CRS Flashcards
CRS for burglary
Colorado Revised Statutes § 18-4-202: Burglary
Definition Of Burglary
Under this statute, burglary is defined as entering or remaining in a building or occupied structure unlawfully with the intent to commit a crime therein.
1st Degree Burglary
Involves entering a building with the intent to commit a crime, and if during the commission of the offense, the person:
Is armed with explosives, a deadly weapon, or an imitation of a deadly weapon; or
Conflicts or threatens to conflict bodily injury upon any person.
This offense is considered a class 3 felony.
2nd Degree Burglary
Second-degree burglary:
Involves entering a building with the intent to commit a crime therein.
This offense is considered a class 4 felony.
3rd Degree Burglary
with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
class 2 misdemeanor
CRS for Trespassing
18-4-502: Criminal Trespass
Definition of Trespassing
Criminal trespass in Colorado involves knowingly and unlawfully entering or remaining in or upon the premises of another person or property without permission or legal authority.
1st degree criminal trespass
Involves knowingly and unlawfully entering or remaining in a dwelling or certain enclosed premises where a person is likely to be present.
This is classified as a class 5 felony in Colorado.
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).
2nd degree criminal trespass
Involves knowingly and unlawfully entering or remaining in the real property (land, structures, etc.) of another person.
This is classified as a class 3 misdemeanor in Colorado.
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.
3rd degree criminal trespass
Involves knowingly and unlawfully entering or remaining in a motor vehicle of another.
This is considered a class 1 petty offense in Colorado.
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.