Third Degree Trespass is charged in Fort Collins and Larimer County when a person unlawfully enters or remains on someone else’s property. But what happens when that property is a public place – like a public school? Well, I guess you can still get arrested because that’s exactly what happened to a teenager recently. According to the report, the 18-year-old was a former student at the high school and a school resource officer recognized him in the hall one day. When asked what he was doing, he said he was there to fix a laptop. He was searched and was not found to have anything dangerous, yet was still arrested and charged with Trespassing. Either we are missing some details or it was a slow day for law enforcement because that seems ridiculous. Maybe he had been previously suspended or expelled and told not to be on school grounds? But, either way, it didn’t seem that he had nefarious intent. I guess we are now to the point where we arrest kids for going to school?
Larimer County Third Degree Trespass: Definition of 3rd Degree Criminal Trespassing in Colorado
The Larimer County, Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
The key here is ‘unlawfully.’ If you are told to leave and then remain on the premises, it becomes unlawful. Or, if you are explicitly told not to be on the property and then you return, it is unlawful. So, the former student must have been told not to come back to school in order to be charged with Trespassing.
Sentence for School Third Degree Criminal Trespass in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, 3rd Degree Trespassing is a class 1 petty offense. It can, however, be charged as a misdemeanor or even felony if agricultural land is involved. The petty offense is punishable by up to 6 months in the Larimer County Jail.
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 a free initial consultation. Together, we can protect your future.
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