Trespassing Laws by State (2026)
How each state charges trespassing and the maximum penalties, from each state criminal code.
| State | Trespassing |
|---|---|
| Alabama | Criminal trespass is knowingly entering or remaining unlawfully on property. Entering or remaining unlawfully in or upon premises is criminal trespass in the third degree, a violation (not more than 30 days in jail and a fine not to exceed $200). Doing so in a building or on real property fenced or enclosed to keep out intruders is criminal trespass in the second degree, a Class C misdemeanor (not more than three months; fine up to $500). Doing so in a dwelling (or on the premises of a licensed medical cannabis cultivator or processor) is criminal trespass in the first degree, a Class A misdemeanor (not more than one year; fine up to $6,000). Ala. Code 1975 §§ 13A-7-2, 13A-7-3, 13A-7-4, 13A-5-7, 13A-5-12 |
| Alaska | Criminal trespass in the second degree is knowingly entering or remaining unlawfully in or upon premises, or in a propelled vehicle; it is a Class B misdemeanor (up to 90 days in jail and a fine up to $2,000). Criminal trespass in the first degree, a Class A misdemeanor (up to 1 year and a fine up to $25,000), is knowingly entering or remaining unlawfully in a dwelling, or entering or remaining unlawfully on land with intent to commit a crime there. Entering a building unlawfully with intent to commit a crime inside is burglary, a felony. AS 11.46.320, 11.46.330; AS 12.55.135 |
| Arizona | Criminal trespass in the third degree, a class 3 misdemeanor (up to thirty days, up to $500), is knowingly entering or remaining on real property after a reasonable request to leave or reasonable notice prohibiting entry, or on railroad tracks and yards. Criminal trespass in the second degree, a class 2 misdemeanor (up to four months, up to $750), is knowingly entering or remaining unlawfully in a nonresidential structure or a fenced commercial yard. Criminal trespass in the first degree covers a fenced residential yard or peering into a home from its yard (class 1 misdemeanor), entering or remaining unlawfully in a residential structure or desecrating a religious symbol on another's property (class 6 felony), and a critical public service facility (class 5 felony). A.R.S. §§ 13-1502, 13-1503, 13-1504 |
| Arkansas | Criminal trespass is purposely entering or remaining unlawfully in or upon another person's vehicle or premises, or critical infrastructure. It is a Class C misdemeanor (up to 30 days, up to $500) in the ordinary case; a Class B misdemeanor (up to 90 days) when the vehicle or premises is an occupiable structure or the conduct involves removing a posted sign or fence; and a Class A misdemeanor (up to 1 year) when the person has a prior trespass conviction or is carrying items such as a killing or harvesting device, artifact-hunting equipment, or a lock- or fence-breaking tool. It is a Class D felony (up to 6 years, up to $10,000) when the person has two or more Class A misdemeanor trespass convictions or the premises is critical infrastructure. Ark. Code § 5-39-203(a), (b); 5-4-401; 5-4-201 |
| California | California's trespass statute lists many specific forms of trespass, most of them misdemeanors punishable by up to 6 months in county jail and/or a fine of up to $1,000. For example, entering someone else's land to injure property or to interfere with a lawful business carried on there is trespass, as is entering and occupying someone else's property without consent. Entering or remaining in someone else's home without consent is a separate misdemeanor; if a resident or other authorized person is present, it is aggravated trespass, punishable by up to 1 year in county jail and/or a fine of up to $1,000. Cal. Penal Code §§ 19, 602(k), 602(m), 602.5(a), (b); CALCRIM Nos. 2930, 2931 |
| Colorado | Third degree criminal trespass, unlawfully entering or remaining on another's premises, is a petty offense (up to ten days and $300). Second degree criminal trespass, entering or remaining on fenced or enclosed premises or the common areas of a hotel, motel, condominium or apartment building, is also a petty offense, while unlawfully entering another person's motor vehicle is a class 2 misdemeanor. First degree criminal trespass, knowingly and unlawfully entering or remaining in another person's dwelling, is a class 1 misdemeanor, but a class 6 felony if the dwelling is inhabited or occupied; entering a vehicle with intent to commit a crime inside is a class 1 misdemeanor. Trespassing on agricultural land with intent to commit a felony there is a class 5 felony. C.R.S. §§ 18-4-502, 18-4-503, 18-4-504 |
