What Is Criminal Trespassing?

Trespass is both a civil wrong and, in certain circumstances, a crime. Criminal trespass generally requires that you knew you were not allowed to be there.

Typical elements

Most state criminal trespass laws require that a person (Cornell LII):

1. Entered or remained on someone else's land or in a building;
2. Without permission or legal right; and
3. Knew they were not allowed, usually because of notice.

How notice is given

• Being told to leave by the owner, manager or police
• "No trespassing" signs posted where they can be seen
• Fences or enclosures designed to keep people out
• In some states, purple paint marks on trees or posts
• A written trespass warning or ban notice from a business

Entering a home or locked building is usually treated as obviously forbidden even without a sign.

Public property

Public places like parks and sidewalks are generally open, but you can still trespass by entering closed areas, staying after hours, or refusing to leave a public building when lawfully ordered to. Businesses open to the public can usually revoke permission to stay, and refusing to leave can then be trespass.

Trespass vs. burglary

Burglary is entering a building with intent to commit a crime inside (Cornell LII). Trespass does not require intent to commit another crime. See burglary vs. robbery.

Penalties

• Often a misdemeanor or a petty offense punished with fines
• Higher penalties for trespassing in a dwelling, at schools, on critical infrastructure, or while armed
• A trespass conviction can appear on background checks

Common defenses

• No notice: no signs, no fences, never asked to leave
• Permission or a reasonable belief you had permission
• Necessity, such as entering to escape danger
• A legal right to be there, such as an easement or tenancy

How long does a trespass ban last?

Business trespass warnings or bans often last a set period, such as one year, or indefinitely. Entering during the ban can lead to arrest.

If someone is trespassing on your property

Ask them to leave if it is safe, post clear signs, and call police if they refuse. If someone is living on your property, the rules may be different; see squatters' rights. For boundary disputes with neighbors, see property line disputes.

If you have been charged, a criminal defense lawyer can review whether notice was proper.

Sources

1. Cornell Law School LII: Trespass
2. Cornell Law School LII: Criminal trespass
3. Cornell Law School LII: Burglary