What Is Criminal Trespass in Colorado?

Criminal trespass in Colorado arises when an individual knowingly and unlawfully enters or remains on another person's property without permission or after being told to leave.

The principal legal elements of a criminal trespass charge in Colorado include the person:

• The individual must be aware of their action, i.e., they must act knowingly.
• Unlawfully: This means the trespasser does not have a license, permission, or privilege to be in the location they are occupying. Colorado statutes define "entering unlawfully or remaining unlawfully" to include public land, signs, fences, and verbal notice.
• Notice: The importance of notice stems from the fact that someone may have permission to enter a property unless they are given a notice to leave, the land has a "No Trespass" sign, or the land is fenced to prevent entry by intruders.

Colorado law (Title 18, Article 4, Part 5) categorizes criminal trespass into three types (degrees): first-degree trespass, second-degree trespass, and third-degree trespass. The degree of charge someone may face in the state depends on the type of property involved and the reason for entering or remaining on the premises.

How to Look Up Public Criminal Trespass Records in Colorado

Individuals looking for public criminal trespass records in Colorado may begin their search using the Docket Search feature on the Colorado Judicial Branch's website. This search tool enables users to locate information on upcoming hearings and basic case details. They may also submit an online records request to the specific court that handled a criminal trespass case.

To obtain comprehensive information on a case or certified copies of court documents, requesters are expected to contact the relevant court (clerk of court) where the case was filed.

The general public may also conduct a Colorado-only Criminal History Record Information (CHRI) name-based background check remotely using the Internet Criminal History Check (ICHC). This fee-based service provided by the Colorado Bureau of Investigation (CBI) returns information on arrests and convictions reported statewide.

Generally, most Colorado CHRI records are available to the public, except for juvenile arrest records (for individuals under 17 years old), traffic arrest records of persons under 16 years of age, and court-sealed arrest records. However, law enforcement agencies are typically able to view complete criminal history record information.

Types of Criminal Trespass Offenses

Title 18, Article 4, Part 5 of the Colorado Revised Statutes outlines the various types of crimes in the state, categorized by the severity of the offense. The following section explains the various forms of trespass and their distinguishing criteria:

First-degree criminal trespass (CRS §18-4-502): This involves knowingly and unlawfully entering or remaining in someone's dwelling or entering any motor vehicle with the intent to commit a crime. First-degree criminal trespass is typically a Class 1 misdemeanor (e.g., trespassing in an empty building). However, it may be upgraded to a Class 6 felony if the trespassing charge concerns a home where people live.

Second-degree criminal trespass (CRS §18-4-503): This category of trespass involves unlawfully entering or remaining on different types of properties (e.g., hotels, motels, condominiums, apartment buildings) or a motor vehicle. In other words, second-degree trespassing does not necessarily have to involve someone's home. Entering an unlocked vehicle to seek shelter from rain may constitute second-degree trespassing. The absence of intent to commit a crime while inside the car reduces the offense to a first-degree trespass charge.

Third-degree criminal trespass (CRS §18-4-504): This category of trespass involves unlawfully entering or remaining on premises that are not residential (e.g., agricultural land) and are not fenced or enclosed to keep intruders out. For example, someone wandering onto private property (or taking a shortcut through the site) without a fence or wall, but with only a "private property" sign, may face a third-degree criminal trespass charge.

Penalties for Criminal Trespass in Colorado

First-Degree Criminal Trespass

In Colorado, first-degree trespass is typically classified as a Class 1 misdemeanor, punishable by up to 364 days in jail, fines of up to $1,000, or both. However, if the trespass happened in a place where people live, it often becomes a class 6 felony. Someone convicted of first-degree criminal trespassing may face up to 18 months in prison, one year of mandatory parole, or fines ranging from $1,000 (minimum)to $100,000 (maximum). They may also be subject to a combination of the above penalties.

Second-Degree Criminal Trespass

This may be charged as a misdemeanor or felony, depending on the prevailing circumstances. Second-degree criminal trespass involving a motor vehicle is usually a Class 2 misdemeanor in Colorado, punishable by up to 120 days in jail, fines up to $750, or both.

In contrast, an individual trespassing on agricultural land with the intent to commit a felony may face a Class 4, which carries a prison term of 2 to 6 years, a minimum fine of $2,000 up to $500,000, or both. Crimes that do not fall under the two scenarios described above are typically charged as petty offenses, punishable by up to 10 days in jail, fines of up to $300, or both.

Third-Degree Criminal Trespass

In Colorado, a third-degree criminal trespass charge is generally considered a minor offense. A conviction for this offense carries a penalty of up to 10 days in jail, a fine of up to $300, or both.

Can You Be Arrested for Criminal Trespass in Colorado?

Criminal trespass is an arrestable offense in Colorado. Under C.R.S. §16-3-102, law enforcement may arrest someone without a warrant if:

• An offense was committed in their presence
• There is probable cause that an offense has occurred, or the officer has probable cause to believe an offense and that the suspect committed it (even if not witnessed).