| Connecticut | Entering or staying on any premises knowing one is not allowed, without intent to harm property, is simple trespass, an infraction. Criminal trespass in the third degree (entering posted or fenced land or state institution grounds, or posted public land) is a Class C misdemeanor, but entering for hunting, trapping or fishing is a Class B misdemeanor with a fine of five hundred to one thousand dollars. Knowingly entering or remaining in a building, or on public land, without permission is second degree, a Class B misdemeanor (up to six months). Staying after being personally told to leave by the owner or an authorized person, or entering in violation of a restraining or protective order, is first degree, a Class A misdemeanor (up to one year and $2,000). Conn. Gen. Stat. §§ 53a-107, 53a-108, 53a-109, 53a-110a, 53a-36, 53a-42 |
| Delaware | Knowingly entering or remaining unlawfully on real property is criminal trespass in the third degree, a violation (fine only, up to $345 for a first offense). Entering or remaining unlawfully in a building, or on land fenced or enclosed to keep intruders out, is criminal trespass in the second degree, an unclassified misdemeanor (up to 30 days and $575). Entering or remaining unlawfully in a dwelling, or a building used to house or raise animals, is criminal trespass in the first degree, a Class A misdemeanor (up to 1 year and $2,300). Trespassing to peer or peep into a window or door is a Class B misdemeanor. 11 Del. C. §§ 820, 821, 822, 823, 4206, 4207 |
| District of Columbia | Trespassing is called unlawful entry in D.C. Entering or trying to enter a private dwelling, building or other property against the will of the lawful occupant, or refusing to leave when the occupant or person in charge demands it, is a misdemeanor punishable by up to 180 days in jail, a fine, or both. Being found in a vacant, boarded-up or secured property, or one that displays a no trespassing sign, is prima facie evidence of entry against the owner's will. Unlawful entry into a public building or other public property, or refusing to leave it on demand, is a misdemeanor punishable by up to 6 months, a fine, or both. D.C. Code § 22-3302 |
| Florida | Trespass in a structure or conveyance, willfully entering or remaining without permission, or refusing to leave after being warned by the owner, is a second-degree misdemeanor (up to 60 days); it is a first-degree misdemeanor (up to 1 year) if a person is inside, and a third-degree felony (up to 5 years) if the trespasser is armed with a firearm or other dangerous weapon. Trespass on other property (land) is a first-degree misdemeanor when notice against entering was given by actual communication, posting, fencing or cultivation, or when the person enters the unenclosed yard of a home intending to commit an offense, or defies an order to leave; it is a third-degree felony if the trespasser is armed or the land is a properly posted construction site. Fla. Stat. §§ 810.08, 810.09 |
| Georgia | Criminal trespass includes knowingly and without authority entering another's land or premises for an unlawful purpose, entering after prior notice that entry is forbidden, or remaining after being told to leave. It also covers damaging another's property by $500.00 or less and knowingly and maliciously interfering with someone's use of their property. The code does not grade it by land versus building: a person who commits criminal trespass 'shall be guilty of a misdemeanor' (up to $1,000.00 and 12 months in jail under § 17-10-3). O.C.G.A. §§ 16-7-21(a), (b), (d); 17-10-3 |
| Hawaii | Knowingly entering or remaining unlawfully on any premises is simple trespass, a violation (fine only). Criminal trespass in the second degree, a petty misdemeanor (up to 30 days), covers entering fenced or enclosed premises, staying on commercial premises after a written warning to leave issued within the past year, and entering certain fenced or posted unimproved land. Criminal trespass in the first degree, a misdemeanor (up to one year and $2,000), covers knowingly entering or remaining unlawfully in a dwelling or on hotel or apartment premises, entering fenced premises while carrying a firearm, and staying on school grounds after a warning to leave (no warning is needed between 10 p.m. and 5 a.m.). Haw. Rev. Stat. §§ 708-813, 708-814, 708-815 |
