Trespassing might seem like a minor offense, but in certain situations, it can be classified as a felony—a charge that carries serious long-term consequences. Whether you’re a property owner or someone facing criminal trespass charges, knowing where the line is drawn could save you from costly legal trouble.
According to the U.S. Department of Justice, criminal trespass laws fall under state jurisdiction, meaning they vary from one state to another. However, the federal government treats unlawful entry into government property as a federal crime under 18 U.S. Code § 1382.
What Exactly Is Criminal Trespass?
Criminal trespassing happens when a person enters or remains on property without permission from the owner—knowing they shouldn’t be there.
But it’s not always that black-and-white. Here’s what the law generally looks for:
- Was there intent to enter or stay without permission?
- Was the property posted with signs or fences?
- Did the person receive a verbal or written warning?
- Did they refuse to leave when asked?
Legal Definition
“A person commits criminal trespass when they knowingly enter or remain unlawfully in or on the premises of another.” – This is the baseline definition used by many states.
Types of Trespassing in the U.S.
There are three major types of trespassing offenses, and not all of them are criminal:
1. Civil Trespass
This isn’t a crime—it’s a property-related dispute. A landowner may sue someone for damages (money), but no one goes to jail.
Example: A hiker wanders into private property and causes damage.
2. Criminal Trespass (Misdemeanor)
This is the most common kind. It typically involves knowingly entering property without permission and may result in arrest, jail time, or fines.
Example: Ignoring a “No Trespassing” sign and entering a fenced backyard.
3. Felony Trespass
This is the most serious and usually involves aggravating factors such as:
- Carrying a weapon
- Breaking and entering
- Trespassing on government or critical infrastructure
- Intent to commit another crime (like theft, vandalism, or assault)
Example: Breaking into a school with a firearm after hours.
Is Trespassing a Felony?
Trespassing is not automatically a felony.
Most trespassing cases are misdemeanors. However, under specific circumstances, it can escalate to a felony charge.
When Does It Become a Felony?
Felony trespassing occurs when:
| Circumstance | Explanation |
|---|---|
| Armed Trespass | If you’re carrying a deadly weapon while trespassing, it’s a felony in most states. |
| Repeated Offense | If you’ve trespassed before and do it again, some states elevate it to felony status. |
| Government Property | Trespassing on military bases, courthouses, or nuclear facilities can result in federal felony charges. |
| Intent to Commit a Crime | If you’re trespassing with intent to steal, assault, or vandalize, prosecutors can add felony charges. |
Learn More: Is Reckless Driving a Felony?
How Trespass Laws Vary by State?
Each state has its own legal code and definitions for trespass.
| State | Misdemeanor Trespass | Felony Trespass | Legal Code / Statute |
|---|---|---|---|
| Alabama | Entry without permission | With intent to commit crime or armed | Code § 13A-7-1 |
| Alaska | Unlawful entry of land | Trespass into dwelling with intent | AS § 11.46.320 |
| Arizona | Entering posted property | Trespass in residential or school property with prior warning | ARS § 13-1502 to 1504 |
| Arkansas | Entering after notice not to | Entry with intent to cause damage or commit felony | AR Code § 5-39-203 |
| California | Entry without consent | If part of stalking, repeated offenses | Penal Code § 602 |
| Colorado | Unlawful entry into premises | Entry into dwelling or with criminal intent | C.R.S. § 18-4-502 |
| Connecticut | Entry without license or privilege | Armed trespass in building | CGS § 53a-109 to 53a-110a |
| Delaware | Knowingly entering without consent | Trespassing with burglary tools or intent to commit crime | DE Code Title 11 § 820 |
| Florida | Entering without warning | Armed or refusal to leave | FL Statutes § 810.08 |
| Georgia | Damage under $500 or entry without consent | Damage over $500 or threats | O.C.G.A § 16-7-21 |
| Hawaii | Entry on private land after notice | Trespass on agricultural land at night | HRS § 708-814 |
| Idaho | Entry without permission or signage | Armed or on critical infrastructure | Idaho Code § 18-7008 |
| Illinois | Unauthorized entry to property | Trespass in school or government facility with intent | 720 ILCS 5/21-1 |
| Indiana | Knowingly enters property without consent | Trespass in dwelling or intent to harm | IC § 35-43-2-2 |
| Iowa | Entry on land after being told to leave | Trespass with intent to commit crime | IA Code § 716.7 |
| Kansas | Criminal trespass after notice | With intent or prior conviction | KS Stat § 21-5808 |
| Kentucky | Unlawful presence on property | Trespass with firearm or criminal intent | KRS § 511.060 |
| Louisiana | Unauthorized entry | Entry with weapon or to commit crime | LA RS § 14:63 |
| Maine | Entering land with notice posted | Armed entry or criminal intent | 17-A MRSA § 402 |
| Maryland | Entry after being notified not to | Trespass on school, gov’t, or industrial site | MD Code, Crim. Law § 6-403 |
| Massachusetts | Entry without authority | Trespass with intent to intimidate or armed | MA Gen Laws c.266 § 120 |
| Michigan | Entry without permission | Trespass to commit another felony | MCL § 750.552 |
| Minnesota | Entry on posted land or building | With intent to steal, damage or harm | Minn. Stat § 609.605 |
| Mississippi | Trespass after being told to leave | Armed or repeat offender | MS Code § 97-17-97 |
| Missouri | Entry without license or posted warning | Intent to commit assault or felony | MO Rev Stat § 569.140 |
