Trespassing is charged in Fort Collins and Larimer County when a person is accused of unlawfully entering somewhere. The various levels of Trespass (First Degree Criminal Trespass, Second Degree Criminal Trespass and Third Degree Criminal Trespass) are charged depending on where the trespassing occurred and sometimes the intent behind the trespass. Let’s take a closer look at each degree of Trespass in Colorado to learn more.
First Degree Criminal Trespass in Larimer County: Definition of 1st Degree Trespassing
The Larimer County, Colorado law definition of First Degree Criminal Trespass – C.R.S. 18-4-502 – is:
(a) Knowingly and unlawfully enters or remains in a dwelling of another; or
(b) Enters any motor vehicle with intent to commit a crime therein.
In order to be charged with 1st Degree Trespassing, you must either trespass in a house, or trespass in a vehicle with the specific intent to commit any other crime while in the vehicle. First Degree Trespass is charged as follows:
(b) First degree criminal trespass committed pursuant to subsection (1)(b) of this section is a class 1 misdemeanor.
It’s likely that if you are charged under subsection (b), then you will also face charges for the other crime committed while in the vehicle, like Theft.
Definition of Second Degree Trespass: What is 2nd Degree Criminal Trespassing in Fort Collins?
The Fort Collins, Larimer County, Colorado law definition of Second Degree Criminal Trespass – C.R.S. 18-4-503 – is:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
Whereas First Degree Trespass was of a dwelling, Second Degree is of a premises, only if the premises is fenced in or enclosed in some way. This might mean a fenced off yard or outer building like a barn or detached garage. Similarly, trespassing in a vehicle is charged as Second Degree Trespass when no other crime is committed or there is no intent to commit another crime. Then, 2nd Degree Criminal Trespassing is also charged if you decide you don’t want to leave a hotel or apartment lobby after being asked to leave. Second Degree Trespass is charged as follows:
(b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor.
Interestingly, Trespassing in someone’s home is a class 6 felony (1st Degree Trespass), but Trespassing on someone’s agricultural land is a class 4 felony (2nd Degree Trespass).
Third Degree Trespassing Lawyer: Definition of 3rd Degree Criminal Trespass in Colorado
The Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
Basically, this one covers trespassing anywhere that doesn’t fall into any of the categories above. It is charged as follows:
(b) 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.
Again, the agricultural land piece is quite the aggravator – making it a more serious crime than entering someone’s home unlawfully.
Examples of 1st, 2nd, and 3rd Degree Trespassing in Loveland and Estes Park
1st Degree Trespassing in Loveland Example:
You are at your girlfriend’s home and you get in an argument. She tells you to leave and you refuse, wanting to work through the disagreement. She calls the police and you are charged with First Degree Criminal Trespass for unlawfully remaining in a dwelling.
2nd Degree Criminal Trespass in Estes Park Example:
You are walking around Estes Park and see some pretty flowers that you want to take a picture of to post on Instagram. The are on the other side of a fence, so you climb the fence, take the picture and leave. As you are climbing back over the fence, the police approach you and inform you that you are trespassing and you get charged with Second Degree Trespassing.
3rd Degree Criminal Trespassing in Larimer County Example:
You are walking on a trail behind a neighborhood and you decide to go off path and get a little turned around, ending up in someone’s backyard. It is not fenced in, but clearly a yard and not part of the path. You can be charged with Third Degree Trespass for being in the yard without permission from the yard owner.
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. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
Photo by Robert So