| Idaho | Criminal trespass is entering or staying on someone else's real property without permission when the person knows or has reason to know they are not allowed, such as after being told to leave, or on land that is cultivated, fenced, or posted with "no trespassing" signs or orange paint. A first offense with no damage, where the person did not stay after being ordered to leave, is an infraction with a $300 fine; otherwise a first offense is a misdemeanor with up to six months in jail and a fine of $500 to $1,000. A second violation within five years carries up to six months and a $1,500 to $3,000 fine, and two or more prior violations within ten years carry up to one year and a $5,000 to $10,000 fine. Trespass that causes more than $1,000 in damage is a misdemeanor with larger fines, and becomes a felony (one to five years, fine of $15,000 to $50,000) with two or more prior violations within ten years. Idaho Code § 18-7008 |
| Illinois | Criminal trespass to real property covers knowingly entering or staying in a building without lawful authority, entering land after being told (in person, in writing, or by posted signs) that entry is forbidden, staying on land after being told to leave, or using false identity to get permission to enter. These are Class B misdemeanors (up to 6 months in jail, fine up to $1,500). Driving a motor vehicle onto cropland, a livestock area or an orchard after notice is a Class A misdemeanor (less than one year, fine up to $2,500), and the landowner can also sue for damages. Owners may post land with purple paint marks on trees or posts as notice (except in Chicago), and the law does not apply to buildings open to the public during normal hours or to emergencies. 720 ILCS 5/21-3(a), (b), (b-5), (b-15), (f), (h), (i); 730 ILCS 5/5-4.5-60, -55 |
| Indiana | Criminal trespass includes knowingly or intentionally entering another person's real property, without a contractual interest in it, after being denied entry by the owner, the owner's agent or a law enforcement officer acting for them; refusing to leave after being asked; and entering another person's dwelling without consent. Entry can be denied by personal communication (oral or written), a notice posted at the main entrance, a court or hearing-authority order, or purple paint marks on trees or posts. Criminal trespass is a Class A misdemeanor (up to one year and a $5,000 fine), and a Level 6 felony if committed on school property, a school bus, a public utility facility or a scientific research facility, or by someone with a prior trespass conviction concerning the same property. Ind. Code § 35-43-2-2(b), (c) |
| Iowa | Trespass includes entering property without permission intending to commit a crime or to damage or harass, staying on property after being told to leave or after a no-entry notice is posted at the main entrance, interfering with others' lawful use of property, and peeping into a dwelling window where a person expects privacy. Knowingly trespassing is a simple misdemeanor handled as a scheduled violation, and police may arrest someone who refuses to leave after a citation. Trespass that injures a person or causes more than $300 in damage is a serious misdemeanor, as is peeping into a dwelling. Trespass on enclosed public utility property is a class "D" felony, and trespass with intent to commit a hate crime is a serious or aggravated misdemeanor. Iowa Code §§ 716.7(2), 716.8(1)-(7) (Iowa Code 2026) |
| Kansas | Criminal trespass is knowingly entering or staying on land, a structure, a vehicle, an aircraft or a watercraft without permission after being told personally not to enter or to leave, when the property is posted, locked, fenced or otherwise enclosed, or in defiance of a served restraining or protection order. It also covers blocking access to a health care facility after being told to leave. Criminal trespass is a class B nonperson misdemeanor (up to six months in jail and a fine up to $1,000). Trespassing in violation of a served protective or restraining order requires at least 48 consecutive hours in jail. K.S.A. 21-5808(a), (b); 21-6602; 21-6611 |
| Kentucky | Criminal trespass in Kentucky has three degrees. Knowingly entering or remaining unlawfully in a dwelling is first degree, a Class A misdemeanor. Unlawfully entering or remaining in a building, on fenced or enclosed premises, or in a workplace while making threats after being warned, is second degree, a Class B misdemeanor; a second offense within three years is a Class A misdemeanor. Purple paint marks on trees or posts count as notice against trespass. Knowingly entering or remaining unlawfully on any premises is third degree, a violation (fine up to $250), rising to a Class B misdemeanor for a second offense within three years. All three are graded higher during a declared emergency in the disaster area. KRS 511.060, 511.070 (eff. July 15, 2026), 511.080 (eff. July 15, 2026); 532.090; 534.040 |
