Grand Junction, CO asked in Criminal Law for Colorado

Q: What if the land wasn't occupied?

Person I know is getting tried for 2nd degree burglary when the land was unoccupied.

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1 Lawyer Answer

Jonathan Greenlee

Answered
  • Criminal Law Lawyer
  • Boulder, CO
  • Licensed in Colorado

A: 2nd Degree Burglary under C.R.S. 18-4-203 requires entry into a " building or occupied structure."

“Occupied structure” means any area, place, facility, or enclosure which, for particular purposes, may be used by persons or animals upon occasion, whether or not it is a “building,” and which is in fact occupied by a person or animal, and known by the defendant to be thus occupied at the time of the alleged offense.

“Building” means a structure which has the capacity to contain, and is designed for the shelter of man, animals, or property, and includes a ship, trailer, sleeping car, airplane, or other vehicle or place adapted for overnight accommodations of persons or animals, or for carrying on of business therein, whether or not a person or animal is actually present.

If the charge is related to a "building", it does not matter if it was unoccupied.

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