Second Degree Criminal Trespass is charged in Fort Collins and Larimer County when a person enters or remains on someone else’s enclosed property without permission. You may remember that not too long ago I wrote a blog about a Bronco’s player who was charged with First Degree Criminal Trespass after entering into a home and sitting on the couch – uninvited. The homeowner attacked him and he quickly left the home. The Bronco’s player was found a few blocks away and arrested. He since entered into a plea agreement, where he pled to Second Degree Trespassing. He was sentenced to 1 year of probation with 50 hours of useful public service (community service). This meant he was able to get a misdemeanor instead of a felony.
Fort Collins Second Degree Criminal Trespass Lawyer: Definition of 2nd Degree Trespassing in Larimer County
The Larimer and Boulder, 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.
The difference between First and Second Degree Trespass is the type of premises. 1st Degree Trespassing is charged when a person enters a dwelling, like the Broncos player did. Entering into someone’s home is seen as aggravated, which is why it is charged as a felony. Second Degree Criminal Trespass is generally charged when a person enters into a yard or fenced property, a building, or some other property that is enclosed, but not a home.
Sentence for Second Degree Criminal Trespassing in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Second Degree Criminal Trespass is a class 3 misdemeanor unless an aggravating factor is present. If the land is considered agricultural land, then it is a class 2 misdemeanor. If the land is agricultural and the person entered with the intent to commit a felony, then it is a class 4 felony. The former Bronco plead to the added misdemeanor charge.