When two teenage boys crashed their car into a house, most neighbors responded by rushing to help the teens while waiting for paramedics to arrive. One man, who made what I would call an inconsiderate and insensitive choice, chose to not render any aid to the boys. Instead, he pulled out his phone and taped the situation. He made comments about the boys being ‘idiots.’ He opened one of the car doors and continued to film the teens. Unfortunately, one of the teens did not survive and this man posted his dying moments on Facebook. I strongly disagree with this man’s actions. But, were his actions criminal? Doing something which is highly insensitive to the majority of people will generally lead the police to dig deep to find a charge which might stick. Apparently that is what happened here as police arrested the man for 2nd Degree Criminal Trespassing.
What is 2nd Degree Criminal Trespass in Larimer County?
Second Degree Criminal Trespass – C.R.S. 18-4-503 – is defined by Colorado law as:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
Because the man opened the car door without the permission of the owner, he could be convicted of this class 3 misdemeanor in Larimer, Boulder, or Grand County. Technically, any of the neighbors who ran over to help and entered the car could have been charged with this crime as well. But, because they were helping a person in distress, their actions were defensible under the Affirmative Defense of Emergency or Choice of Evils and unless the teenagers pushed for it, no police officer or DA would want to charge the good Samaritans.
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Everyone Wants to be at the Center of Drama
In an age where people feel the constant need to post anything and everything on the internet for self promotion, it’s no wonder the man took out his camera to film the accident. Drama makes people with no life feel important. It’s not like he was the only one on the scene and refused to help the boys. They were getting help from the others who had heard the crash. Were his actions offensive and disrespectful? Yes, in my opinion they were but I question whether they warrant a criminal charge. If convicted of Second Degree Trespassing in Fort Collins, the man could face up to 6 months in jail and $750 in fines.