Second degree criminal trespass.

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(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 enclosedin 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) 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 39-1102 (1.6), C.R.S.; and

  2. It is a class 4 felony if the person trespasses on premises so classified as agriculturalland with the intent to commit a felony thereon.

(3) 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.

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.


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