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UER Forum > UE Encyclopedia > Trespass Law - US (Viewed 16942 times)
Entry: Trespass Law - US
originally posted by Nightskye

[last edit 2/6/2012 3:53 PM by Opheliaism - edited 1 times]

AK – Alaska
The Alaska Statutes

Section 11.46.330 - Criminal trespass in the second degree.
http://www.legis.s...geitems=%7Bbody%7D

(a) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully

(1) in or upon premises; or

(2) in a propelled vehicle.

(b) Criminal trespass in the second degree is a class B misdemeanor.


Section 11.46.320 - Criminal trespass in the first degree.
http://www.legis.s...geitems=%7Bbody%7D

(a) A person commits the crime of criminal trespass in the first degree if the person enters or remains unlawfully

(1) on land with intent to commit a crime on the land; or

(2) in a dwelling.

(b) Criminal trespass in the first degree is a class A misdemeanor.


AL – Alabama
The Code of Alabama

Section 13A-7-4 - Criminal trespass in the third degree.
http://alisdb.legi...a/1975/13A-7-4.htm

(a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(b) Criminal trespass in the third degree is a violation.


Section 13A-7-3 - Criminal trespass in the second degree.
http://alisdb.legi...a/1975/13A-7-3.htm

(a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.

(b) Criminal trespass in the second degree is a Class C misdemeanor.


Section 13A-7-2 - Criminal trespass in the first degree.
http://alisdb.legi...a/1975/13A-7-2.htm

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.


AR – Arkansas
Arkansas Code

Section 5-39-203 – Criminal Trespass
http://170.94.58.9...tm$3.0#JD_5-39-203

(a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon:
(1) A vehicle; or

(2) The premises of another person.

(b) Criminal trespass is a:

(1) Class B misdemeanor if the vehicle or premises involved is an occupiable structure; or

(2) Class C misdemeanor if otherwise committed.


AZ – Arizona
Arizona Revised Statutes

Section 13-502 - Criminal trespass in the third degree; classification
http://www.azleg.g...tle=13&DocType=ARS

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Criminal trespass in the third degree is a class 3 misdemeanor.


Section 13-503 - Criminal trespass in the second degree; classification
http://www.azleg.g...tle=13&DocType=ARS

A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

B. Criminal trespass in the second degree is a class 2 misdemeanor.


Section 13-504 - Criminal trespass in the first degree; classification
http://www.azleg.g...tle=13&DocType=ARS

A. A person commits criminal trespass in the first degree by knowingly:

1. Entering or remaining unlawfully in or on a residential structure.

2. Entering or remaining unlawfully in a fenced residential yard.

3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property.

6. Entering or remaining unlawfully in or on a critical public service facility.

B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.


CA – California
California Penal Code

Penal Code – Section 594-625c – Malicious Mischief
http://www.leginfo...1000&file=594-625c

602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering upon uncultivated
or unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering the lands without the
written permission of the owner of the land, the owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, upon being requested to leave by (1) a peace
officer at the request of the owner, the owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed by a peace officer at the request of the owner, the owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's agent, or the person in lawful possession, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B ) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B ) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport or passenger vessel terminal
after being requested to leave by a peace officer or authorized
personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B ) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
(D) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B ) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both, if the
person refuses to leave the posted area after being requested to
leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.


CO – Colorado
Colorado Revised Statutes

Section 18-4-504 - Third degree criminal trespass.
http://198.187.128...tm&2.0#JD_18-4-504

(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2) Third degree criminal trespass is a class 1 petty offense, but:

(a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and

(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.


Section 18-4-503 - Second degree criminal trespass.
http://198.187.128...tm&2.0#JD_18-4-503

(1) A person commits the crime of second degree criminal trespass if such person:

(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or

(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or

(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.

(2) Second degree criminal trespass is a class 3 misdemeanor, but:

(a) It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and

(b) It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(3) Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of paragraph (c) of subsection (1) of this section, the offender's driver's license shall be revoked as provided in section 42-2-125, C.R.S.


Section 18-4-502 - First degree criminal trespass.
http://198.187.128...tm&2.0#JD_18-4-502

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein. First degree criminal trespass is a class 5 felony.


CT – Connecticut
General Statutes of Connecticut

Section 53a-110a - Simple trespass: Infraction.
http://www.cga.ct....tm#Sec53a-110a.htm

(a) A person is guilty of simple trespass when, knowing that he is not licensed or privileged to do so, he enters any premises without intent to harm any property.

(b) Simple trespass is an infraction.


Section 53a-109 - Criminal trespass in the third degree: Class C misdemeanor.
http://www.cga.ct....htm#Sec53a-109.htm

(a) A person is guilty of criminal trespass in the third degree when, knowing that he is not licensed or privileged to do so: (1) He enters or remains in premises which are posted in a manner prescribed by law or reasonably likely to come to the attention of intruders, or fenced or otherwise enclosed in a manner designed to exclude intruders, or which belong to the state and are appurtenant to any state institution; or (2) he enters or remains in any premises for the purpose of hunting, trapping or fishing.

(b) Criminal trespass in the third degree is a class C misdemeanor.


Section 53a-108 - Criminal trespass in the second degree: Class B misdemeanor.
http://www.cga.ct....htm#Sec53a-108.htm

(a) A person is guilty of criminal trespass in the second degree when, knowing that he is not licensed or privileged to do so, he enters or remains in a building.

(b) Criminal trespass in the second degree is a class B misdemeanor.


Section 53a-107 - Criminal trespass in the first degree: Class A misdemeanor.
http://www.cga.ct....htm#Sec53a-107.htm

(a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, as defined in section 46b-15a, that has been issued against such person, after notice and an opportunity to be heard has been provided to such person, in a case involving the use, attempted use or threatened use of physical force against another person.

(b) Criminal trespass in the first degree is a class A misdemeanor.


DC - District of Columbia (Washington D.C.)
District of Columbia Official Code

Section 22-3302 - Unlawful entry on property.
http://weblinks.we...-1000&trailtype=26

Any person who, without lawful authority, shall enter, or attempt to enter, any public or private dwelling, building, or other property, or part of such dwelling, building, or other property, against the will of the lawful occupant or of the person lawfully in charge thereof, or being therein or thereon, without lawful authority to remain therein or thereon shall refuse to quit the same on the demand of the lawful occupant, or of the person lawfully in charge thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $100 or imprisonment in the Jail for not more than 6 months, or both, in the discretion of the court.


DE – Delaware
Delaware Code

Section 820 - Trespassing with intent to peer or peep into a window or door of another; class B misdemeanor.
http://www.delcode...ndex.htm#P124_6755

A person is guilty of trespassing with intent to peer or peep into a window or door of another when the person knowingly enters upon the occupied property or premises of another utilized as a dwelling, with intent to peer or peep into the window or door of such property or premises and who, while on such property or premises, otherwise acts in a manner commonly referred to as "Peeping Tom." Any person violating this section may be referred by the court to the Delaware Psychiatric Center for examination and for treatment. Justices of the peace shall have concurrent jurisdiction of violations of this section.

Trespassing with intent to peer or peep into a window or door of another is a class B misdemeanor.


Section 821 - Criminal trespass in the third degree; a violation.
http://www.delcode...ndex.htm#P137_7709

A person is guilty of criminal trespass in the third degree when the person knowingly enters or remains unlawfully upon real property.

Criminal trespass in the third degree is a violation.


Section 822 - Criminal trespass in the second degree; unclassified misdemeanor.
http://www.delcode...ndex.htm#P150_8067

A person is guilty of criminal trespass in the second degree when the person knowingly enters or remains unlawfully in a building or upon real property which is fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.

Criminal trespass in the second degree is an unclassified misdemeanor.


Section 823 - Criminal trespass in the first degree; class A misdemeanor.
http://www.delcode...ndex.htm#P163_8565

A person is guilty of criminal trespass in the first degree when the person knowingly enters or remains unlawfully in a dwelling or building used to shelter, house, milk, raise, feed, breed, study or exhibit animals.

Criminal trespass in the first degree is a class A misdemeanor.


FL – Florida
The 2006 Florida Statutes

Section 810.08 - Trespass in structure or conveyance.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=C h0810/SEC08.HTM&Title=-%3E2006-%3ECh0810

(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.