| Louisiana | Criminal trespass covers entering a building, vehicle, boat, or land owned by someone else without permission, and staying on property after being told to leave, including squatters who stay after notice or more than five days after a written notice to vacate. Penalties rise with repeat offenses: first offense, a fine of $100 to $500, up to 30 days, or both; second, $300 to $750, up to 90 days, or both; third or later, $500 to $1,000, 60 days to six months, or both, plus forfeiture of seized property. Owners may post notice with signs or purple paint marks. La. R.S. 14:63(A)-(C), (G), (J) |
| Maine | Criminal trespass is entering or staying somewhere knowing you are not licensed or privileged to do so. Entering a dwelling place is a Class D crime (less than one year in jail, fine up to $2,000). Entering a locked or barred structure, entering posted or fenced land, remaining after a lawful order to leave, entering after a lawful order not to enter, or being in a cemetery at night (from half an hour after sunset to half an hour before sunrise, unless allowed) are Class E crimes (up to 6 months and $1,000). 17-A M.R.S. §§ 402(1), 1604(1) |
| Maryland | Entering or trespassing on property that is conspicuously posted against trespass (by signs or approved paint marks), or entering or staying on private property after the owner or agent has told you not to, is a misdemeanor. A first violation carries up to 90 days, a fine up to $500, or both; a second violation within 2 years carries up to 6 months and/or $1,000; each later violation within 2 years of the last carries up to 1 year and/or $2,500. Breaking and entering someone's home without intent to commit a crime is charged as fourth-degree burglary (misdemeanor, up to 3 years). Md. Code, Crim. Law §§ 6-402, 6-403, 6-205 |
| Massachusetts | Trespass is entering or staying, without right, in or on another's dwelling, building, boat, improved or enclosed land, wharf, pier or school bus after being forbidden by the person in control, directly or by posted notice, or in violation of certain court orders. It is a misdemeanor punishable by a fine up to $100, up to 30 days in jail, or both. The statute does not apply to a tenant or occupant who entered lawfully and stays after the tenancy ends; the owner must use civil eviction. G.L. c. 266, § 120 |
| Michigan | Trespass is entering someone's land or premises after being forbidden, staying after being told to leave, or entering or remaining on fenced or posted farm property without consent. It is a misdemeanor punishable by up to 30 days in county jail, a fine up to $250, or both. Breaking into or entering a home without permission to commit a misdemeanor is charged more seriously as third-degree home invasion (a felony up to 5 years). MCL 750.552, 750.110a(4) |
| Minnesota | Criminal trespass is a misdemeanor (up to 90 days and/or $1,000) in most forms, including refusing to leave someone's property when the lawful possessor demands it, entering another's dwelling or a locked or posted building without consent, returning within one year after being told to leave and not return, and entering a locked or posted construction or mining site. It is a gross misdemeanor (up to 364 days and/or $3,000) to trespass on a battered women's shelter or similar facility and refuse to leave, to enter posted agricultural land where commercial animals are kept, or for a group of three or more to enter a school building without a qualifying person. The trespass statute contains no felony level. Minn. Stat. § 609.605, subds. 1, 2, 4, 5 |
| Mississippi | Going into or remaining on another's building, premises or land without legal authority after being forbidden to do so, orally, in writing or by posted signs, is a misdemeanor punished by a fine of not more than $500, up to six months in jail, or both (§ 97-17-97). Separately, knowingly entering another's land without the permission of the owner, lessee or agent is a misdemeanor with a $250 fine for a first offense and higher penalties for a second offense within five years (§ 97-17-93). Miss. Code Ann. §§ 97-17-97, 97-17-93 |
