic, please see our article on Colorado domestic violence.

5. Trespass as a plea bargain to burglary charges

Trespassing has certain elements in common with Colorado burglary laws. Both involved knowingly and unlawfully entering or remaining on someone else’s property.

Burglary is a more serious crime. However, burglary always requires proof of intent to commit a crime, and intent can be hard to prove.

In a borderline case, an experienced Colorado criminal lawyer may be able to get the prosecutor to accept a plea bargain to trespass charges, rather than burglary. This has several benefits:

• Trespassing carries less of a social stigma than burglary.
• Trespassing is less likely to be punished as a felony.
• Sentences are generally shorter for trespassing than for burglary.

6. Effects of a trespassing conviction on immigration status

If you are not a U.S. citizen, you must be careful when considering a plea bargain that includes Colorado criminal trespass.

Under certain circumstances, trespass can constitute a crime involving moral turpitude. Such circumstances include entering someone’s property with the intent to commit a crime.

However, not all criminal trespasses are crimes of moral turpitude. A skilled lawyer who understands Colorado criminal law and immigration consequences can make sure you don’t inadvertently plead to the wrong form of trespass.⁴ Learn more about defending immigrants in Colorado.

Colorado Legal Defense Group
4047 Tejon Street
Denver CO 80211
(303) 222-0330