Colorado Revised Statutes Annotated
Title 18. Criminal Code (Arts. 1 — 26)
Article 4. Offenses Against Property (Pts. 1 — 8)
Part 2. Burglary and Related Offenses (§§ 18-4-201 — 18-4-205)

18-4-203. Second degree burglary.

(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.

(2)

(a) Except as provided in subsection (2)(b) or (2)(c) of this section, second degree burglary is a class 4 felony.
(b) Second degree burglary is a class 3 felony if:

(I) It is a burglary of a dwelling;
(II) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
(III) The objective of the burglary is the theft of one or more firearms or ammunition.

(c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.

History

Source: L. 71:R&RE, p. 427, § 1.C.R.S. 1963:§ 40-4-203. L. 81:(2) amended, p. 974, § 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99:(1) amended, p. 327, § 3, effective July 1. L. 2012:(2)(b) amended,(HB 12-1311), ch. 281, p. 1618, § 41, effective July 1. L. 2018:(2)(a) and (2)(b) amended and (2)(c) added,(HB 18-1077), ch. 376, p. 2280, § 1, effective June 6. L. 2021:(2) amended,(SB 21-271), ch. 462, p. 3176, § 202, effective March 1, 2022.

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