Colorado criminal charge
Second degree burglary in Colorado
Second degree burglary is a criminal offense under Colorado law, defined by C.R.S. § 18-4-203. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-4-203.
What is the penalty for second degree burglary in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Second degree burglary — occupied structure or commercial business building — The burglary is of an occupied structure or of a building used for the operation of a commercial business.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Second degree burglary — occupied structure or commercial business building — The burglary is of an occupied structure or of a building used for the operation of a commercial business.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Second degree burglary — occupied structure or commercial business building — The burglary is of an occupied structure or of a building used for the operation of a commercial business.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (Second degree burglary — violation of retailer notice or court order restraining entry — The person knowingly violated a written notice by a retailer or a court order restraining them from entering a particular retail location during public business hours.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Second degree burglary — violation of retailer notice or court order restraining entry — The person knowingly violated a written notice by a retailer or a court order restraining them from entering a particular retail location during public business hours.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Second degree burglary — other building — The burglary is of any other building not described as an occupied structure, commercial business building, dwelling, controlled-substance-target, firearm/ammunition-target, or retail-restriction-violation scenario.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Second degree burglary — other building — The burglary is of any other building not described as an occupied structure, commercial business building, dwelling, controlled-substance-target, firearm/ammunition-target, or retail-restriction-violation scenario.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Second degree burglary — other building — The burglary is of any other building not described as an occupied structure, commercial business building, dwelling, controlled-substance-target, firearm/ammunition-target, or retail-restriction-violation scenario.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is second degree burglary classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Second degree burglary — occupied structure or commercial business building | Class 4 Felony | The burglary is of an occupied structure or of a building used for the operation of a commercial business. | 18-4-203(2)(a) |
| Second degree burglary — violation of retailer notice or court order restraining entry | Class 2 Misdemeanor | The person knowingly violated a written notice by a retailer or a court order restraining them from entering a particular retail location during public business hours. | 18-4-203(2)(c) |
| Second degree burglary — other building | Class 5 Felony | The burglary is of any other building not described as an occupied structure, commercial business building, dwelling, controlled-substance-target, firearm/ammunition-target, or retail-restriction-violation scenario. | 18-4-203(2)(d) |
Common questions about second degree burglary in Colorado
Is second degree burglary a felony or a misdemeanor in Colorado?
It depends on the circumstances: second degree burglary ranges from a Class 2 Misdemeanor to a Class 4 Felony in Colorado under C.R.S. § 18-4-203.
Second degree burglary — occupied structure or commercial business building: Class 4 Felony (C.R.S. § 18-4-203(2)(a)) · Second degree burglary — violation of retailer notice or court order restraining entry: Class 2 Misdemeanor (C.R.S. § 18-4-203(2)(c)) · Second degree burglary — other building: Class 5 Felony (C.R.S. § 18-4-203(2)(d))
What are the penalties for second degree burglary in Colorado?
Penalties for second degree burglary in Colorado depend on how it is classified — from a Class 2 Misdemeanor up to a Class 4 Felony — with the ranges set by C.R.S. § 18-1.3-401 and C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers second degree burglary?
Second degree burglary is governed by C.R.S. § 18-4-203 (Second degree burglary).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.