(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(3) As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare.


Section 810.09 - Trespass on property other than structure or conveyance.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=C h0810/SEC09.HTM&Title=-%3E2006-%3ECh0810

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or

2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,

commits the offense of trespass on property other than a structure or conveyance.

(b) As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

(2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: "THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(g) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(h) Any person who in taking or attempting to take any animal described in s. 372.001(10) or (11), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term "potentially lethal projectile" includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.

(i) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(3) As used in this section, the term "authorized person" or "person authorized" means any owner, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner, or his or her agent, to communicate an order to leave the property in the case of a threat to public safety or welfare.


Section 810.12 - Unauthorized entry on land; prima facie evidence of trespass.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0 810/SEC12.HTM&Title=-%3E2006-%3ECh0810

810.12 Unauthorized entry on land; prima facie evidence of trespass.--

(1) The unauthorized entry by any person into or upon any enclosed and posted land shall be prima facie evidence of the intention of such person to commit an act of trespass.

(2) The act of entry upon enclosed and posted land without permission of the owner of said land by any worker, servant, employee, or agent while actually engaged in the performance of his or her work or duties incident to such employment and while under the supervision or direction, or through the procurement, of any other person acting as supervisor, foreman, employer, or principal, or in any other capacity, shall be prima facie evidence of the causing, and of the procurement, of such act by the supervisor, foreman, employer, principal, or other person.

(3) The act committed by any person or persons of taking, transporting, operating, or driving, or the act of permitting or consenting to the taking or transporting of, any machine, tool, motor vehicle, or draft animal into or upon any enclosed and posted land without the permission of the owner of said land by any person who is not the owner of such machine, tool, vehicle, or animal, but with the knowledge or consent of the owner of such machine, tool, vehicle, or animal, or of the person then having the right to possession thereof, shall be prima facie evidence of the intent of such owner of such machine, tool, vehicle, or animal, or of the person then entitled to the possession thereof, to cause or procure an act of trespass.

(4) As used herein, the term "owner of said land" shall include the beneficial owner, lessee, occupant, or other person having any interest in said land under and by virtue of which that person is entitled to possession thereof, and shall also include the agents or authorized employees of such owner.

(5) However, this section shall not apply to any official or employee of the state or a county, municipality, or other governmental agency now authorized by law to enter upon lands or to registered engineers and surveyors and mappers authorized to enter lands pursuant to ss. 471.027 and 472.029. The provisions of this section shall not apply to the trimming or cutting of trees or timber by municipal or private public utilities, or their employees, contractors, or subcontractors, when such trimming is required for the establishment or maintenance of the service furnished by any such utility.

(6) The unlawful dumping by any person of any litter in violation of s. 403.413(4) is prima facie evidence of the intention of such person to commit an act of trespass. If any waste that is dumped in violation of s. 403.413(4) is discovered to contain any article, including, but not limited to, a letter, bill, publication, or other writing that displays the name of a person thereon, addressed to such person or in any other manner indicating that the article last belonged to such person, that discovery raises a mere inference that the person so identified has violated this section. If the court finds that the discovery of the location of the article is corroborated by the existence of an independent fact or circumstance which, standing alone, would constitute evidence sufficient to prove a violation of s. 403.413(4), such person is rebuttably presumed to have violated that section.


GA – Georgia
Georgia Code

Section 16-7-21
http://www.legis.g...apter=7&section=21

(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.
(c) For the purposes of subsection (b) of this Code section, permission to enter or invitation to enter given by a minor who is or is not present on or in the property of the minor´s parent or guardian is not sufficient to allow lawful entry of another person upon the land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied by such minor´s parent or guardian if such parent or guardian has previously given notice that such entry is forbidden or notice to depart.
(d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor.
(e) A person commits the offense of criminal trespass when he or she intentionally defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more deceased persons who served in the military service of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or any of the states thereof, or the Confederate States of America or any of the states thereof if such grave marker, monument, memorial, plaque, or marker is privately owned or located on land which is privately owned.


HI – Hawaii
2006 Hawaii Revised Statutes

Section 708-815 - Simple trespass.
http://www.capitol.../HRS_0708-0815.htm

(1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises.

(2) Simple trespass is a violation.


Section 708-814 - Criminal trespass in the second degree.
http://www.capitol.../HRS_0708-0814.htm

(1) A person commits the offense of criminal trespass in the second degree if:

(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;

(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:

(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708-814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;

(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;

(iii) The name of the person giving the warning along with the date and time the warning was given; and

(iv) The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator; or

(c) The person enters or remains on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders;

(ii) Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows: "Private Property." The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

(iii) At the time of entry, have a visible presence of a crop:

(A) Under cultivation;

(B ) In the process of being harvested; or

(C) That has been harvested.

(2) Criminal trespass in the second degree is a petty misdemeanor.


Section 708-813 - Criminal trespass in the first degree.
http://www.capitol.../HRS_0708-0813.htm

(1) A person commits the offense of criminal trespass in the first degree if:

(a) That person knowingly enters or remains unlawfully:

(i) In a dwelling; or

(ii) In or upon the premises of a hotel or apartment building;

(b) That person:

(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or

(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.

(2) Criminal trespass in the first degree is a misdemeanor.


Section 708-812.6 - Unauthorized entry in a dwelling.
http://www.capitol...0708-0812_0006.htm

(1) A person commits the offense of unauthorized entry in a dwelling if the person intentionally or knowingly enters unlawfully into a dwelling with reckless disregard of the risk that another person was lawfully present in the dwelling, and another person was lawfully present in the dwelling.

(2) Unauthorized entry in a dwelling is a class C felony.

(3) It is an affirmative defense that reduces this offense to a misdemeanor that at the time of the unlawful entry:

(a) There was a social gathering of invited guests at the dwelling the defendant entered;

(b) The defendant intended to join the social gathering; and

(c) The defendant had no intent to commit any unlawful act other than the entry.


IA – Iowa
Iowa Code

Section 716.7 - Trespass defined.
http://nxtsearch.l....0$q=$uq=1$x=$up=1

1. The term "property" shall include any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure whether publicly or privately owned.
2. The term "trespass" shall mean one or more of the following acts:
a. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property. This paragraph does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another.
b. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.
c. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
d. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
e. Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering on to the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.
3. The term "trespass" shall not mean entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.
4. The term "trespass" does not mean the entering upon the right-of-way of a public road or highway.
5. For purposes of this section, "railway property" means all tangible real and personal property owned, leased, or operated by a railway corporation with the exception of any administrative building or offices of the railway corporation.
For purposes of this section, "railway corporation" means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this state.
6. This section shall not apply to the following persons:
a. Representatives of the state department of transportation, the federal railroad administration, or the national transportation safety board who enter or remain upon or in railway property while engaged in the performance of official duties.
b. Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment.
c. Any person who is engaged in the operation of a lawful business on railway station grounds or in the railway depot.


Section 716.8 – Penalties.
http://nxtsearch.l...nt-frameset.htm$q=[field%20folio-destination-name:'sec_716_8']$x=Advanced#0-0-0-12173

1. Any person who knowingly trespasses upon the property of another commits a simple misdemeanor.
2. Any person committing a trespass as defined in section 716.7 which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits a serious misdemeanor.
3. A person who knowingly trespasses on the property of another with the intent to commit a hate crime, as defined in section 729A.2 , commits a serious misdemeanor.
4. A person committing a trespass as defined in section 716.7 with the intent to commit a hate crime which results in injury to any person or damage in an amount more than two hundred dollars to anything, animate or inanimate, located thereon or therein commits an aggravated misdemeanor.