| Missouri | Trespass in the first degree is knowingly entering or remaining unlawfully in a building or inhabitable structure, or on land that is fenced or enclosed to keep intruders out or where notice against trespass was given in person or by posting. It is a class B misdemeanor (up to six months in jail and a $1,000 fine), a class A misdemeanor if the victim is targeted as a law enforcement officer or an officer's close relative, and a class E felony if the property is part of a nuclear power plant. Simply entering unlawfully on someone else's land, without the notice or fencing required for first degree, is trespass in the second degree, an infraction (fine up to $400). RSMo §§ 569.140 (effective 8/28/2018), 569.150; § 558.002 |
| Montana | Criminal trespass to property is knowingly entering or remaining unlawfully in an occupied structure or on the premises of another. Montana uses one penalty whether the trespass is on land or in a building: a fine not to exceed $500, up to 6 months in county jail, or both, with no higher tier for repeat offenses. A conviction for trespassing on fish, wildlife and parks property, or on any property while hunting, fishing, trapping or collecting antlers or horns, can also cost the person hunting, fishing or trapping privileges for up to 24 months. MCA § 45-6-203 (amended 2025) |
| Nebraska | First-degree criminal trespass is entering or secretly remaining in a building or occupied structure (or a fenced public power facility) knowing you are not allowed to; it is a Class I misdemeanor (up to one year, $1,000, or both). Second-degree criminal trespass is entering or remaining on property where notice against trespass was given (or using a drone to spy on someone in a private place on another's property); it is a Class III misdemeanor (up to three months, $500, or both), or a Class II misdemeanor if the person defies an order to leave personally given by the owner or another authorized person. Neb. Rev. Stat. §§ 28-520, 28-521, 28-106 |
| Nevada | Trespass is going onto another's land or into a building to vex or annoy the owner or occupant or to commit an unlawful act, or willfully going onto or staying on land or in a building after being warned against trespassing within the previous 36 months. A sufficient warning can be fluorescent orange paint marks, a fence, 'no trespassing' signs posted at required intervals, cultivated cropland, or a direct demand by the owner or occupant to leave. Trespass is a misdemeanor (up to 6 months in jail, a $1,000 fine, or both); the statute uses the same grade for land and buildings. NRS 207.200; NRS 193.150 |
| 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. RSA 635:2 (amended eff. Jan. 1, 2025) |
| New Jersey | Criminal trespass has two forms in New Jersey. Unlicensed entry — knowingly entering or secretly remaining in a structure (or a separately secured or occupied part of one), research facility, utility company property, or an airport's sterile or operational area without permission — is a disorderly persons offense, but a crime of the fourth degree (up to 18 months) if committed in a dwelling or in a school or on school property (§ 2C:18-3(a)). 'Defiant trespass' — knowingly entering or remaining in any place after notice against trespass is given by actual communication, posting, or fencing or other enclosure manifestly designed to exclude intruders — is a petty disorderly persons offense (up to 30 days) (§ 2C:18-3(b)). N.J.S. 2C:18-3(a), (b); N.J.S. 2C:43-6(a); N.J.S. 2C:43-8 |
| New Mexico | Criminal trespass in New Mexico is knowingly entering or remaining on posted private property without written permission from the owner or person in control; on unposted land knowing the owner or occupant has denied or withdrawn consent; or on state or local government land knowing the custodian has denied or withdrawn consent. Criminal trespass is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)) (§ 30-14-1(E)). Entering another's land without prior permission and damaging the land or its improvements is also a misdemeanor, and the person is liable for civil damages equal to double the value of the damage (§ 30-14-1(D)). Trespass connected with hunting, fishing or trapping also leads to revocation of the hunting or fishing license for not less than three years. NMSA 1978, § 30-14-1; § 31-19-1 |
| New York | Knowingly entering or remaining unlawfully in or on any premises is trespass, a violation (up to 15 days and $250). It is criminal trespass in the third degree, a class B misdemeanor (up to three months and $500), when the place is a building or real property fenced or enclosed to keep out intruders, or a school, public housing project or posted railroad right-of-way in violation of posted rules or a direct order to leave. Unlawfully entering or remaining in a dwelling is criminal trespass in the second degree, a class A misdemeanor (up to 364 days and $1,000). Criminal trespass in the first degree, a class D felony (up to 7 years), is unlawfully entering or remaining in a building while possessing explosives, a deadly weapon, or a firearm with ammunition. N.Y. Penal Law §§ 140.05, 140.10, 140.15, 140.17 |
