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Trespassing Laws in New Hampshire

How trespassing is charged in New Hampshire, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Criminal trespass is entering or remaining in any place knowing you are not licensed or privileged to do so. RSA 635:2 (amended eff. Jan. 1, 2025)

TrespassingCriminal trespass is entering or remaining in any place knowing you are not licensed or privileged to do so. It is a misdemeanor when it happens in an occupied structure, on secured premises (posted, fenced or enclosed), in defiance of an order to leave or stay away given personally by the owner or a court, on prison grounds without authorization, or during a drug or certain other crime; all other trespass is only a violation (a fine, not a crime). Trespass that knowingly or recklessly causes more than $1,500 in damage is a misdemeanor for a first offense and a class B felony (up to seven years) for any later offense.
Under RSA 625:9 a misdemeanor with no stated class is presumed class B (fine up to $1,200, no jail) unless, among other things, it has an element of an act or threat of violence or the state gives notice it seeks class A penalties (up to one year and $2,000) (RSA 651:2).

More New Hampshire criminal law

FAQ

Is trespassing a crime in New Hampshire?
Criminal trespass is entering or remaining in any place knowing you are not licensed or privileged to do so. It is a misdemeanor when it happens in an occupied structure, on secured premises (posted, fenced or enclosed), in defiance of an order to leave or stay away given personally by the owner or a court, on prison grounds without authorization, or during a drug or certain other crime; all other trespass is only a violation (a fine, not a crime). Trespass that knowingly or recklessly causes more than $1,500 in damage is a misdemeanor for a first offense and a class B felony (up to seven years) for any later offense.
Can I get a court-appointed lawyer for trespassing in New Hampshire?
New Hampshire's rule on court-appointed lawyers: When a defendant charged with a felony or a class A misdemeanor appears without counsel, the court advises the defendant of the right to counsel and that counsel will be appointed if the defendant cannot afford it. The court instructs the defendant to complete a financial statement under oath and, if satisfied the defendant is financially unable to obtain counsel, appoints counsel — first the public defender program (RSA 604-B), then a contract attorney, then any qualified attorney. The court shall appoint counsel without formal application where mental illness interferes with the defendant's ability to communicate or apply. RSA 604-A:2
How much does a lawyer for trespassing cost in New Hampshire?
Lawyers set their own fees, and New Hampshire has rules on how they may charge. See hiring a criminal defense lawyer in New Hampshire for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for trespassing in New Hampshire?
How release before trial works in New Hampshire: At the defendant's appearance, the court orders the person released on personal recognizance or an unsecured appearance bond, released on conditions, or detained. The court shall not impose a financial condition that will result in the pretrial detention of the person solely as a result of that financial condition, unless after a hearing it finds probable cause that no reasonable alternative assures compliance (§ 597:2, IV). The court may detain a person if it finds probable cause that release will not reasonably assure appearance or will endanger the safety of the person or the public (§ 597:2, III(a)). Persons charged with listed qualifying offenses (including homicide, certain assaults, sexual assault, kidnapping and robbery) are not brought before a bail commissioner and are detained pending arraignment, which must occur within 36 hours excluding weekends and holidays (§ 597:2, III(c)). A person charged with a class B misdemeanor is released on personal recognizance pending arraignment unless release would endanger safety (§ 597:2, XIII). A detained person may seek a hearing on reconsideration within 36 hours after the filing of the motion, excluding weekends and holidays (§ 597:2, XIV(a)). RSA 597:2 What happens after an arrest.
Can a conviction for trespassing be removed from my record in New Hampshire?
Each state sets its own rules for sealing or expunging records. See New Hampshire expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.