ID – Idaho
Idaho Statutes

Section 18-7008 - TRESPASS -- ACTS CONSTITUTING.
http://www3.state....?sctid=180700008.K

A. Every person who willfully commits any trespass, by either:
1. Cutting down, destroying or injuring any kind of wood or timber
belonging to another, standing or growing upon the lands of another; or
2. Carrying away any kind of wood or timber lying on such lands; or
3. Maliciously injuring or severing from the freehold of another,
anything attached thereto, or the produce thereof; or
4. Digging, taking, or carrying away from any lot situated within the
limits of any incorporated city, without the license of the owner or legal
occupant thereof, any earth, soil, stone; or
5. Digging, taking, or carrying away from any land in any of the cities
of the state, laid down on the map or plan of such city, or otherwise
recognized or established as a street, alley, avenue, or park, without the
license of the proper authorities, any earth, soil or stone; or
6. Willfully opening, tearing down, or otherwise destroying any fence on
the enclosed land of another, or opening any gate, bar, or fence of
another and willfully leaving it open, or using the corral or corrals of
another without the permission of the owner; or
7. Willfully covering up or encumbering in any manner, the land or city
lot of another, without written permission from the owner or custodian
thereof; or
8. Every person, except under landlord-tenant relationship, who, being
first notified in writing, or verbally by the owner or authorized agent of
the owner of real property, to immediately depart from the same and who
refuses to so depart, or who, without permission or invitation, returns
and enters said property within a year, after being so notified; or
9. Entering without permission of the owner or the owner's agent, upon
the real property of another person which real property is posted with "No
Trespassing" signs, is posted with a minimum of one hundred (100) square
inches of fluorescent orange paint except that when metal fence posts are
used, the entire post must be painted fluorescent orange, or other notices
of like meaning, spaced at intervals of not less than one (1) sign, paint
area or notice per six hundred sixty (660) feet along such real property;
provided that where the geographical configuration of the real property is
such that entry can reasonably be made only at certain points of access,
such property is posted sufficiently for all purposes of this section if
said signs, paint or notices are posted at such points of access; or
10. Entering the property of another and, being unprovoked, intentionally
and without the consent of the animal's owner, kills or injures a domestic
animal not his own:
Is guilty of a misdemeanor.


Section 18-7006 - TRESPASS OF PRIVACY.
http://www3.state....?sctid=180700006.K

It shall be unlawful for any person, upon
the private property of another, to intentionally look, peer or peek in the
door, window, or other transparent opening of any inhabited building or other
structure located thereon, without visible or lawful purpose. Any person who
violates the provisions of this section shall be guilty of a misdemeanor.


Section 18-7011 - CRIMINAL TRESPASS -- DEFINITION AND PUNISHMENT.
http://www3.state....?sctid=180700011.K

(1) Any person who, without consent of the owner or person in charge of any lands which are inclosed by fences of any description sufficient to show the boundaries of the
land inclosed, shall go upon such lands and shall leave open any gates on or
about said premises, or who shall tear down or lay down any fencing, or who
shall willfully remove, mutilate, damage or destroy any "No Trespassing" signs
or markers, or who shall go through cultivated crops that have not been
harvested, or who shall damage any property thereon, or who without permission
of the owner or the owner's agent enters the real property of another person
where such real property is posted with "No Trespassing" signs or other
notices of like meaning spaced at intervals of not less than one (1) notice
per six hundred sixty (660) feet along such real property, is guilty of a
misdemeanor and on conviction thereof shall be punished by imprisonment in a
county jail not exceeding six (6) months or by a fine of not less than
twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000)
or by both such fine and imprisonment. Where the geographical configuration of
the real property is such that entry can reasonably be made only at certain
points of access, such property is posted sufficiently for all purposes of
this section if said signs or notices are posted at such points of access.
As used in this subsection and in section 18-7008, Idaho Code: "enters,"
"entry" and "entering" mean going upon or over real property either in person
or by causing any object, substance or force to go upon or over real property.
(2) No motor vehicle shall be willfully or intentionally driven into,
upon, over or through any private land actively devoted to cultivated crops
without the consent of the owner of the land or the tenant, lessee or agent of
the owner of the land actively devoted to cultivated crops. Violation of the
provisions of this section shall be a misdemeanor. For the purpose of this
subsection, motor vehicle shall be defined as set forth in sections 49-114 and
49-123, Idaho Code. Land actively devoted to cultivated crops shall be defined
as land that is used to produce field crops including, but not limited to,
grains, feed crops, legumes, fruits and vegetables.


IL – Illinois
Illinois Compiled Statutes

Article 21 – Damage and Trespass to Property
http://www.ilga.go...al+Code+of+1961%2E


Section 21-3 - Criminal trespass to real property.
(a) Whoever:
(1) knowingly and without lawful authority enters or remains within or on a building; or
(2) enters upon the land of another, after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or
(3) remains upon the land of another, after receiving notice from the owner or occupant to depart; or
(3.5) presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land; or
(4) enters upon one of the following areas in or on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle), after receiving prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart:
(A) any field that is used for growing crops or which is capable of being used for growing crops; or
(B ) an enclosed area containing livestock; or
(C) or an orchard; or
(D) a barn or other agricultural building containing livestock;
commits a Class B misdemeanor.

Article 19 - Burglary
http://www.ilga.go...al+Code+of+1961%2E

Sec. 19-4. Criminal trespass to a residence.
(a) (1) A person commits the offense of criminal trespass to a residence when, without authority, he knowingly enters or remains within any residence, including a house trailer.
(2) A person commits the offense of criminal trespass to a residence when, without authority, he or she knowingly enters the residence of another and knows or has reason to know that one or more persons is present or he or she knowingly enters the residence of another and remains in the residence after he or she knows or has reason to know that one or more persons is present.
(3) For purposes of this Section, in the case of a multi-unit residential building or complex, "residence" shall only include the portion of the building or complex which is the actual dwelling place of any person and shall not include such places as common recreational areas or lobbies.
(b) Sentence.
(1) Criminal trespass to a residence under paragraph (1) of subsection (a) is a Class A misdemeanor.
(2) Criminal trespass to a residence under paragraph (2) of subsection (a) is a Class 4 felony.


IN – Indiana
Indiana Code

IC 35-43-2-2 - Criminal trespass
http://www.in.gov/...le35/ar43/ch2.html

(a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent; or
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad carrier's consent; and
(B ) rides on the outside of a train or inside a passenger car, locomotive, or freight car, including a boxcar, flatbed, or container without lawful authority or the railroad carrier's consent;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written; or
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public.
(c) Subsections (a) and (b) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that the person reasonably believes poses an imminent threat to life or limb.
(5) A person on the station grounds or in the depot of a railroad carrier:
(A) as a passenger; or
(B ) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B ) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier to go on specified railroad property.
(8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.


KS – Kansas
Kansas Statutes

Section 21-3721 - Criminal trespass.
http://www.kslegis...te.do?number=11615

(1) Entering or remaining upon or in any land, nonnavigable body of water, structure, vehicle, aircraft or watercraft other than railroad property as defined in K.S.A. 2005 Supp. 21-3761 and amendments thereto by a person who knows such person is not authorized or privileged to do so, and:

(A) Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; or

(B ) such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entry; or

(C) such person enters or remains therein in defiance of a restraining order issued pursuant to K.S.A. 60-31a05, 60-31a06, K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or K.S.A. 38-1542, 38-1543 or 38-1563, and amendments thereto, and the restraining order has been personally served upon the person so restrained; or

(2) entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner of the health care facility or other authorized person.

(b) As used in this section:

(1) "Health care facility" means any licensed medical care facility, certificated health maintenance organization, licensed mental health center, or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients.

(2) "Health care provider" means any person: (A) Licensed to practice a branch of the healing arts; (B ) licensed to practice psychology; (C) licensed to practice professional or practical nursing; (D) licensed to practice dentistry; (E) licensed to practice optometry; (F) licensed to practice pharmacy; (G) registered to practice podiatry; (H) licensed as a social worker; or (I) registered to practice physical therapy.

(c) (1) Criminal trespass is a class B nonperson misdemeanor.

(2) Upon a conviction of a violation of subsection (a)(1)(C), a person shall be sentenced to not less than 48 consecutive hours of imprisonment which must be served either before or as a condition of any grant of probation or suspension, reduction of sentence or parole.

(d) This section shall not apply to a land surveyor, licensed pursuant to article 70 of chapter 74 of the Kansas Statutes Annotated, and amendments thereto, and such surveyor's authorized agents and employees who enter upon lands, waters and other premises in the making of a survey.