| North Carolina | Second-degree trespass is entering or staying on someone's property after being told not to or when it is posted with no-trespassing notices; it is a Class 3 misdemeanor (up to 20 days depending on prior convictions, fine up to $200). Entering or staying on the curtilage of someone's dwelling between midnight and 6:00 A.M. is a Class 2 misdemeanor. First-degree trespass, a Class 2 misdemeanor, is entering or staying without authorization in someone else's building or on premises enclosed or secured to keep out intruders. First-degree trespass becomes a Class I felony at listed critical facilities (such as water, energy or agricultural facilities) when the person enters a building or climbs a fence, a Class G felony if done to disrupt the facility or in a way that risks serious injury, and a Class I felony with a fine of at least $1,000 when a person reenters property after being removed under a court order or writ of possession. N.C. Gen. Stat. §§ 14-159.12, 14-159.13 |
| North Dakota | Entering or remaining in a dwelling or highly secured premises, knowing one has no right to, is a class C felony (up to 5 years); unlawfully occupying or trespassing on a residential dwelling is a class C felony, and a class B felony for a repeat offense at the same dwelling. Entering or staying in a building or storage structure, or a fenced area designed to exclude intruders, is a class A misdemeanor. Entering land after being told not to or that is posted (with the poster's name on each sign), or refusing to leave when asked, is a class B misdemeanor, and a class A misdemeanor for a second offense within two years. Instead of a criminal charge, an officer may cite someone on posted or fenced land for a noncriminal offense with a $250 fine. N.D.C.C. § 12.1-22-03 |
| Ohio | Criminal trespass is knowingly entering or remaining on someone else's land or premises without permission, recklessly entering after notice (direct notice, posting or a fence), or refusing to leave when told; it is a misdemeanor of the fourth degree (up to 30 days and $250). Entering or remaining on someone's property intending to commit a misdemeanor involving physical harm or the threat of it is aggravated trespass, a misdemeanor of the first degree (up to 180 days and $1,000); entering a critical infrastructure facility intending to destroy or tamper with it is a third-degree felony. Trespassing into a home when someone is present or likely to be present by force, stealth or deception is charged as burglary (a fourth-degree felony). R.C. 2911.21(A), (D)(1); 2911.211; 2911.12(B), (E) |
| Oklahoma | Entering someone's garden, yard, pasture or field after being expressly forbidden or without permission (or refusing to leave a hotel) is trespass punishable by a fine of not more than Two Hundred Fifty Dollars ($250.00); if the trespasser commits or attempts waste, theft or damage it is a misdemeanor punishable by a fine of $50.00 to $500.00, thirty (30) days to six (6) months in county jail, or both. Trespassing on private farm, ranch or forest land without permission carries a fine of $750.00 to $2,000.00 plus restitution; a second offense is a misdemeanor with a fine of $1,500.00 to $2,500.00, thirty (30) days to six (6) months in jail, or both. Entering a store after being banned following a shoplifting, vandalism or disturbance conviction there is trespass punishable by up to $250.00, thirty (30) days in jail, or both. Breaking into a dwelling without permission (without intent to commit a crime) is a misdemeanor. 21 O.S. §§ 1835(A)-(B), 1835.1, 1835.2, 1438(B) |
| Oregon | Entering or remaining unlawfully in a motor vehicle or in or upon premises is criminal trespass in the second degree, a Class C misdemeanor (up to 30 days in jail, fine up to $1,250). It is criminal trespass in the first degree, a Class A misdemeanor (up to 364 days, $6,250), when the person enters or remains unlawfully in a dwelling, re-enters a store during open hours with intent to steal after receiving a merchant's notice of trespass, or enters or remains unlawfully on railroad yards, tracks, bridges or rights of way, among other forms. ORS 164.245, 164.255; 161.615 |
