While laws vary a bit by state, criminal trespass is typically the act of intentionally entering or staying on another person’s property without permission. Penalties for trespassing are often misdemeanors, but this offense can also be a felony. Read on to learn more.
When Is Trespassing a Crime?
An essential element of criminal trespass is knowledge. In order to be convicted of trespass, you must either:
- know that you’re going onto someone else’s property without having permission to be there, or
- remain on the property after discovering that you don’t have the right to be there.
Notice. Many states’ laws don’t allow for a trespassing conviction unless there was some kind of notice that the trespasser wasn’t permitted to be on the property. A property owner can normally provide the required notice by verbally telling the trespasser to leave the premises, but a “no trespassing” sign, a fence, or a locked gate can also be enough to indicate that the property is off limits. In some states, colored markings on trees suffice.
Permission revoked. A person can also trespass if they were initially permitted to be on the property but remain after permission was revoked. For instance, if you were invited to a party but then told to leave, your refusal to go could be considered trespassing.
How Does Trespassing Differ From Burglary?
Criminal trespass is related to burglary but a significantly less serious offense. While trespass involves an unauthorized entry on any type of property, burglary requires an unauthorized entry into a structure with the intent to commit another crime (like theft or assault).
Burglary crimes carry stiffer penalties than trespassing because burglary is seen as a threat to life and property. Trespassing, on the other hand, is considered a property offense.
What Are the Penalties for Criminal Trespassing?
In many cases, criminal trespass is either an infraction or a misdemeanor, but in some states, it can also be a felony. Generally, criminal laws provide harsher penalties for unlawfully entering someone else’s home or onto critical infrastructure property (like a power plant) without permission. Other examples of where felony penalties might apply include trespassing in a domestic violence shelter, an area cordoned off by first responders, or in school.
For more information on trespassing, including civil liability, read here. To learn about the criminal trespass laws and penalties in your state, consult an experienced criminal defense attorney.
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