KY – Kentucky
Kentucky Revised Statutes

Section 511.080 - Criminal trespass in the third degree.
http://www.lrc.ky.gov/KRS/511-00/080.PDF

(1) A person is guilty of criminal trespass in the third degree when he knowingly enters
or remains unlawfully in or upon premises.
(2) Criminal trespass in the third degree is a violation.


Section 511.070 - Criminal trespass in the second degree.
http://www.lrc.ky.gov/KRS/511-00/070.PDF

(1) A person is guilty of criminal trespass in the second degree when he knowingly
enters or remains unlawfully in a building or upon premises as to which notice
against trespass is given by fencing or other enclosure.
(2) Criminal trespass in the second degree is a Class B misdemeanor.


Section 511.060 - Criminal trespass in the first degree.
http://www.lrc.ky.gov/KRS/511-00/060.PDF

(1) A person is guilty of criminal trespass in the first degree when he knowingly enters
or remains unlawfully in a dwelling.
(2) Criminal trespass in the first degree is a Class A misdemeanor.


LA – Louisiana
Louisiana Revised Statutes

Section 63 - Criminal trespass
http://www.legis.s.../lss.asp?doc=78584

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.

E. The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:

(1) A duly commissioned law enforcement officer in the performance of his duties.

(2) Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.

(3) Emergency medical personnel engaged in the rendering of medical assistance to an individual.

(4) Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.

(5) Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.

(6) Any person authorized by a court of law to enter or remain on immovable property.

(7) Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.

F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:

(1) A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.

(2) A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.
(3) Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.

(4) An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.

(5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.

(6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.

(7) Any candidate for political office or any person working on behalf of a candidate for a political office.

(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

G. The following penalties shall be imposed for a violation of this Section:

(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.

(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.

(4) A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.

H. The provisions of any other law notwithstanding, owners, lessees, and custodians of structures, watercraft, movable or immovable property shall not be answerable for damages sustained by any person who enters upon the structure, watercraft, movable or immovable property without express, legal or implied authorization, or who without legal authorization, remains upon the structure, watercraft, movable or immovable property after being forbidden by the owner, or other person with authority to do so; however, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of the intentional acts or gross negligence of the owner, lessee or custodian.

I. A minor ten years old or younger shall not be arrested, detained or apprehended for the crime of trespass.


Section 63.3 - Entry on or remaining in places or on land after being forbidden
http://www.legis.s.../lss.asp?doc=78590

A. No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person. For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.

B. Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the parish jail for not more than six months, or both.


MA – Massachusetts
The General Laws of Massachusetts

Chapter 266: Section 16A. Building, vessel or vehicle; breaking and entering with intent to commit misdemeanor
http://www.mass.go...ws/mgl/266-16a.htm

Section 16A. Whoever in the nighttime or daytime breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.


Chapter 266: Section 120. Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted
http://www.mass.go...ws/mgl/266-120.htm

Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.

This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.


MD – Maryland
Maryland Code

Section 6-402 - Trespass on posted property.
http://198.187.128...me.htm&f=templates

(a) Prohibited.- A person may not enter or trespass on property that is posted conspicuously against trespass by:

(1) signs placed where they reasonably may be seen; or
(2) paint marks that:

(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and

(ii) are made on trees or posts that are located:


1. at each road entrance to the property; and

2. adjacent to public roadways, public waterways, and other land adjoining the property.
(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.


Section 6-403 - Wanton trespass on private property.
http://198.187.128...me.htm&f=templates

(a) Prohibited - Entering and crossing property.- A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

(b) Same - Remaining on property.- A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner's agent not to do so.

(c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

(d) Construction of section.- This section prohibits only wanton entry on private property.

(e) Applicability to housing projects.- This section also applies to property that is used as a housing project and operated by a housing authority or State public body, as those terms are defined in Division II of the Housing and Community Development Article, if an authorized agent of the housing authority or State public body gives the required notice specified in subsection (a) or (b) of this section.


ME – Maine
Maine Revised Statutes

Section 402 – Criminal Trespass
http://janus.state...tle17-Asec402.html
§402. Criminal trespass

1. A person is guilty of criminal trespass if, knowing that that person is not licensed or privileged to do so, that person:

A. Enters any dwelling place. Violation of this paragraph is a Class D crime;

B. Enters any structure that is locked or barred. Violation of this paragraph is a Class E crime;

C. Enters any place from which that person may lawfully be excluded and that is posted in accordance with subsection 4 or in a manner reasonably likely to come to the attention of intruders or that is fenced or otherwise enclosed in a manner designed to exclude intruders. Violation of this paragraph is a Class E crime;

D. Remains in any place in defiance of a lawful order to leave that was personally communicated to that person by the owner or another authorized person. Violation of this paragraph is a Class E crime;

E. Enters any place in defiance of a lawful order not to enter that was personally communicated to that person by the owner or another authorized person. Violation of this paragraph is a Class E crime; or

F. Enters or remains in a cemetery or burial ground at any time between 1/2 hour after sunset and 1/2 hour before sunrise the following day, unless that person enters or remains during hours in which visitors are permitted to enter or remain by municipal ordinance or, in the case of a privately owned and operated cemetery, by posting. Violation of this paragraph is a Class E crime.

2.[2001, c. 383, §57 (rp); §156 (aff).]

3.[1979, c. 701, §23 (rp).]

4. For the purposes of subsection 1, paragraph C, property is posted if it is marked with signs or paint in compliance with this subsection. Proof that any posted sign or paint marking is actually seen by an intruder gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that such posted sign or paint marking is posted in a manner reasonably likely to come to the attention of intruders.

A. Signs must indicate that access is prohibited, that access is prohibited without permission of the landowner or the landowner's agent, or that access for a particular purpose is prohibited.

B. Paint markings mean that access is prohibited without permission of the landowner or the landowner's agent. Paint markings must consist of 2 painted horizontal lines per tree, post or other object.

(1) Each line must be a minimum of 2 inches high and at least as long as the width of the object, but need not be more than 8 inches long.

(2) Lines must be painted on the side of the tree, post or other object that is visible to a person approaching the restricted property and must be painted within an area 3 feet to 6 feet above ground level.

(3) The paint must be silver or aluminum colored.

C. Signs or paint must mark the property at intervals no greater than 100 feet and at all vehicular access entries from a public road.

D. Signs or paint markings are required only on the portion of the property where access is prohibited or limited. Signs or paint posted in accordance with this section have no effect on boundaries of property and do not constitute claims of possession or adverse use in accordance with state law.

D-1. Notwithstanding any other provision of this section, a landowner who posts that landowner's land by paint markings and who intends to prohibit access without permission of the landowner or the landowner's agent or intends to prohibit access for a particular purpose may do this by posting in a prominent place one or more qualifying signs that by words or symbols set forth the nature of the prohibition. The landowner need not post the qualifying signs at 100-foot intervals.

E. A person commits criminal mischief and is subject to prosecution under section 806 if that person, without permission of the owner or owner's agent:

(1) Knowingly posts the property of another with a sign or paint mark indicating that access is prohibited, that access is prohibited without permission or that access for a particular purpose is prohibited; or

(2) Removes, mutilates, defaces or destroys a sign or paint mark placed for purposes of this section.

Nothing in this subsection limits any manner of posting reasonably likely to come to the attention of intruders.


MI – Michigan
Michigan Compiled Laws

Chapter LXXXV Trespass
http://www.legislature.mi.gov/(S(fpde14552fxxq524ml3dkpjm))/mileg.aspx?page=getObject&objectName=mcl-328-1931-LXXXV

750.552 Trespass upon lands or premises of another; penalty.

Any person who shall wilfully enter, upon the lands or premises of another without lawful authority, after having been forbidden so to do by the owner or occupant, agent or servant of the owner or occupant, or any person being upon the land or premises of another, upon being notified to depart therefrom by the owner or occupant, the agent or servant of either, who without lawful authority neglects or refuses to depart therefrom, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $50.00, or both, in the discretion of the court.


750.552c Entering or remaining in key facility; prohibition; "key facility" defined; posting signs; violation as felony; penalty; scope of section.