| Pennsylvania | Entering, gaining entry by subterfuge, or secretly remaining in a building or occupied structure without permission is criminal trespass, a felony of the third degree (up to seven years), or a felony of the second degree (up to 10 years) if the person breaks into it. Entering or remaining on property where notice against trespass was given (a defiant trespasser) is a misdemeanor of the third degree (up to one year) if the person defies an order to leave personally communicated by the owner or another authorized person, a misdemeanor of the first degree for defying an order to leave school grounds, and otherwise a summary offense. Entering or remaining on posted or fenced agricultural land is a misdemeanor of the third degree, and a misdemeanor of the second degree if the person defies an order not to enter or to leave. 18 Pa.C.S. § 3503(a), (b), (b.1), (b.2); 1103-1105 |
| Rhode Island | Willful trespass is entering or remaining on another person's land with no legitimate purpose after being forbidden to do so by the owner. It is punishable by a fine not exceeding $1,000, imprisonment for up to one year, or both. The statute has no separate grade for a dwelling; breaking into a dwelling is charged under the breaking-and-entering statutes. When the trespass is a domestic violence crime, the Domestic Violence Prevention Act penalties also apply. R.I. Gen. Laws §§ 11-44-26(a), (c), 11-44-26.1 |
| South Carolina | Entering a dwelling house, place of business or other premises after being warned not to, or refusing to leave when ordered to by the owner or occupant, is punishable by a fine of not more than $200 or up to thirty days in jail. Entering land posted against trespassing is a misdemeanor with a fine up to $100 or up to thirty days. Entering another's land to hunt, fish or cut timber without permission carries up to $200 or thirty days for a first offense and up to $1,000 or six months for a third or later offense. Entering a walled or fenced private enclosure with closed gates between 6 p.m. and 6 a.m. without being an occupant, owner or invitee is a misdemeanor with a fine of $25 to $200 or up to thirty days. S.C. Code §§ 16-11-620, 16-11-600(A), 16-11-610, 16-11-640 |
| South Dakota | Knowingly entering or remaining, without privilege, on property where notice against trespass was given (by telling the person directly, by posting signs, or by fencing designed to keep out trespassers) is a Class 2 misdemeanor (up to thirty days, $500). It becomes criminal trespass, a Class 1 misdemeanor (up to one year, $2,000), if the person defies an order to leave personally communicated by the owner or another authorized person. Knowingly and secretly entering or remaining in any building or structure, or entering a critical infrastructure facility, without privilege is also criminal trespass, a Class 1 misdemeanor. SDCL 22-35-5, 22-35-6; 22-6-2 |
| Tennessee | Criminal trespass is entering or remaining on property, or any portion of property, without the owner's consent; consent may be inferred for property open to the public for commercial activity or that the owner has made open to the public. It is a Class C misdemeanor (up to 30 days and/or $50). A defense applies if the person reasonably believed he or she had consent, did not substantially interfere with the owner's use, and left immediately when asked, but that defense is unavailable where the owner posted signs at major entry points or used purple paint marks with at least one sign. Aggravated criminal trespass (knowingly without consent and intending, knowing, or reckless about causing fear for another's safety, or breaking a gate, fence, lock or other barrier to get in, or recklessly damaging property) is a Class B misdemeanor; it is a Class A misdemeanor in a habitation, a hospital building, on state property, or on school property, and a Class E felony when committed on the home of a law enforcement officer, military member, judge, or elected or appointed official with intent to harass that person because of that status. Tenn. Code Ann. §§ 39-14-405(a)-(c), (g); 39-14-406(a), (c); 40-35-111 |
| Texas | Criminal trespass is entering or staying on or in another's property without consent after notice that entry was forbidden, or after being told to leave. It is generally a Class B misdemeanor (up to 180 days and $2,000). It is a Class C misdemeanor (fine only) on agricultural land within 100 feet of its boundary. It is a Class A misdemeanor (up to one year and $4,000) if committed in a home (habitation) or shelter center, on a Superfund site, or at a critical infrastructure facility, or if the person carries a deadly weapon. Tex. Penal Code §§ 30.05(a), (d); 12.21-12.23 |
