§ 18-4-503. Second Degree Criminal Trespass – Repeal

1. A person commits the crime of second degree criminal trespass if such person:
   1. 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
   2. Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
   3. Knowingly and unlawfully enters or remains in a motor vehicle of another.
2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Second degree criminal trespass is a class 3 misdemeanor, but:
   1. It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and
   2. It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

      (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] (a) Second degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this section is a petty offense, but it is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

      (b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor.

3. 1. Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of paragraph (c) of subsection (1) of this section, the offender’s driver’s license shall be revoked as provided in section 42-2-125, C.R.S.
   2. This subsection (3) is repealed, effective January 1, 2022.

Source: L. 71: R&RE, p. 431, § 1. C.R.S. 1963: § 40-4-503. L. 81: Entire section amended, p. 990, § 1, effective June 4. L. 83: Entire section amended, p. 666, § 8, effective July 1. L. 84: (2)(a) amended, p. 1119, § 14, effective June 7. L. 93: (1) amended, p. 1732, § 18, effective July 1. L. 94: (1) amended, p. 1718, § 11, effective July 1. L. 2002: (1) amended, p. 1582, § 11, effective July 1. L. 2003: (3) added, p. 1846, § 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3178, § 212, effective March 1, 2022; (3)(b) added on revision, (HB 21-1314), ch. 460, pp. 3099, 3104, §§ 10, 22.

Editor’s note:

1. Section 22(2) of chapter 460 (HB 21-1314), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed and applications submitted on or after January 1, 2022.
2. 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.