(1) A person shall not intentionally and without authority or permission enter or remain in or upon premises or a structure belonging to another person that is a key facility if the key facility is completely enclosed by a physical barrier of any kind, including, but not limited to, a significant water barrier that prevents pedestrian access, and is posted with signage as prescribed under subsection (2). As used in this subsection, "key facility" means 1 or more of the following:

(a) A chemical manufacturing facility.

(b) A refinery.

(c) An electric utility facility, including, but not limited to, a power plant, a power generation facility peaker, an electric transmission facility, an electric station or substation, or any other facility used to support the generation, transmission, or distribution of electricity. Electric utility facility does not include electric transmission land or right-of-way that is not completely enclosed, posted, and maintained by the electric utility.

(d) A water intake structure or water treatment facility.

(e) A natural gas utility facility, including, but not limited to, an age station, compressor station, odorization facility, main line valve, natural gas storage facility, or any other facility used to support the acquisition, transmission, distribution, or storage of natural gas. Natural gas utility facility does not include gas transmission pipeline property that is not completely enclosed, posted, and maintained by the natural gas utility.

(f) Gasoline, propane, liquid natural gas (LNG), or other fuel terminal or storage facility.

(g) A transportation facility, including, but not limited to, a port, railroad switching yard, or trucking terminal.

(h) A pulp or paper manufacturing facility.

(i) A pharmaceutical manufacturing facility.

(j) A hazardous waste storage, treatment, or disposal facility.

(k) A telecommunication facility, including, but not limited to, a central office or cellular telephone tower site.

(l) A facility substantially similar to a facility, structure, or station listed in subdivisions (a) to (k) or a resource required to submit a risk management plan under 42 USC 7412(r).

(2) A key facility shall be posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall be 1 inch. Each posting sign shall be not less than 50 square inches, and the signs shall be spaced to enable a person to observe not less than 1 sign at any point of entry upon the property.

(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both.

(4) This section does not prohibit and shall be not construed to prevent lawful assembly or a peaceful and orderly petition for the redress of grievances, including, but not limited to, a labor dispute between an employer and its employees.


MN – Minnesota
Minnesota Statutes 2006

Section 609.605 - Trespass
http://ros.leg.mn/...06&section=609.605

609.605 TRESPASS.
Subdivision 1. Misdemeanor. (a) The following terms have the meanings given them for purposes of this section.
(i) "Premises" means real property and any appurtenant building or structure.
(ii) "Dwelling" means the building or part of a building used by an individual as a place of residence on either a full-time or a part-time basis. A dwelling may be part of a multidwelling or multipurpose building, or a manufactured home as defined in section 168.011, subdivision 8.
(iii) "Construction site" means the site of the construction, alteration, painting, or repair
of a building or structure.
(iv) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person on whose behalf a building or dwelling is being constructed, altered, painted, or repaired and the general contractor or subcontractor engaged in that work.
(v) "Posted," as used:
(A) in clause (9), means the placement of a sign at least 11 inches square in a conspicuous place on the exterior of the building that is under construction, alteration, or repair, and additional signs in at least two conspicuous places for each ten acres being protected. The sign must carry an appropriate notice and the name of the person giving the notice, followed by the word "owner" if the person giving the notice is the holder of legal title to the land on which the construction site is located or by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land; and
(B ) in clause (10), means the placement of signs that:
(I) state "no trespassing" or similar terms;
(II) display letters at least two inches high;
(III) state that Minnesota law prohibits trespassing on the property; and
(IV) are posted in a conspicuous place and at intervals of 500 feet or less.
(vi) "Business licensee," as used in paragraph (b), clause (9), includes a representative of a building trades labor or management organization.
(vii) "Building" has the meaning given in section 609.581, subdivision 2.
(b) A person is guilty of a misdemeanor if the person intentionally:
(1) permits domestic animals or fowls under the actor's control to go on the land of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor;
(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;
(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
vegetables growing on the premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or private cemetery without authorization during hours the cemetery is posted as closed to the public;
(7) returns to the property of another with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
(8) returns to the property of another within one year after being told to leave the property
and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
(9) enters the locked or posted construction site of another without the consent of the owner or lawful possessor, unless the person is a business licensee; or
(10) enters the locked or posted aggregate mining site of another without the consent of the owner or lawful possessor, unless the person is a business licensee.
Subd. 2. Gross misdemeanor. Whoever trespasses upon the grounds of a facility providing emergency shelter services for battered women, as defined under section 611A.31, subdivision 3, or of a facility providing transitional housing for battered women and their children, without claim of right or consent of one who has right to give consent, and refuses to depart from the grounds of the facility on demand of one who has right to give consent, is guilty of a gross misdemeanor.
Subd. 3.[Repealed, 1993 c 326 art 2 s 34]
Subd. 4. Trespasses on school property. (a) It is a misdemeanor for a person to enter or be found in a public or nonpublic elementary, middle, or secondary school building unless the person:
(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the school or school district;
(2) has permission or an invitation from a school official to be in the building;
(3) is attending a school event, class, or meeting to which the person, the public, or a
student's family is invited; or
(4) has reported the person's presence in the school building in the manner required for
visitors to the school.
(b) It is a misdemeanor for a person to be on the roof of a public or nonpublic elementary,
middle, or secondary school building unless the person has permission from a school official to be on the roof of the building.
(c) It is a gross misdemeanor for a group of three or more persons to enter or be found in a public or nonpublic elementary, middle, or secondary school building unless one of the persons:
(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee of the school or school district;
(2) has permission or an invitation from a school official to be in the building;
(3) is attending a school event, class, or meeting to which the person, the public, or a
student's family is invited; or
(4) has reported the person's presence in the school building in the manner required for
visitors to the school.
(d) It is a misdemeanor for a person to enter or be found on school property within one year after being told by the school principal or the principal's designee to leave the property and not to return, unless the principal or the principal's designee has given the person permission to return to the property. As used in this paragraph, "school property" has the meaning given in section
152.01, subdivision 14a, clauses (1) and (3).
(e) A school principal or a school employee designated by the school principal to maintain order on school property, who has reasonable cause to believe that a person is violating this subdivision may detain the person in a reasonable manner for a reasonable period of time pending the arrival of a peace officer. A school principal or designated school employee is not civilly or criminally liable for any action authorized under this paragraph if the person's action is based on reasonable cause.
(f) A peace officer may arrest a person without a warrant if the officer has probable cause to believe the person violated this subdivision within the preceding four hours. The arrest may be made even though the violation did not occur in the peace officer's presence.
Subd. 5. Certain trespass on agricultural land. (a) A person is guilty of a gross
misdemeanor if the person enters the posted premises of another on which cattle, bison, sheep, goats, swine, horses, poultry, farmed cervidae, farmed ratitae, aquaculture stock, or other species of domestic animals for commercial production are kept, without the consent of the owner or lawful occupant of the land.
(b) "Domestic animal," for purposes of this section, has the meaning given in section 609.599.
(c) "Posted," as used in paragraph (a), means the placement of a sign at least 11 inches
square in a conspicuous place at each roadway entry to the premises. The sign must provide notice of a biosecurity area and wording such as: "Biosecurity measures are in force. No entrance beyond this point without authorization." The sign may also contain a telephone number or a location for obtaining such authorization.
(d) The provisions of this subdivision do not apply to employees or agents of the state or
county when serving in a regulatory capacity and conducting an inspection on posted premises where domestic animals are kept.


MO – Missouri
Missouri Revised Statutes

Section 569.150.1 - Trespass in the second degree.
http://www.moga.mo...599/5690000150.HTM

569.150. 1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

2. Trespass in the second degree is an infraction.


Section 569.140.1 - Trespass in the first degree.
http://www.moga.mo...599/5690000140.HTM

569.140. 1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner reasonably likely to come to the attention of intruders.

3. Trespass in the first degree is a class B misdemeanor.


MS – Mississippi
Mississippi Code

Section 97-17-85 - Trespass; going upon inclosed land of another.
http://198.187.128...me.htm&f=templates

Except as otherwise provided in Section 73-13-103, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force.


Section 93-17-93 - Entering lands of another without permission; enforcement; relation to other statutes; dismissal of prosecution.
http://198.187.128...me.htm&f=templates

(1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of not less than One Hundred Fifty Dollars ($150.00) nor more than Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment.

This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, or to persons entering upon such lands for lawful business purposes.