| Utah | Criminal trespass is entering or staying unlawfully on property intending to annoy or injure someone or damage property, or to commit a crime other than theft or a felony, or recklessly causing fear for someone's safety; or knowingly entering or staying where notice against entry was given in person, by fencing, or by posted signs. It is a class B misdemeanor (up to six months and $1,000), and a class A misdemeanor (up to 364 days and $2,500) if committed in a dwelling. A trespasser may also owe statutory civil damages. Utah Code §§ 76-6-206(2)-(3), (5); 76-3-204; 76-3-301 |
| Vermont | Unlawful trespass is entering or staying on land or in a place without permission after notice against trespass was given in person, by a police officer, or by posted signs; it is punishable by up to three months and $500, and must be prosecuted within 60 days. Entering another person's car without permission carries the same penalty (up to one year for a repeat offense). Entering a normally locked non-residential building, or a residence in violation of a court order, is punishable by up to one year and $500. Knowingly entering a dwelling house without permission, whether or not anyone is home, is punishable by up to three years and $2,000 (a felony). 13 V.S.A. § 3705(a)-(e) |
| Virginia | Criminal trespass is entering or staying on another person's land, building or premises without legal authority after being told not to, either orally or in writing by the owner or person in charge, by signs posted where they can reasonably be seen, or by a court protective order that the person was served with. It is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine up to $2,500. The trespass statute does not set separate grades for land, buildings or dwellings. Va. Code §§ 18.2-119, 18.2-11 |
| Washington | Criminal trespass in the first degree is knowingly entering or remaining unlawfully in a building; it is a gross misdemeanor (up to 364 days in jail and a fine up to $5,000). Criminal trespass in the second degree is knowingly entering or remaining unlawfully on someone else's premises (such as land) in circumstances that are not first-degree trespass; it is a misdemeanor (up to 90 days and $1,000). Unlawfully entering a dwelling with intent to commit a crime inside is residential burglary, a felony. RCW 9A.52.070, 9A.52.080, 9A.20.021 |
| West Virginia | Trespassing in a building or vehicle (knowingly entering without permission and refusing to leave when asked) is a misdemeanor with a fine of up to $100; being armed with a firearm or dangerous weapon with intent to cause injury raises it to a fine of $100 to $1,000, up to 1 year in jail, or both. Entering a building posted as condemned is a misdemeanor (fine up to $100, up to 6 months in jail, or both). Trespassing on land after notice (told in person, or by posting, fencing or cultivation) is a misdemeanor with fines that rise by offense: $100 to $500 (first), $500 to $1,000 (second), $1,000 to $1,500 (third or later). Defying a personal order to leave, letting out animals, or causing damage is punishable by a fine of $100 to $500, up to 6 months in jail, or both. W. Va. Code §§ 61-3B-2, 61-3B-3 |
| Wisconsin | Trespass to land (entering enclosed, cultivated or undeveloped land, or entering or staying on land after the owner or occupant says not to) is a Class B forfeiture, a civil fine up to $1,000, not a crime. Criminal trespass to a dwelling (intentionally entering or staying in someone else's home without consent, in circumstances tending to provoke a breach of the peace) is a Class A misdemeanor, punishable by up to 9 months in jail, a fine up to $10,000, or both. Entering a building or dwelling without consent with intent to steal or commit a felony is burglary. Wis. Stat. §§ 943.13(1m), 943.14, 939.51(3), 939.52(3) |
| Wyoming | Criminal trespass is entering or remaining on another person's land or premises knowing you are not authorized, or after being told to leave or not to trespass, either personally by the owner, occupant, agent or a peace officer, or by posted signs likely to be seen. It is a misdemeanor punishable by up to six (6) months in jail, a fine of not more than $750, or both. Knowingly entering a building, occupied structure, vehicle or truck cargo area without authority is criminal entry, also a misdemeanor with up to six months and $750. Entering or remaining in an occupied structure and committing or attempting a battery is unlawful entry into an occupied structure, a felony. W.S. 6-3-302, 6-3-303, 6-3-307 |
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.