Video evidence and testimonies of credible witnesses are standard methods of establishing probable cause when the officer does not witness a crime.

Trespass, as defined by the Colorado Criminal Code, consists of three categories of trespass offenses (first-, second, and third-degrees). If the facts of the case involve dwellings, vehicles, fenced premises, or other types of property listed as offenses in the criminal trespass statute, an officer may arrest the trespassers under the relevant provisions of the criminal trespass statute.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Colorado

Criminal trespass and burglary are not the same in Colorado. Criminal trespass focuses on unlawfully and intentionally entering or staying in a place where one does not have permission to be. This may be a dwelling, motor vehicle, fenced or enclosed land, or other property. The intent to commit a crime is not required for trespass to be a crime.

Simply entering or remaining on a property one is not authorized to occupy is a crime in itself. It does not require intent to commit another crime.

Colorado recognizes three degrees of criminal trespass: first-degree (entry or remaining in a dwelling with no further action required or vehicle entry with criminal intent), second-degree (fenced or enclosed premises, common areas, or knowing entry into a vehicle), and third-degree (other premises). The severity of criminal trespass ranges from a petty offense to a felony, depending on the setting and intent.

In comparison, burglary entails entry (or remaining) with the intent to commit a crime inside a building or structure or specified equipment. "Breaking" is not necessary for a crime to occur.

Although the term "breaking" appears in the definition of second and third-degree burglary, Colorado law does not have a standalone offense known as "breaking and entering". Forced entry is not required if unlawful entry and criminal intent are provable.

Like criminal trespass, burglary is classified as a first-, second, or third-degree offense. However, first-degree burglary contains aggravating factors such as being armed with explosives or a deadly weapon during entry, and assault.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Colorado?

Under Colorado Criminal Procedure Rule 11, state prosecutors may resolve criminal trespass through plea bargaining, which may dismiss or reduce charges (e.g., from a higher-degree trespass to a lesser misdemeanor) or agree to a lenient sentence. However, such plea deals are subject to the judge's approval.

Colorado prosecutors may also offer defendants pretrial diversion programs (usually for first-time, low-level cases), pursuant to C.R.S. § 18-1.3-101. This allows the district attorney to suspend prosecution for up to two years. If the defendant fulfills all specified conditions, such as restitution, counseling, or community service, the case is dismissed with prejudice.

Another mechanism Colorado courts commonly use to reduce sentences is the Deferred Judgment and Sentence (C.R.S. § 18-1.3-102). Under this option, the defendant pleads guilty; however, the judge defers judgment until the defendant completes all court-mandated terms. If the defendant completes all specified conditions, the plea is withdrawn and the charge is dismissed with prejudice. If they fail, the court will reinstate the judgment and sentence.

Non-conviction cases where the defendant's case was dismissed, acquitted, or dismissed after completing a diversion or deferred judgment are eligible for court-ordered sealing under C.R.S. § 24-72-705. Some convictions may be eligible for sealing through a petition under C.R.S. § 24-72-706, subject to statutory eligibility and waiting periods. For additional information on the procedures and limits, petitioners are advised to review the Judicial Branch self-help page.

Will a Colorado Criminal Trespass Charge Stay on Your Record?

Yes. A Colorado criminal trespass charge will remain visible to the public unless it is sealed. Since court records are generally public in Colorado, requesters may access a criminal trespass conviction through court indexes or the CBI's Internet Criminal History Check (ICHC) platform. All Colorado criminal history record information is accessible to the public, except sealed and juvenile records.

Under Colorado law, the courts are expected to order the sealing of a case when it is dismissed, the defendant is acquitted, or the defendant completes a trial diversion (C.R.S. 18-1.3-101) or a deferred judgment program (C.R.S. 18-1.3-102). This process restricts the case from public view.

Regarding convictions, petitioners may file a petition to seal most offenses after waiting periods, pursuant to C.R.S. 24-72-706 (ineligible crimes are listed in the statute). Sealed records are hidden from public view, but criminal justice agencies may still access them.

Expungement or Record Sealing Options in Colorado

Colorado offers two main types of case remedies: automatic sealing of non-conviction records(C.R.S. 24-72-705) and petition-based sealing of conviction records (C.R.S. 24-72-706).

Non-conviction records: Individuals whose cases were dismissed, acquitted, or who successfully completed a trial diversion or a deferred judgment are expected to have such cases automatically sealed. No motion or fee is required. This process removes the record from public view, but law enforcement agencies may access it.

Conviction records: For this category of records, petitioners may submit a petition to seal several offenses after undergoing waiting periods. Sealed records are hidden from public view, but criminal justice agencies may still access them.

Note: In Colorado, expungement is mainly connected to juvenile delinquency cases, whereas adult cases, such as criminal trespassing, are often associated with sealing.