(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.

(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.

(3) The provisions of this section are supplementary to the provisions of any other statute of this state.

(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.


Section 97-17-99 - Trespass; inciting or soliciting etc., persons to go into or upon, or remain in or upon, buildings, premises or lands of another.
http://198.187.128...me.htm&f=templates

(1) If any person or persons shall incite, or solicit, or urge, or encourage, or exhort, or instigate, or procure any other person or persons to go into or upon or to remain in or upon any building, or premises, or land of another whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing including any sign hereinafter mentioned, to do so by any owner, or lessee, or custodian, or other authorized person, or knowing such other person or persons to have been forbidden to do so by a sign or signs posted in or upon such building, or premises, or land, or part, or portion thereof, at a place or places where it or they may be reasonably seen, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

(2) The provisions of this section are supplementary to the provisions of any other statute of this state.


MT – Montana
Montana Code Annotated

Section 45-6-201 - Definition of "enter or remain unlawfully".
http://data.opi.mt...mca_toc/45_6_2.htm

45-6-201. Definition of "enter or remain unlawfully". (1) A person enters or remains unlawfully in or upon any vehicle, occupied structure, or premises when he is not licensed, invited, or otherwise privileged to do so. Privilege to enter or remain upon land is extended either by the explicit permission of the landowner or other authorized person or by the failure of the landowner or other authorized person to post notice denying entry onto private land. The privilege may be revoked at any time by personal communication of notice by the landowner or other authorized person to the entering person.
(2) To provide for effective posting of private land through which the public has no right-of-way, the notice provided for in subsection (1) must satisfy the following requirements:
(a) notice must be placed on a post, structure, or natural object by marking it with written notice or with not less than 50 square inches of fluorescent orange paint, except that when metal fenceposts are used, the entire post must be painted; and
(b) the notice described in subsection (2)(a) must be placed at each outer gate and normal point of access to the property, including both sides of a water body crossing the property wherever the water body intersects an outer boundary line.
(3) To provide for effective posting of private land through which or along which the public has an unfenced right-of-way by means of a public road, a landowner shall:
(a) place a conspicuous sign no closer than 30 feet of the centerline of the roadway where it enters the private land, stating words substantially similar to "PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT ___ MILES"; or
(b) place notice, as described in subsection (2)(a), no closer than 30 feet of the centerline of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders unfenced private land, except that orange markings may not be placed on posts where the public roadway enters the private land.
(4) If property has been posted in substantial compliance with subsection (2) or (3), it is considered closed to public access unless explicit permission to enter is given by the landowner or his authorized agent.
(5) The department of fish, wildlife, and parks shall attempt to educate and inform all persons holding hunting, fishing, or trapping licenses or permits by including on any publication concerning the licenses or permits, in condensed form, the provisions of this section concerning entry on private land. The department shall use public media, as well as its own publications, in attempting to educate and inform other recreational users of the provisions of this section. In the interests of providing the public with clear information regarding the public nature of certain unfenced rural rights-of-way, the department may develop and distribute posting signs that satisfy the requirements of subsection (3).
(6) For purposes of this section, "land" means land as defined in 70-15-102.
(7) In no event may civil liability be imposed upon the owner or occupier of premises by reason of any privilege created by this section.


Section 45-6-203 - Criminal trespass to property.
http://data.opi.mt.../45/6/45-6-203.htm

45-6-203. Criminal trespass to property. (1) Except as provided in 15-7-139 and 70-16-111, a person commits the offense of criminal trespass to property if the person knowingly:
(a) enters or remains unlawfully in an occupied structure; or
(b) enters or remains unlawfully in or upon the premises of another.
(2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.


NC - North Carolina
North Carolina General Statutes

Article 22B – First and Second Degree Trespass
http://www.ncleg.n...4/Article_22B.html

§ 14-159.11. Definition.

As used in this Article, "building" means any structure or part of a structure, other than a conveyance, enclosed so as to permit reasonable entry only through a door and roofed to protect it from the elements.


§ 14-159.12. First degree trespass.

(a) Offense. – A person commits the offense of first degree trespass if, without authorization, he enters or remains:

(1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or

(2) In a building of another.

(b) Classification. – First degree trespass is a Class 2 misdemeanor.


§ 14-159.13. Second degree trespass.

(a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:

(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

(b) Classification. – Second degree trespass is a Class 3 misdemeanor.


§ 14-159.14. Lesser included offenses.

The offenses created by this act shall constitute lesser included offenses of breaking or entering as provided in G.S. 14-54 and G.S. 14-56.


ND - North Dakota
North Dakota Century Code

Section 12.1-22.03 - Criminal trespass.
http://www.legis.n...encode/t121c22.pdf

1. A person is guilty of a class C felony if, knowing that he is not licensed or privileged
to do so, he enters or remains in a dwelling or in highly secured premises.
2. A person is guilty of a class A misdemeanor if, knowing that he is not licensed or
privileged to do so, he:
a. Enters or remains in any building, occupied structure, or storage structure, or
separately secured or occupied portion thereof; or
Page No. 1
b. Enters or remains in any place so enclosed as manifestly to exclude intruders.
3. A person is guilty of a class B misdemeanor if, knowing that that person is not
licensed or privileged to do so, that person enters or remains in any place as to
which notice against trespass is given by actual communication to the actor by the
person in charge of the premises or other authorized person or by posting in a
manner reasonably likely to come to the attention of intruders. The name of the
person posting the premises must appear on each sign in legible characters. A
person who violates this subsection is guilty of a class A misdemeanor for the
second or subsequent offense within a two-year period.
4. A person is guilty of a class B misdemeanor if that person remains upon the property
of another after being requested to leave the property by a duly authorized person.
A person who violates this subsection is guilty of a class A misdemeanor for the
second or subsequent offense within a two-year period.
5. This section does not apply to a peace officer in the course of discharging the peace
officer's official duties.


NE – Nebraska
Nebraska Revised Statutes

Section 28-521 - Criminal trespass, second degree; penalty.
http://uniweb.legi...p?page=s2805021000

(1) A person commits second degree criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(a) Actual communication to the actor; or

(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(c) Fencing or other enclosure manifestly designed to exclude intruders.

(2) Second degree criminal trespass is a Class III misdemeanor, except as provided for in subsection (3) of this section.

(3) Second degree criminal trespass is a Class II misdemeanor if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person.


Section 28-520 - Criminal trespass, first degree; penalty.
http://uniweb.legi...p?page=s2805020000

(1) A person commits first degree criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof.

(2) First degree criminal trespass is a Class I misdemeanor.


NH - New Hampshire
New Hampshire Revised Statutes

Section 635:2 - Criminal Trespass.
http://www.gencour...lxii/635/635-2.htm

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
IV. All other criminal trespass is a violation.
V. In this section, ""secured premises'' means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, ""property,'' ""property of another,'' and ""value'' shall be as defined in RSA 637:2, I, IV, and V, respectively.


NJ - New Jersey
New Jersey Permanent Statutes

Section 2C:18-3 - Unlicensed entry of structures.
http://lis.njleg.s...oftpage=Document42

2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. Otherwise it is a disorderly persons offense.

b.Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(1)Actual communication to the actor; or

(2)Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3)Fencing or other enclosure manifestly designed to exclude intruders.

c.Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.

d.Defenses. It is an affirmative defense to prosecution under this section that:

(1)A structure involved in an offense under subsection a. was abandoned;

(2)The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or

(3)The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.


NM - New Mexico
New Mexico Statutes and Court Rules

Sections 30-14-1 through 30-14-8
http://www.conwayg...m&2.0#JD_Ch30Art14

Section 30-14-1 - Criminal trespass.
http://www.conwayg...htm&2.0#JD_30-14-1

A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

(1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

(2) a person is in possession of a landowner license given to him by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.

C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.

D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor, and he shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

E. Whoever commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.

F. Whoever knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), he or she is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the department of game and fish.


Section 30-14.1.1 - Types of trespass; injury to realty; civil damages.
http://www.conwayg...tm&2.0#JD_30-14-11

A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.

B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.

C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.

D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.


