2024 Colorado Revised Statutes
Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102)
Article 4 - Offenses Against Property (§§ 18-4-101 — 18-4-801)
Part 2 - BURGLARY AND RELATED OFFENSES (§§ 18-4-201 — 18-4-205)
Section 18-4-203 - Second degree burglary

• (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.

• (2)
  • (a) Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.
  • (b) Second degree burglary is a class 3 felony if:
    • (I) It is a burglary of a dwelling;
    • (II) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
    • (III) The objective of the burglary is the theft of one or more firearms or ammunition.
  • (c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
  • (d) Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.

Amended by 2023 Ch. 298,§ 10, eff. 10/1/2023.

Amended by 2021 Ch. 462, § 202, eff. 3/1/2022.

Amended by 2018 Ch. 376, § 1, eff. 6/6/2018.

L. 71: R&RE, p. 427, § 1.C.R.S. 1963:§ 40-4-203. L. 81:(2) amended, p. 974, § 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99:(1) amended, p. 327, § 3, effective July 1. L. 2012:(2)(b) amended,(HB 12-1311), ch. 281, p. 1618, § 41, effective July 1. L. 2018:(2)(a) and (2)(b) amended and (2)(c) added,(HB 18-1077), ch. 376, p. 2280, § 1, effective June 6. L. 2021:(2) amended,(SB 21-271), ch. 462, p. 3176, § 202, effective 3/1/2022. L. 2023:(2)(a) amended and (2)(d) added,(HB 23-1293), ch. 298, p. 1784, § 10, effective October 1.

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.