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CHAPTER 6: SELECTED CRIMINAL OFFENSES - Table of Contents

6.1 - Overview6.2 - Inchoate Offenses6.3 - Homicide6.4 - Assault6.5 - Domestic Violence6.6 - Other Unlawful Offenses against the person6.7 - Unlawful Sexual Behavior6.8 - Offenses against Property6.9 - Tresspass, Tampering and Mischief6.10 - Offenses involving Fraud6.11 - Offenses involving Family Relations6.12 - Offenses relating to Morals6.13 - Offenses against Government Operations and Public Order6.14 - Offenses relating to Weapons6.15 - Offenses relating to Controlled Substances6.16 - Alcohol/Drug related Traffic Incidents6.17 - Crimes Against Vulnerable Victims6.18 - Computer Crimes6.19 - Identity Theft

6.9 TRESPASS, TAMPERING AND MISCHIEF

Trespass, criminal mischief and criminal tampering are contained in Part 5 of Article 4. The seriousness of the offense generally depends on the intent of the defendant and the amount of damage caused by the defendant.

Criminal mischief is set out in C.R.S. 18-4-501 and occurs when a person knowingly damages the real or personal property of another person. Using the same dollar amounts as the crime of theft, mischief is a class 3 felony if the damage is $15,000 or more, a class 4 felony if the damage is $500 to $15,000, a class 2 misdemeanor of the damage is more than $100 to $500, and a class 3 misdemeanor of the value is less than $100.

Trespass is divided into three crimes. First degree criminal trespass, C.R.S. 18-4-502, occurs when a person knowingly and unlawfully enters or remains in the dwelling of another or enters any motor vehicle with the intent to commit a crime. First degree trespass is a class 5 felony. Second degree criminal trespass, C.R.S. 18-4-503, occurs when a person unlawfully enters or remains in or upon the premises of another that are enclosed in a manner designed to exclude intruders, or fenced, or if a person knowingly and unlawfully enters or remains in the common areas of a hotel or apartment or condominium building. Premises is defined as "real property, buildings and other improvements thereon, and stream banks and beds of any navigable streams flowing through such property." Second degree trespass is a class 3 misdemeanor, but is increased to a class 2 misdemeanor if the land has been designated agricultural land by the county assessor and further increased to a class 4 felony if the trespass onto agricultural land is accompanied by an intent to commit a crime thereon. Third degree criminal trespass, C.R.S. 18-4-503, occurs when a person unlawfully enters or remains in or upon the premises of another. Third degree trespass is a class 1 petty offense, nut is increased to a class 3 misdemeanor if the property has been designated agricultural land by the county assessor and further increased to a class 5 felony if the trespass onto agricultural land is accompanied by an intent to commit a crime thereon.

There are several variations of tampering. First degree criminal tampering, C.R.S. 18-4-505, occurs when a person, with the intent to interrupt the service provided by a public utility or public health or safety institution, tampers with the property of that utility or institution. First degree criminal tampering is a class 1 misdemeanor. Second degree criminal tampering, C.R.S. 18-4-506, occurs when a person, with the intent to cause injury or annoyance to another person, tampers with the property of that other person, or when a person knowingly makes an unauthorized connection with the property of a utility. Second degree criminal trespass is a class 2 misdemeanor. Specific variations of tampering exist for tampering with oil equipment, tampering with a utility meter, defacing paperwork relating to property rights, defacing monuments and defacing property generally.

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