Section 30-14-8 - Breaking and entering.
http://www.conwayg...htm&2.0#JD_30-14-8

A. Breaking and entering consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where entry is obtained by fraud or deception, or by the breaking or dismantling of any part of the vehicle, watercraft, aircraft, dwelling or other structure, or by the breaking or dismantling of any device used to secure the vehicle, watercraft, aircraft, dwelling or other structure.

B. Whoever commits breaking and entering is guilty of a fourth degree felony.


NV – Nevada
Nevada Revised Statutes

Section 207.200 - Unlawful trespass upon land; warning against trespassing.
http://leg.state.n....html#NRS207Sec200

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2. A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:

(a) Painting, at intervals of not more than 200 feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.

(b) Fencing the area.

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

4. An entryman on land under the laws of the United States is an owner within the meaning of this section.

5. As used in this section, “fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.


Section 200.603 - Peering, peeping or spying through window, door or other opening of dwelling of another; penalties.
http://leg.state.n....html#NRS200Sec603

1. A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him and leased or rented to another with the intent to surreptitiously conceal himself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.

2. A person who violates subsection 1 is guilty of:

(a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

(b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.

(c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.

3. This section does not apply to:

(a) A law enforcement officer conducting a criminal investigation or surveillance;

(b) A building inspector, building official or other similar authority employed by a governmental body while performing his duties; or

(c) An employee of a public utility while performing his duties.


NY – New York
Consolidated Laws of New York

PEN Title I - Article 140 - Section 140.05 - Trespass.

§ 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises.
Trespass is a violation.


PEN Title I - Article 140 - Section 140.10 - Criminal trespass in the third degree.

§ 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in a building or upon real
property
(a) which is fenced or otherwise enclosed in a manner designed to
exclude intruders; or
(b) where the building is utilized as an elementary or secondary
school or a children's overnight camp as defined in section one thousand
three hundred ninety-two of the public health law or a summer day camp
as defined in section one thousand three hundred ninety-two of the
public health law in violation of conspicuously posted rules or
regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million
and where the building or real property is utilized as an elementary or
secondary school in violation of a personally communicated request to
leave the premises from a principal, custodian or other person in charge
thereof; or
(d) located outside of a city with a population in excess of one
million and where the building or real property is utilized as an
elementary or secondary school in violation of a personally communicated
request to leave the premises from a principal, custodian, school board
member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
(f) where a building is used as a public housing project in violation
of a personally communicated request to leave the premises from a
housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a
railroad or rapid transit railroad which has been designated and
conspicuously posted as a no-trespass railroad zone, pursuant to section
eighty-three-b of the railroad law, by the city or county in which such
property is located.
Criminal trespass in the third degree is a class B misdemeanor.


PEN Title I - Article 140 - Section 140.15 - Criminal trespass in the second degree.

§ 140.15 Criminal trespass in the second degree.
A person is guilty of criminal trespass in the second degree when he
knowingly enters or remains unlawfully in a dwelling.
Criminal trespass in the second degree is a class A misdemeanor.


PEN Title I - Article 140 - Section 140.17 - Criminal trespass in the first degree.

§ 140.17 Criminal trespass in the first degree.
A person is guilty of criminal trespass in the first degree when he
knowingly enters or remains unlawfully in a building, and when, in the
course of committing such crime, he:
1. Possesses, or knows that another participant in the crime
possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined
in section 265.00, and also possesses or has readily accessible a
quantity of ammunition which is capable of being discharged from such
firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm,
rifle or shotgun under circumstances described in subdivision two.
Criminal trespass in the first degree is a class D felony.


OH – Ohio
Ohio Revised Code

Section 2911.21 - Criminal trespass.
http://onlinedocs....m&f=templates&2.0#

(A) No person, without privilege to do so, shall do any of the following:

(1) Knowingly enter or remain on the land or premises of another;

(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;

(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

(B ) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.

(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.

(D) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

(E) As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.


OK – Oklahoma
Oklahoma Statutes

Section 21-1835 - Trespass on posted property after being forbidden or without permission - Penalties.
http://www.lsb.sta...sStatuesTitle.html

A. Whoever shall willfully or maliciously enter the garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant thereof when such property is posted shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; and, provided further, that anyone who willfully or maliciously enters any such garden, yard, pasture or field, and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. For purposes of this section, "posted" means exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected.
B. No provisions of this act shall conflict with Section 5-202 or 6-304 of Title 29 of the Oklahoma Statutes.
C. Whoever shall willfully enter the pecan grove of another without the prior consent of the owner or occupant thereof to so do shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Twenty-five Dollars ($25.00); provided, that anyone who willfully enters any such pecan grove and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Five Hundred Dollars ($500.00), or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment.
D. Whoever shall willfully or maliciously enter upon property owned or managed by the Grand River Dam Authority without permission when such property is posted shall be deemed guilty of misdemeanor trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; and, provided further, that anyone who willfully or maliciously enters upon property owned or managed by the Grand River Dam Authority without permission and therein commits or attempts to commit waste, theft, or damage shall be deemed guilty of misdemeanor trespass, and upon conviction thereof shall be fined in any sum not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by confinement in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. For purposes of this section, "posted" means exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected.


Section 21-1351 - Forcible entry and detainer.
http://www.lsb.sta...sStatuesTitle.html

Every person guilty of using or procuring, encouraging or assisting another to use any force, or violence in entering upon or detaining any lands or other possessions of another except in the cases and manner allowed by law, is guilty of a misdemeanor.


OR – Oregon
Oregon Revised Statutes

Section 245 – Criminal trespass in the second degree.
http://www.leg.state.or.us/ors/164.html

164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

(2) Criminal trespass in the second degree is a Class C misdemeanor.


Section 255 – Criminal trespass in the first degree.
http://www.leg.state.or.us/ors/164.html

164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

(a) Enters or remains unlawfully in a dwelling;

(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

(3) Criminal trespass in the first degree is a Class A misdemeanor.


PA – Pennsylvania
The Pennsylvania Code

Section 3503 - Criminal trespass.
http://members.aol...esPA/18.Cp.35.html

(a) Buildings and occupied structures.--

1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
1. enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
2. breaks into any building or occupied structure or separately secured or occupied portion thereof.
2. An offense under paragraph (1)(I) is a felony of the third degree, and an offense under paragraph (1)(ii) is a felony of the second degree.
3. As used in this subsection:

"Breaks into"
To gain entry by force, breaking, intimidation, unauthorized opening of locks, or through an opening not designed for human access.

(b) Defiant trespasser.--

1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
1. actual communication to the actor;
2. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
3. fencing or other enclosure manifestly designed to exclude intruders;
4. notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
5. an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
2. Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense.

(b.1) Simple trespasser.--

1. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:
1. threatening or terrorizing the owner or occupant of the premises;
2. starting or causing to be started any fire upon the premises; or
3. defacing or damaging the premises.
2. An offense under this subsection constitutes a summary offense.

(b.2) Agricultural trespasser.--

1. A person commits an offense if knowing that he is not licensed or privileged to do so he:
1. enters or remains on any agricultural or other open lands when such lands are posted in a manner prescribed by law or reasonably likely to come to the person's attention or are fenced or enclosed in a manner manifestly designed to exclude trespassers or to confine domestic animals; or
2. enters or remains on any agricultural or other open lands and defies an order not to enter or to leave that has been personally communicated to him by the owner of the lands or other authorized person.

2. An offense under this subsection shall be graded as follows:
1. An offense under paragraph (1)(i) constitutes a misdemeanor of the third degree and is punishable by imprisonment for a term of not more than one year and a fine of not less than $250.
2. An offense under paragaraph (1)(ii) constitutes a misdemeanor of the second degree and is punishable by imprisonment for a term of not more than two years and a fine of not less than $500 nor more than $5,000.

3. For the purposes of this subsection, the phrase "agricultural or other open lands" shall mean any land on which agricultural activity or farming as defined in section 3309 (relating to agricultural vandalism) is conducted or any land populated by forest trees of any size and capable of producing timber or other wood products or any other land in an agricultural security area as defined in the act of June 30, 1981 (P.L. 128, No. 43), known as the Agricultural Area Security Law, or any area zoned for agricultural use.

