(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) Second degree burglary is a class 4 felony if the burglary is of an
occupied structure or of a building being used for the operation of a commercial
business.
(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.
(d) Second degree burglary is a class 5 felony if the burglary is of any other
building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.
L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-203. L. 81: (2) amended, p. 974, § 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99: (1) amended, p. 327, § 3, effective July 1. L. 2012: (2)(b) amended, (HB 12-1311), ch. 281, p. 1618, § 41, effective July 1. L. 2018: (2)(a) and (2)(b) amended and (2)(c) added, (HB 18-1077), ch. 376, p. 2280, § 1, effective June 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3176, § 202, effective March 1, 2022. L. 2023: (2)(a) amended and (2)(d) added, (HB 23-1293), ch. 298, p. 1784, § 10, effective October 1.
