In Colorado, second-degree burglary is defined as unlawfully entering or remaining in a building or residence intending to commit a crime inside. Under CRS § 18-4-203, this offense can be a felony or a misdemeanor, depending on the facts of the case.
Section 18-4-203 states that:
(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
Colorado law divides burglary into three degrees (from most serious to least serious):
| Burglary crime in Colorado | Penalties (generally) |
| First-degree burglary (CRS 18-4-202) | Class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 |
| Second-degree burglary (CRS 18-4-203) | Burglary of a dwelling Class 3 felony: 4 to 12 years in prison and/or $3,000 to $750,000 |
| An occupied structure or of commercial building Class 4 felony: 2 to 6 years in prison and/or $2,000 to $500,000 | |
| Burglary of other buildings Class 5 felony: 1 to 3 years in prison and/or $1,000 to $100,000 | |
| Third-degree burglary (CRS 18-4-204) | Class 2 misdemeanor: Up to 120 days in jail and/or up to $750. |
Below, our Denver, Colorado criminal defense lawyers discuss the following frequently asked questions about second-degree burglary for Colorado residents:
- 1. What is second-degree burglary under CRS 18-4-203?
- 2. What is burglary?
- 3. What is a “building” or “structure”?
- 4. What are the penalties for this offense?
- 5. What defenses can I raise in my case?
Second-degree burglary is not the most serious form of the offense, but serious felony penalties will still result from a conviction.
1. What is second-degree burglary under CRS 18-4-203?
Second-degree burglary under CRS 18-4-203 is a serious felony offense.
Second-degree burglary is committed when you:
- knowingly break an entrance into;
- enter unlawfully in; or
- remain unlawfully after a lawful or unlawful entry in
a building or occupied structure with the intent to commit a crime against another person or property.4
You can be convicted of this crime for remaining in a building, even if you originally had permission to be there.
Example: Alice enters a Kohl’s department store during normal hours but does so with the intent to hide in the bathroom until the store closes so she can steal from the company. Even though she was originally allowed in the building (as a customer) her choice to remain was unlawful.
2. What is burglary?
Burglary in Colorado is separated into three elements:
- you knowingly
- enter or unlawfully remain on another person’s property
- with the intent to commit any crime (other than trespass) while on the property.1
What does “knowingly” mean?
You commit an offense knowingly if you:
- conduct yourself in a way or under a circumstance prohibited by a Colorado burglary law, or
- are aware that the conduct is practically certain to cause a result prohibited by the law.2
You must commit each element of the offense knowingly in order to be guilty of the crime.
Do I have to “break in” to enter or unlawfully remain?
No. While many people imagine a break-in late at night as a burglary, it is not necessary. You could simply walk right through the front door without permission in order to commit a crime.3
Example: Carol enters into the back office of a car dealership without permission with the intent to destroy the dealerships computer system. (She wants revenge after feeling ripped off by the car she was sold). The office door was unlocked, so Carol did not have to “break in.” However, she entered unlawfully with the intent to commit a crime and can be found guilty of a burglary charge.
Do I have to already have the intent to commit a crime?
Yes. It is not enough that you form the intent to commit the crime after entering the premises. If the intent was formed to commit the crime after you entered, you are not guilty of burglary.
3. What is a “building” or “structure”?
Under Colorado law, a structure is a building if it:
- offers protection against the elements
- even if the roof and/or walls are in disrepair.
The building does not have to be occupied for this charge to attach. If you enter or remain unlawfully in the building intending to commit a crime, you can be charged with burglary.
What is a dwelling?
If the structure is a dwelling, the penalties for the offense can be more severe. Examples of dwellings include, but are not limited to:
- a house,
- an apartment,
- a garage attached to a home,5
- a trailer home,
- a jail cell6, or
- a condo.
Any part of a building can be a dwelling if it is part of someone’s residence or lodgings.
Example: Kim picks the lock of the front door of Jimmy’s apartment with the intent to rob him of his new flatscreen TV. She gets in, steals the TV, and leaves. Kim broke into Jimmy’s dwelling. As a result, Kim will be charged with a higher level of the offense than if she had broken into a building that was not a dwelling.
4. What are the penalties for this offense?
Burglary of a dwelling is a class 3 felony in Colorado, punishable by
- 4-12 years in prison (with 5 years mandatory parole); and/or
- a fine of $3,000-$750,000.
These same penalties also apply if the objective of the burglary is theft of either:
- a controlled substance lawfully kept within any building or occupied structure; or
- one or more firearms of ammunition.
Burglary of an occupied structure or of commercial building is a class 4 felony carrying:
- 2-6 years in prison (with 3 years mandatory parole); and/or
- a fine of $2,000-$500,000.
Burglary is a class 2 misdemeanor if you knowingly violate a written notice by a retailer – or a court order – specifically restraining you from entering a particular retail location during hours when the retail store is open to the public. In this case, the penalties include
- up to 120 days in jail and/or
- up to $750 in fines.
Burglary of a building in other cases is a class 5 felony carrying:
- 1-3 years in prison with 2 years mandatory parole); and/or
- a fine of $1,000 to $100,000.7
5. What defenses can I raise in my case?
To defend a case against second-degree burglary, you can raise defenses including but not limited to:
- you were lawfully on the property;
- you did not know you were unlawfully on the property;
- the building was not a dwelling (to avoid the higher charge);
- intent to commit the crime was not formed until after you were already on the premises; or
- police misconduct occurred during the case.
Never assume that just because you are charged with a crime, you will necessarily be found guilty. Defenses can often protect your freedoms and keep you out of prison.
Legal References:
- CRS 18-4-203 (Second-degree burglary). See also People v. Wright, 2021 COA 106. HB 23-1293.
- See CRS 18-1-501(6).
- Armintrout v. People (1993) 864 P.2d 576.
- CRS 18-4-203 (Second-degree burglary).
- People v. Jiminez (1982) 651 P.2d 395.
- People v. Nichols (1996) 920 P.2d 901, rehearing denied.
- CRS 18-4-203. Prior to March 1, 2022, second-degree burglary could never be a misdemeanor. SB21-271.