Criminal Trespassing Laws and Penalties

Criminal trespass generally means entering or staying on property you know you're not permitted to be on—and that includes public buildings, stores, and even land you entered legally before being asked to leave. A property owner has the right to use their property in any manner that is not otherwise prohibited by law. Part of this right includes being able to use the property exclusively and preventing other people from entering the property without permission. While most people think of trespassing as a minor offense—a slap on the wrist for wandering somewhere you shouldn't be—in reality, it's a criminal charge that can result in fines, jail time, probation, and a permanent record that affects your job, housing, and future opportunities.

What Is Criminal Trespassing?

You commit a criminal trespass whenever you:

• enter onto property which you know you do not have the right to enter, or
• remain on property after learning you do not have the right to be there.

Both require some form of criminal intent. In the first instance, the person has notice that entry is prohibited, whether it’s by a verbal warning or posted signs, but enters anyway. An example of the second form of trespassing might occur if you enter someone’s property with permission but refuse to leave after the owner orders you to go. For example, a house guest who refuses to leave is trespassing.

You don’t have to receive a verbal warning that the property is off limits. Posted signs indicating no trespassing or no public access are often used to give notice to potential trespassers. A closed fence is another indicator. For large parcels of land, purple paint marks sprayed on tree trunks or other conspicuous places also provides notice.

Can You Trespass on Public Property?

Yes, trespassing can occur on both private and public property. The status of being public property doesn’t give the public the authority to access the property however they want. For instance, the public doesn’t have a right to enter all areas of a government building. Like private buildings, certain areas—like employee break rooms or offices—can be restricted. Other public properties may be entirely closed to the public, such as electric power transformers.

Can You Trespass on Private Property Open to the Public?

Yes, a person can also trespass on private property that’s open to the public. For example, a customer who enters a store during business hours but refuses to leave at closing time is trespassing. Trespassing might also occur in this situation if you’re lawfully in an area open to the public (like a store showroom), but you decide to go into a room with signage indicating it’s a private area (such as a storage room).

Is Trespassing a Misdemeanor or Felony Offense?

Many states have laws that differentiate between different types or severities of trespassing. Most start with misdemeanor penalties that may increase to low-level felonies.

Some states impose penalties based on the type of property involved. For instance, trespassing on land generally carries less severe penalties than trespassing in someone’s home. Other common property distinctions include businesses, agricultural land, cemeteries, schools, government buildings, construction sites, and wildlife or marine life areas.

Also, a law may impose harsher penalties for trespassing onto vulnerable sites. For example, state laws may provide more protection (in the form of tougher penalties) for trespassing on areas cordoned off by emergency workers or police, areas or structures supporting critical infrastructure needs (such as water treatment plants or cell towers), or facilities that house battered women’s shelters or abortion clinics.

Can You Get Arrested or Go to Jail for Trespassing?

It's common for someone caught trespassing to be arrested. Sometimes the person ends up being booked in jail. If the person is later convicted of the trespassing charge, the court may choose to sentence them to what is known as "time served." When a court sentences someone to time served, it decides to count the time that the person has already spent in jail as punishment. As with a jail sentence, a court can impose a time-served sentence in addition to fines or other penalties.

What Penalties Can You Face for a Trespassing Conviction?

A person convicted of criminal trespass faces a range of penalties. In most criminal trespass situations, courts don't impose significant jail penalties, fines, or lengthy probation periods, though the potential penalties differ among states. Some trespassing charges may qualify for diversion or sentencing alternatives, such as doing community service.

Misdemeanor Penalties for Trespassing

Most trespassing crimes are misdemeanor-level offenses. Misdemeanors typically carry a maximum sentence of one year in jail and fines.

Jail. While state laws allow judges the ability to impose a jail sentence for trespassing, convictions that result in jail time are uncommon. The potential jail sentences for most trespassing convictions range from several days to several months in jail. More serious offenses could result in jail sentences closer to a year.

Fines. A person convicted of trespassing most often faces a fine as a penalty. Fines can be imposed either separately from or in addition to jail sentences. Trespassing fines vary widely, from a few hundred dollars to as much as $5,000 or more. Like jail sentences, trespassing fines are dependent on state law and the circumstances of the crime, and laws allow courts to impose a range of fines. For example, a conviction for trespassing may result in a fine of as little as $25 or as much as $1,000.

Probation. Someone convicted of criminal trespassing may also have to serve a period of probation. Probation periods typically last less than one year, though they can be longer. When you are sentenced to probation you must comply with various probation conditions, such as not breaking any more laws and paying all fines and court costs. If you violate any of these conditions, a court can impose additional penalties, such as lengthening the probation period or ordering you to serve time in jail. Probation can be supervised or unsupervised.

Felony Penalties for Trespassing

In certain cases, you could face felony penalties. States generally reserve felony penalties for the most serious trespass cases, such as where’s there a risk of harm to others. These instances might include trespassing in an occupied home, onto critical infrastructure (like a power plant), or into an area where emergency personnel are working.

Felony penalties in trespassing cases are typically low-level offenses, involving a maximum of a few years in prison. Unless the person is a repeat offender or the crime resulted in serious harm, the person will likely not see prison time. Instead, they might face time in jail and probation.

Defenses to Criminal Trespassing Charges

Being charged with trespassing doesn't automatically mean you'll be convicted. Several legal defenses may apply depending on the circumstances of your case. It's the prosecutor's job to prove every element of the offense beyond a reasonable doubt. A criminal defendant doesn't have to prove their innocence, but they can try to poke hole's in the government's case or raise defenses, if they want to.

Permission or consent. If the property owner or someone with authority gave you permission to be on the property, you have not committed trespass. This defense can apply even if permission was given informally—verbally or implied by conduct—though written proof is always stronger.

Lack of notice. Criminal trespass generally requires that you knew you weren't allowed to be somewhere. If there were no posted signs, fences, or verbal warnings indicating the property was off-limits, you may be able to argue you had no reasonable notice that entry was prohibited.

Necessity. In rare cases, entering property without permission may be legally justified if it was necessary to prevent a greater harm. For example, crossing private land to escape a serious danger or to render emergency aid to someone.

Mistake of fact. If you genuinely and reasonably believed you had the right to be on the property— such as mistaking the boundaries of your own land—that honest mistake may serve as a defense.

Public access. If the property is routinely open to the public and there was no clear indication that you were in a restricted area, you may argue you had a reasonable belief that your presence was permitted.

Keep in mind that defenses vary significantly by state, and what works in one jurisdiction may not apply in another.

Speaking With an Attorney

Even though trespassing is not usually a serious offense, you still need to speak to a local criminal defense lawyer if you are charged with a crime. A local defense attorney will have experience with local prosecutors and judges and can give you advice based both on the facts of your case and on their experience with the local criminal justice system. Being convicted of trespassing can result not only in fines, jail, or probation but will also saddle you with a criminal record that will follow you for the rest of your life.