Colorado’s trespass statute isn’t one crime — it’s three, each defined by where you went and what kind of property it was. Whether you’re facing a petty offense for crossing a fence line or a felony tied to agricultural land, the degree charged changes everything about your exposure. Here’s what Colorado law says, and what a defense can look like.
What Counts as Criminal Trespass Under Colorado Law?
Colorado divides criminal trespass into three degrees under CRS § 18-4-502, § 18-4-503, and § 18-4-504, graded by the type of property involved and whether the person intended to commit another crime once inside. Colorado’s jury instructions confirm the elements of each (COLJI-Crim 4-5:03 through 4-5:09). First-degree trespass covers dwellings and vehicles entered with criminal intent. Second-degree trespass covers fenced or enclosed property, shared areas of apartment buildings and hotels, and motor vehicles. Third-degree trespass covers other real property that isn’t fenced or enclosed.
What Is First-Degree Criminal Trespass (CRS § 18-4-502)?
First-degree criminal trespass applies when someone knowingly and unlawfully enters or stays inside another person’s dwelling, or enters a motor vehicle intending to commit a crime once inside. Colorado courts have held that gaining entry to a dwelling through a ruse, trick, or deception still counts as entering ’unlawfully’ for this charge (People v. Hill, 2025 COA 12, ¶ 2, 566 P.3d 1027). Either way of committing first-degree trespass is a class 1 misdemeanor by default, but entering or remaining in a dwelling that was inhabited or occupied elevates it to a class 6 felony (CRS § 18-4-502(2)(a); COLJI-Crim 4-5:03.5.INT) — roughly 1 year to 18 months in prison with 1 year mandatory parole, versus up to 364 days in county jail for the misdemeanor version. Because it involves a home, the felony version is the most serious of the three trespass charges. The Colorado Supreme Court has also held that first-degree trespass of a dwelling is a lesser included offense of second-degree burglary, and the court of appeals has extended that same reasoning to first-degree burglary (Whiteaker v. People, 2024 CO 25, ¶ 19, 547 P.3d 1122; People v. Miller, 2024 COA 66, ¶¶ 67–69, 556 P.3d 1262) — meaning a jury can sometimes convict on the lesser trespass charge instead of burglary. A first-degree trespass charge often appears alongside burglary or domestic violence charges when the alleged entry involves a shared residence, an ex-partner’s home, or a protection order dispute.
What Is Second-Degree Criminal Trespass (CRS § 18-4-503)?
Second-degree trespass covers three distinct situations under COLJI-Crim 4-5:04 through 4-5:06: entering or remaining on land enclosed by a fence or other barrier meant to keep people out (CRS § 18-4-503(1)(a)) — the Colorado Supreme Court has held this provision carries an implied ’knowingly’ mental state even though the statute doesn’t say so explicitly (Bollier v. People, 635 P.2d 543, 546 (Colo. 1981)); entering the restricted common areas of an apartment building, condominium, or hotel without authorization (CRS § 18-4-503(1)(b)); and entering someone else’s motor vehicle without permission (CRS § 18-4-503(1)(c)). Note that the agricultural-land felony enhancement that used to apply to second-degree trespass was repealed by the legislature effective March 1, 2022 — that enhancement now only applies to third-degree trespass, discussed below. The fencing or enclosure requirement is often where these cases are won or lost.
What Is Third-Degree Criminal Trespass (CRS § 18-4-504)?
Third-degree trespass is Colorado’s catch-all trespassing charge: unlawfully entering or remaining on someone else’s property that is not fenced or enclosed (CRS § 18-4-504(1); COLJI-Crim 4-5:09). It’s a petty offense by default — as of March 1, 2022, Colorado has a single petty-offense tier carrying up to 10 days in jail and a fine of up to $300. But third-degree trespass becomes a felony if the person trespassed on land classified as agricultural with intent to commit a felony there: a class 5 felony if the land had a fence securing its perimeter, or a class 6 felony if it didn’t (CRS § 18-4-504(2)(b); COLJI-Crim 4-5:11.5.INT). Even as the lowest-level trespass charge, a conviction still creates a criminal record and can complicate housing, employment, or pending custody matters.
What Are the Penalties for a Colorado Trespassing Conviction?
Penalties scale with the degree charged and, in some cases, the type of property: first-degree trespass is a class 1 misdemeanor (up to 364 days in jail, up to a $1,000 fine) unless it involves an inhabited or occupied dwelling, which makes it a class 6 felony (roughly 1 year to 18 months in prison, 1 year mandatory parole, up to a $100,000 fine); second-degree trespass is a class 2 misdemeanor for the motor-vehicle subsection (up to 120 days in jail, up to a $750 fine) and a petty offense for the enclosed-premises and common-area subsections (up to 10 days in jail, up to a $300 fine); and third-degree trespass is a petty offense (up to 10 days in jail, up to a $300 fine) unless the agricultural-land-with-felonious-intent enhancement applies, which makes it a class 5 or class 6 felony depending on whether the land was fenced. Judges also have discretion on probation, fines, and suspended jail time, so the real-world outcome often depends as much on the defendant’s record and the prosecutor’s charging decisions as on the statute itself.
Can a Colorado Trespassing Charge Become a Felony?
Yes. Two situations commonly push a trespassing charge into felony territory: first-degree trespass involving someone’s occupied home, and any degree of trespass onto agricultural land where prosecutors allege intent to commit a felony once inside. Prosecutors sometimes charge first-degree trespass or add an agricultural-land enhancement without strong evidence of intent — that is frequently where defense counsel can get a charge reduced before trial.
What Defenses Apply to a Colorado Trespassing Charge?
Common defenses include lack of knowledge that entry was unlawful, a mistaken but genuine belief the person had permission or a legal right to be present (an ex-tenant retrieving belongings, a confused delivery driver, a co-owner dispute), lack of adequate fencing or posted notice on the property, and misidentification. For vehicle-related trespass, the defense often turns on whether the person reasonably believed the vehicle belonged to them or a companion; Colorado courts have noted that for trespass of a motor vehicle specifically, the ’knowing and unlawful’ element doesn’t apply the same way it does for a dwelling (People v. Anderson, 991 P.2d 319, 321 (Colo. App. 1999)), so how that charge is framed matters. Because second- and third-degree trespass hinge on whether property was actually fenced, enclosed, or posted, photos and survey records of the property line at the time of the alleged offense are often decisive.
Will a Trespassing Conviction Show Up on a Background Check?
Yes — even a petty-offense trespass conviction becomes part of the public criminal record and typically appears on standard background checks used by employers and landlords. Colorado’s record-sealing process may offer a path to limit future disclosure once eligibility requirements are met.
If you’ve been charged with criminal trespass anywhere in Colorado, the degree listed on the citation isn’t necessarily the degree you’ll be convicted of. Mile High Legal represents clients facing trespassing and related property charges across the Denver metro area and statewide. Contact our office to review the specific allegations against you.
