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Burglary

The Purpose of this Sub Website is to assist present and future clients who are under investigation, charged with Colorado Criminal Acts – or have friends or loved ones who have a need to understand the crimes they are facing. I believe knowledge is power – that is why I continuously work on this and other web sites on Colorado Criminal Laws and Issues.

18-4-202. First degree burglary.
  1. A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, or the person or another participant is armed with explosives or a deadly weapon.
  2. First degree burglary is a class 3 felony.
  3. If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 12-22-303 (7), C.R.S., within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony.
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. Second degree burglary is a class 4 felony, but it is a class 3 felony if:
    1. It is a burglary of a dwelling; or
    2. It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept within any building or occupied structure.
18-4-204. Third degree burglary.
  1. A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
  2. Third degree burglary is a class 5 felony, but it is a class 4 felony if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept in or upon the property burglarized.
18-4-205. Possession of burglary tools.
  1. A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
  2. Possession of burglary tools is a class 5 felony.
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