Fort Collins 1st Degree Trespassing Attorney | Real Estate Agent Uses House for Sex

A realtor was charged with 1st Degree Trespassing after bringing a man into an empty house she just sold to have sex. Read more about this story here.
A realtor was charged with 1st Degree Trespassing after bringing a man into an empty house she just sold to have sex. Read more about this story here.
Image Source: Pixabay-paulbr75

I’m sure there are many perks to being a real estate agent or realtor. While I am not familiar with all the perks involved in the job, I’m pretty sure using other people’s houses to have sex in is not one of them. Yet, that’s exactly what one real estate agent is being accused of after the police were called to a house that had recently sold. According to the news report, the woman was the agent associated with the house and had just helped facilitate the home’s sale. The next door neighbor saw a man and woman enter the home in the early morning hours and saw a flashlight moving around the home. Upon the arrival of the police, the man and woman were found on the floor of one of the rooms. They had attempted to hide, but then told police they were the married couple who had just purchased the house.  She could not provide the proof to back up her story and ended up admitting that she was not allowed to be there. Both the agent and her male friend were arrested and charged with 1st Degree Criminal Trespass.

Larimer County First Degree Trespass Lawyer: What is the Definition of 1st Degree Trespassing?

The Colorado law definition of First Degree Criminal Trespass – C.R.S. 18-4-502 – is:

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.

Even if a house is temporarily empty, it is still considered a residence. Technically, the house did belong to the new owners, as they had just closed on it that same day, so the pair were in the dwelling of another without permission and therefore, charged with the Trespassing crime.

Fort Collins Trespass Attorney: What is the Sentence / Punishment for First Degree Criminal Trespass?

As a class 5 felony in Larimer, Boulder, and Grand County, 1st Degree Trespassing is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. Seems extreme for something of this nature, where the house was not actually occupied but the law doesn’t leave room for exceptions of any nature. Hopefully the couple will get an experienced Trespassing defense attorney who can help them avoid prison time.

If you or someone you love has been charged with or arrested for First Degree Trespassing in Fort Collins, Loveland, or Estes Park, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.