Every trespassing case in Colorado raises unique questions about intent, property rights, and criminal liability. One of the most common questions we hear is, what is 2nd degree trespassing? Second-degree trespassing generally involves unlawfully entering or remaining in enclosed premises like fenced areas or a vehicle, or knowingly entering common areas of multi-unit buildings, without permission. In Colorado, it is a lesser offense than first-degree trespassing and can range from a petty offense to a misdemeanor, with felony charges possible when agricultural land is involved.
At McAdams Law Office, we work with clients in Greeley and Weld County to defend against trespassing charges and protect their rights from a trusted Greeley Trespassing Criminal Defense Lawyer.
Colorado law spells out exactly what counts as second-degree trespass. Under Colorado Revised Statutes § 18-4-503, the offense occurs when someone unlawfully enters or remains on another person’s enclosed or fenced property, enters the common areas of a hotel, motel, condominium, or apartment building without authorization, or knowingly gets into a motor vehicle that is not theirs.
This statute clearly states that entering without lawful consent is an offense, even if no damage occurs. Some examples may include:
The consequences of a conviction depend on where and how the alleged trespass occurred. Colorado law divides penalties by location and intent. Knowing what is 2nd degree trespassing in terms of penalties clarifies how seriously the state treats different situations:
Because the classification ranges from petty offense to felony, the specific facts of your case greatly influence the potential outcome.
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To secure a conviction for second-degree trespassing, prosecutors must show that the individual knowingly entered or remained on property belonging to someone else. They must also establish that the location was either fenced, enclosed to keep intruders out, part of a shared area such as a lobby in an apartment building, or a motor vehicle. Finally, they have to prove that the person was there without the consent of the owner or anyone with lawful authority to grant access.
Even when no damage occurs, simply staying in an enclosed or restricted space without permission is enough to satisfy the legal requirements of the offense. Understanding what is 2nd degree trespassing in terms of proof clarifies prosecution methods and defense opportunities.
The Colorado Revised Statutes Title 18 distinguishes between acting “with intent” and acting “without consent.” A person acts with intent when their conscious objective is to cause the specific result described in the statute, such as intending to commit another crime after entering the property. By contrast, entering without consent focuses only on the absence of permission, even if no further crime was planned.
This distinction matters because it determines whether the offense remains a petty or misdemeanor trespass, or whether it escalates into a felony charge.
A trespassing allegation does not always mean a conviction will follow. Colorado law recognizes that context matters, and there are several ways to challenge the state’s claims. In many cases, the defense focuses on why the person was present, what they knew then, and whether the property truly met the legal criteria for being restricted. Some of the most common approaches include:
These defenses can be especially effective when combined with evidence like witness testimony, surveillance footage, or documentation of permission.
Trespassing charges often raise complex questions about consent, property boundaries, and intent. McAdams Law Office defends burglary and trespassing cases in Greeley and Weld County with strategies designed to protect futures and safeguard rights. Call (970) 353-0000 today to speak with an attorney prepared to stand up for you in court and pursue the strongest possible outcome.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.