In re People v. Dilka.

2026 CO 12. No. 25SA187. Criminal Law—Statutes—Second Degree Burglary—Protection Orders.

March 2, 2026

The supreme court addressed whether the criminal violation of a protection order under CRS § 18-6-803.5 serves as a predicate crime for second degree burglary under CRS § 18-4-203. To be a predicate crime for second degree burglary, the underlying crime must be a “crime against another person or property.” § 18-4-203(1).

The court concluded that its ruling in People v. Rhorer, 967 P.2d 147 (Colo. 1998), created a bright-line rule that criminal protection order violations under § 18-6-803.5 are crimes against another person or property because such violations always involve the harm or threat of harm to another person or property. Accordingly, the court discharged the order to show cause and remanded the case to the trial court for further proceedings.