| Montana | Entry without consent | Entry with criminal intent | MCA § 45-6-203 |
| Nebraska | Entering posted property or without consent | Trespass with criminal intent or tools | NE Rev Stat § 28-520 |
| Nevada | Entry on posted land | Trespass with intent to commit crime | NRS § 207.200 |
| New Hampshire | Knowingly enters or remains | Armed or intent to harm | NH RSA 635:2 |
| New Jersey | Entry on private or restricted land | Trespass on utility or public infrastructure | NJ Stat § 2C:18-3 |
| New Mexico | Unlawful entry into property | Trespass with intent to commit felony | NM Stat § 30-14-1 |
| New York | Entry into public or private property without permission | Entry into dwelling with weapon or criminal intent | NY Penal Law § 140 |
| North Carolina | Entry after notice or posted signs | Entry with intent to commit felony or carry weapon | N.C. Gen. Stat. § 14-159.13 |
| North Dakota | Entry on private property after notice | Armed or intent to commit serious offense | NDCC § 12.1-22-03 |
| Ohio | Entry onto land/building without permission | Trespass in habitation or with criminal purpose | ORC § 2911.21 |
| Oklahoma | Unlawful presence after notice | Entry with burglary tools or violent intent | OK Stat § 21-1835 |
| Oregon | Criminal trespass in second degree (unlawful entry) | First-degree (dwelling, school, etc.) | ORS § 164.245, § 164.255 |
| Pennsylvania | Entry with notice against | Armed or with criminal intent | 18 Pa.C.S. § 3503 |
| Rhode Island | Entry without right or notice to leave | Trespass to stalk or intimidate | R.I. Gen. Laws § 11-44-26 |
| South Carolina | Entry after verbal or posted notice | Entry with criminal purpose or danger | SC Code § 16-11-620 |
| South Dakota | Unauthorized entry to land | With firearm or intent to commit felony | SDCL § 22-35-6 |
| Tennessee | Entry with signs or verbal warning | Trespass with intent to steal or harm | Tenn. Code Ann. § 39-14-405 |
| Texas | Entry without consent | Armed or on critical infrastructure | Penal Code § 30.05 |
| Utah | Entry without permission or notice | Entry to commit theft or assault | Utah Code § 76-6-206 |
| Vermont | Entry after notice | With criminal purpose | 13 V.S.A. § 3705 |
| Virginia | Entry after being told not to or posted | Trespass with intent to commit felony | VA Code § 18.2-119 |
| Washington | Entry without lawful authority | Trespass with intent or repeat offense | RCW § 9A.52.070 |
| West Virginia | Entry after posted or verbal notice | Armed or with criminal motive | WV Code § 61-3B-1 |
| Wisconsin | Entry of land or building after notice | Trespass with criminal or violent intent | Wis. Stat. § 943.13 |
| Wyoming | Entry without permission or posted warning | Armed or damaging property | WY Stat § 6-3-303 |
Some Case Studies
- Trespassing at Disney World (Florida, 2023)
A man was charged with misdemeanor trespass for sneaking into a closed waterpark after hours. He was arrested and fined $1,000. - Armed Trespass in Texas (2022)
A protestor carrying a loaded handgun entered a power substation area. The charge was elevated to felony criminal trespass on critical infrastructure. - Felony Trespass in New York (2024)
A man broke into a high school gym at night with a crowbar. Even though he didn’t steal anything, he was charged with felony trespass and possession of burglary tools.
Penalties for Criminal Trespassing
Here’s what you could be facing if convicted:
| Offense Level | Jail Time | Fines | Other Consequences |
|---|---|---|---|
| Civil Trespass | None | Typically $100–$5,000 | Possible lawsuit |
| Misdemeanor Trespass | Up to 1 year | $500–$2,000 | Probation, community service |
| Felony Trespass | 1 to 10 years | $2,000–$10,000+ | Permanent criminal record, loss of rights (e.g., gun ownership, voting) |
Possible Defenses Against Trespass Charges
If you’re facing a criminal trespass charge, here are a few common legal defenses:
- Lack of Intent: You didn’t knowingly enter unlawfully.
- No Clear Notice: Property wasn’t properly marked or fenced.
- Consent Given: You were invited or had permission.
- Necessity/Emergency: You entered to avoid harm or during an emergency.
- Mistaken Identity: Someone else committed the trespass.
Always consult with a criminal defense attorney if charged.
Can You Get a Criminal Record Expunged?
In many states, misdemeanor trespass can be expunged after a certain time period—especially if it’s a first offense and there were no aggravating factors. Felony trespass, however, is much harder to erase.
Check your state’s expungement laws or consult a lawyer.
How to Stay on the Right Side of the Law?
Property lines aren’t always obvious. Here’s how to avoid criminal trespass:
- Respect signs and fences
- Ask for permission to enter land or buildings
- Stay updated on local property laws
- Use apps like OnX or county GIS to check property boundaries
- Teach kids and teens about private property laws
Final Thoughts
So, is trespassing a felony? Sometimes—yes. Criminal trespass is usually treated as a misdemeanor, but under the wrong conditions, it can easily turn into a felony charge that could haunt you for years.
If you’re a property owner, post signs and secure your land.
If you’re someone exploring or protesting—know where you’re standing.
FAQs
Can you be arrested for trespassing without warning?
Yes. In many states, if signs or fencing are clearly posted, no personal warning is needed.
Is it trespassing if the door was open?
Yes. If you enter without permission, it’s still trespassing—even if the door is open.
What if I didn’t know it was private property?
That might help your case. But many laws say “should have known” based on fencing, signs, or common sense.
Is it trespassing if you’re protesting on someone’s lawn?
Most likely yes, unless it’s public property. First Amendment rights don’t excuse trespassing on private land.
