Second Degree Burglary Definition - Sawyer Legal Group

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Second-Degree Burglary Definition

Second-Degree Burglary, C.R.S. 18-4-203

(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.

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