Jump to content

Chad Kelly arrested & charged with criminal trespassing; Cut by Broncos


YoloinOhio

Recommended Posts

Colorado Law FWIW

 

 

 

1. What is criminal trespass in Colorado?

1.1. First degree trespass -- 18-4-502 C.R.S.

18-4-502 C.R.S. provides:

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.

The keys to first degree trespass are:

  • The property is someone's home, or
  • The property is someone's motor vehicle and you are entering it to commit a crime (such as auto theft).

Because these are places in which people are likely to be present, this is the most serious form of trespassing.

Note that the vehicle does not need to be locked for you to be charged with first degree trespass. Even entering the open bed of a pick-up truck is enough if your intent is to commit a crime in the vehicle.

  • Example: While her UPS driver is delivering packages in the building, Allie climbs into the back of the truck, intending to steal some packages. Because she enters the vehicle intending to commit a crime (theft), she is guilty of first degree trespass.

 

2. Colorado trespassing penalties

2.1. First degree trespass

Under 18-4-502 C.R.S., first degree criminal trespass is a Colorado class 5 felony.

Consequences of first degree trespass can include:

  • 1-3 years in prison, and/or
  • A fine of $1,000-$100,000.
  • Like (+1) 1
Link to comment
Share on other sites

2 minutes ago, ColoradoBills said:

Colorado Law FWIW

 

 

 

1. What is criminal trespass in Colorado?

1.1. First degree trespass -- 18-4-502 C.R.S.

18-4-502 C.R.S. provides:

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.

The keys to first degree trespass are:

  • The property is someone's home, or
  • The property is someone's motor vehicle and you are entering it to commit a crime (such as auto theft).

Because these are places in which people are likely to be present, this is the most serious form of trespassing.

Note that the vehicle does not need to be locked for you to be charged with first degree trespass. Even entering the open bed of a pick-up truck is enough if your intent is to commit a crime in the vehicle.

  • Example: While her UPS driver is delivering packages in the building, Allie climbs into the back of the truck, intending to steal some packages. Because she enters the vehicle intending to commit a crime (theft), she is guilty of first degree trespass.

 

2. Colorado trespassing penalties

2.1. First degree trespass

Under 18-4-502 C.R.S., first degree criminal trespass is a Colorado class 5 felony.

Consequences of first degree trespass can include:

  • 1-3 years in prison, and/or
  • A fine of $1,000-$100,000.

So it sounds like they had proof he was intending to commit a crime in order to charge him with this and he wasn’t just wandering in drunk, “Kiko style”

Edited by YoloinOhio
Link to comment
Share on other sites

5 minutes ago, YoloinOhio said:

So it sounds like they had proof he was intending to commit a crime in order to charge him with this and he wasn’t just wandering in drunk, “Kiko style”

 

No, intent to commit a crime is only required if it's a vehicle based on what was referenced above.

  • Like (+1) 2
Link to comment
Share on other sites

×
×
  • Create New...