§ 18-4-203. Second Degree Burglary

1. A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Second degree burglary is a class 4 felony, but it is a class 3 felony if:
   1. It is a burglary of a dwelling;
   2. The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
   3. The objective of the burglary is the theft of one or more firearms or ammunition.

      (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] (a) Except as provided in subsection (2)(b) or (2)(c) of this section, second degree burglary is a class 4 felony.

      (b) Second degree burglary is a class 3 felony if:

      1. It is a burglary of a dwelling;
      2. The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
      3. The objective of the burglary is the theft of one or more firearms or ammunition.

         (c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.

Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-203. L. 81: (2) amended, p. 974, § 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99: (1) amended, p. 327, § 3, effective July 1. L. 2012: (2)(b) amended, (HB 12-1311), ch. 281, p. 1618, § 41, effective July 1. L. 2018: (2)(a) and (2)(b) amended and (2)(c) added, (HB 18-1077), ch. 376, p. 2280, § 1, effective June 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3176, § 202, effective March 1, 2022.

Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.