2021 Colorado Code
Title 18 - Criminal Code
Article 4 - Offenses Against Property
Part 5 - Trespass, Tampering, and Criminal Mischief
§ 18-4-504. Third Degree Criminal Trespass - Repeal
- 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 criminal trespass is a class 1 petty offense, but:
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- It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and (a) (I) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and
- This subsection (2)(a) is repealed, effective March 1, 2022.
- 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.
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(2) [ ] Third degree criminal trespass is a petty offense, but:
Editor's note: This version of the introductory portion to subsection (2) is effective March 1, 2022.History. 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.
Editor's note:
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
ANNOTATIONLaw reviews. For comment, “People v. Emmert: A Step Backward for Recreational Water Use in Colorado”, see 52 U. Colo. L. Rev. 247 (1981). For note, “The Right to Float: The Need for the Colorado Legislature to Clarify River Access Rights”, see 83 U. Colo. L. Rev. 845 (2012).
Public has no right to use of water overlying private lands for recreational purposes without the consent of the owner. People v. Emmert, 198 Colo. 137 , 597 P.2d 1025 (1979).
“Breaking the close” is trespass. Whoever “breaks the close” -- intrudes upon the space above the surface of the land -- without the permission of the owner, whether it be for fishing or for other recreational purposes, such as floating, commits a trespass. People v. Emmert, 198 Colo. 137 , 597 P.2d 1025 (1979).
Proof of dwelling crucial for first degree trespass. The crucial distinction between first degree criminal trespass and second and third degree is that the prosecution must prove the additional element that the property which was unlawfully entered is a dwelling for first degree trespass. People v. Marshall, 196 Colo. 381 , 586 P.2d 41 (1978).
But third degree criminal trespass is not a lesser included offense of attempted first degree criminal trespass. People v. Griffith, 58 P.3d 1111 (Colo. App. 2002).
Officers who enter under a warrant and rightfully seize certain property but wrongfully seize other property are liable as trespassers as to the property wrongfully seized. Walker v. City of Denver, 720 P.2d 619 (Colo. App. 1986).
Applied in People v. Huston, 197 Colo. 125 , 589 P.2d 1367 (1979); People v. Hight, 198 Colo. 299 , 599 P.2d 885 (1979).
