What IS SECOND Degree BURGLARY?

• Second Degree Burglary is when a person knowingly breaks into, enters unlawfully into, or remains when it is unlawful to remain in a building or any other occupied structure with the intent to commit a crime against another person or the property while in the building or structure.

• Second Degree Burglary is a Class Four Felony if the building or structure is a commercial business. Under these circumstances the penalty can be up to 6 years in the Department of Corrections and a fine of up to $500,000.

• Second Degree Burglary can also be charged as a Class 3 Felony, if the intent of breaking into the building or structure was for the theft of a controlled substance or the theft of firearms or ammunition. Under these circumstances the penalty can be up to 12 years in the Department of Corrections and a fine of up to $750,000.

C.R.S. 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) Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.

(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.

(d) Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.