Legal Question in Criminal Law in Colorado

Felony trespassing

What constitutes felony trespassing?


Asked on 11/18/07, 5:59 pm

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Felony trespassing

Colorado Jury Instructions, Criminal

Current Through the 1993 Pocket Part Update

Colorado Supreme Court Committee On Criminal Jury Instructions

Chapter 17. Trespass, Tampering, and Criminal Mischief

17:02 Criminal Trespass�First Degree

The elements of the crime of first degree criminal trespass are:

1 That the defendant,

2 in the State of Colorado, at or about the date and place charged,

[3. knowingly and unlawfully entered or remained in a dwelling.]

-or-

[3. entered any motor vehicle,

4. with the intent to steal anything of value.]

[4. or 5 without the affirmative defense in instruction number .]

After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of criminal trespass in the first degree.

After considering all the evidence, if you decide the prosecution has failed to prove each of the elements beyond a reasonable doubt, you should find the defendant not guilty of criminal trespass in the first degree.

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Answered on 11/19/07, 2:06 pm


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