Fort Collins 3rd Degree Criminal Trespass Attorney
No Mask = Trespassing?

A Colorado town made signs stating no mask = trespassing. Read more about this issue here and whether not wearing a mask could get you charged with trespassing.

Trespass is charged in Fort Collins and Larimer County when a person enters or remains somewhere they are not legally allowed to be. I was recently in Georgetown, Colorado for some holiday fun and noticed a sign on the visitor’s center doors. It read: “IF YOU AREN’T WEARING A MASK, YOU ARE TRESPASSING.” Now, that definitely made me stop, because those two things don’t seem to be related. But, are they? Let’s take a closer look at this issue.

Larimer County Third Degree Trespassing for No Mask: Definition of Third Degree Trespass in Colorado

The Larimer County, Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:

A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

So, the Georgetown Visitor’s Center is owned by the Georgetown Chamber of Commerce. This means it is the premises of another. The issue comes down to what rules are set. For example, if someone is in your home and you decide they need to leave, then you have every right to tell them to go. If they refuse, then they are officially trespassing. The minute they are no longer welcome, then they are unlawfully remaining on your property. If a restaurant or bar only wants to serve patrons wearing red shirts, then they have the right to make that rule. If you walk into the bar in a blue shirt, then technically you are not following the rules and can be asked to leave as you are considered to be trespassing. So, by wearing no mask, you can be considered a trespasser.

Sentence for Trespassing in the Third Degree in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, 3rd Degree Trespassing is a class 1 petty offense. This level offense is punishable by up to 6 months in the Larimer County Jail and up to $500 in fines. Third Degree Trespass can also be charged as a class 5 felony, but only if the premises is classified as agricultural land and the person trespasses with the intent to commit a felony on the land.


If you or someone you love has been charged with Trespassing, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.

Photo by Ketut Subiyanto from Pexels