(c) Defenses.- It is a defense to prosecution under this section that:

1. a building or occupied structure involved in an offense under subsection (a) of this section was abandoned;
2. the premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
3. the actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

(d) Definition.--As used in this section, the term "school grounds" means any building of or grounds of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education, any elementary or secondary parochial school, any certified day-care center or any licensed preschool program.


RI – Rhode Island
General Laws of Rhode Island

Section 11-8-1.1 - Attempted breaking and entering.
http://www.rilin.s.../11-8/11-8-1.1.HTM

§ 11-8-1.1 Attempted breaking and entering. – (a) Whoever attempts to commit the breaking and entering of any structure as set out in §§ 11-8-2, 11-8-2.1, 11-8-2.2, 11-8-2.3, 11-8-3, 11-8-4 or 11-8-5.1 by doing any overt act toward the commission of the offense while in the curtilage of the structure, but fails in its perpetration, shall, unless otherwise provided, suffer the same punishment which might have been imposed if the attempted offense had been committed.

(b) An "overt act" is defined as any act of an individual by which the individual physically attempts to gain entrance into a type of structure set forth in the sections listed in subsection (a) of this section.


Section 11-44-26 - Willful trespass
http://www.rilin.s...11-44/11-44-26.HTM

§ 11-44-26 Willful trespass – Remaining on land after warning – Exemption for tenants holding over. – (a) Every person who willfully trespasses or, having no legitimate purpose for his or her presence, remains upon the land of another or upon the premises or curtilage of the domicile of any person legally entitled to the possession of that domicile, after having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a person legally entitled to the possession of the premises, shall be punished by a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or both.

(b) This section shall not apply to tenants or occupants of residential premises who, having rightfully entered the premises at the commencement of the tenancy or occupancy, remain after that tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of the premises may recover possession only through appropriate civil proceedings.

(c) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.


SC - South Carolina
South Carolina Code of Laws

SECTION 16-11-640. Unlawful entry into enclosed places.

It shall be unlawful for any person not an occupant, owner or invitee to enter any private property enclosed by walls or fences with closed gates between the hours of six P.M. and six A.M. The provisions of this section shall not apply to any justifiable emergency entry or to premises which are not posted with clearly visible signs prohibiting trespass upon the enclosed premises. The provisions of this section are supplemental to existing law relating to trespass and punishment therefor. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

SECTION 16-11-620. Entering premises after warning or refusing to leave on request; jurisdiction and enforcement.

Any person who, without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so or any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction, be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

All municipal courts of this State as well as those of magistrates may try and determine criminal cases involving violations of this section occurring within the respective limits of such municipalities and magisterial districts. All peace officers of the State and its subdivisions shall enforce the provisions hereof within their respective jurisdictions.

The provisions of this section shall be construed as being in addition to, and not as superseding, any other statutes of the State relating to trespass or entry on lands of another.


SD - South Dakota
South Dakota Codified Laws

Section 22-35-5 - Entering or remaining in building--Misdemeanor.
http://legis.state...tute&Statute=22-35

22-35-5. Entering or remaining in building--Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.


Section 22-35-6 - Entering or refusing to leave property after notice--Misdemeanor.
http://legis.state...te&Statute=22-35-6

22-35-6. Entering or refusing to leave property after notice--Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
(1) Actual communication to the person who subsequently commits the trespass;
(2) Posting in a manner reasonably likely to come to the attention of trespassers; or
(3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;
is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.


TN – Tennessee
Tennessee Code

Section 9-14-405 - Criminal trespass.
http://198.187.128...me.htm&f=templates

(a) A person commits criminal trespass who, knowing the person does not have the owner's effective consent to do so, enters or remains on property, or a portion thereof. Knowledge that the person did not have the owner's effective consent may be inferred where notice against entering or remaining is given by:

(1) Personal communication to the person by the owner or by someone with apparent authority to act for the owner;

(2) Fencing or other enclosure obviously designed to exclude intruders;

(3) Posting reasonably likely to come to the attention of intruders; or

(4) Posting the property, in accordance with the requirements of § 70-4-106(b)(1)(B )(ii).

(b) It is a defense to prosecution under this section that:

(1) The property was open to the public when the person entered and remained;

(2) The person's conduct did not substantially interfere with the owner's use of the property; and

(3) The person immediately left the premises upon request.

(c) For purposes of this section, “enter” means intrusion of the entire body.

(d) Criminal trespass is a Class C misdemeanor.


Section 39-14-406 - Aggravated criminal trespass.
http://198.187.128...m&2.0#JD_39-14-406

(a) A person commits aggravated criminal trespass who enters or remains on property when:

(1) The person knows the person does not have the property owner's effective consent to do so; and

(2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another.

(b) For purposes of this section, “enter” means intrusion of the entire body.

(c) Aggravated criminal trespass is a Class B misdemeanor unless it was committed in a habitation, in a building of any hospital, or on the campus, property, or facilities of any private or public school, in which event it is a Class A misdemeanor.

(d) (1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad:

(A) With the intent to do harm to the property or to railroad property located on the property; or

(B ) With the intent to do harm to another person or knowing that their presence will harm another person.

(2) Aggravated criminal trespass on railroad property is a Class A misdemeanor.


TX – Texas
Texas Statutes

Section 30.05 – Criminal Trespass.
http://tlo2.tlc.st...30.00.htm#30.05.00

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;
(B ) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.
(3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
(4) "Forest land" means land on which the trees are potentially valuable for timber products.
(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Section 9605); or
(B ) is listed on the state registry established under Section 361.181, Health and Safety Code.
(7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
(B ) a refinery;
(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;
(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor station;
(F) a liquid natural gas terminal or storage facility;
(G) a telecommunications central switching office;
(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or
(J) a transmission facility used by a federally licensed radio or television station.
(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of
an official duty under exigent circumstances.
(d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center;
(B ) on a Superfund site; or
(C) on or in a critical infrastructure facility; or
(2) the actor carries a deadly weapon on or about his person during the commission of the offense.
(e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or received notice to depart but failed to do so.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.


UT – Utah
Utah Code

Section 76-6-206 - Criminal trespass.
http://le.utah.gov...6/htm/76_07018.htm

(1) As used in this section, "enter" means intrusion of the entire body.
(2) A person is guilty of criminal trespass if, under circumstances not amounting to burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section 76-10-2402 regarding commercial terrorism:
(a) he enters or remains unlawfully on property and:
(i) intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti as defined in Section 76-6-107;
(ii) intends to commit any crime, other than theft or a felony; or
(iii) is reckless as to whether his presence will cause fear for the safety of another;
(b) knowing his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by:
(i) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
(ii) fencing or other enclosure obviously designed to exclude intruders; or
(iii) posting of signs reasonably likely to come to the attention of intruders; or
(c) he enters a condominium unit in violation of Subsection 57-8-7(7).
(3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was committed in a dwelling, in which event it is a class A misdemeanor.
(b) A violation of Subsection (2)(c) is an infraction.
(4) It is a defense to prosecution under this section that:
(a) the property was open to the public when the actor entered or remained; and
(b) the actor's conduct did not substantially interfere with the owner's use of the property.


VA - Virginia
Code of Virginia

Section 18.2-119 - Trespass after having been forbidden to do so; penalties.
http://leg1.state....e?000+cod+18.2-119

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.


Section 18.2-120 - Instigating, etc., such trespass by others; preventing service to persons not forbidden to trespass.
http://leg1.state....e?000+cod+18.2-120

If any person shall solicit, urge, encourage, exhort, instigate or procure another or others to go upon or remain upon the lands, buildings, or premises of another, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing, to do so by the owner, lessee, custodian or other person lawfully in charge thereof, or knowing such other person or persons to have been forbidden to do so by a sign or signs posted on such lands, buildings, premises or part, portion or area thereof at a place or places where it or they may reasonably be seen; or if any person shall, on such lands, buildings, premises or part, portion or area thereof prevent or seek to prevent the owner, lessee, custodian, person in charge or any of his employees from rendering service to any person or persons not so forbidden, he shall be guilty of a Class 1 misdemeanor.


Section 18.2-92 - Breaking and entering dwelling house with intent to commit other misdemeanor.
http://leg1.state....xe?000+cod+18.2-92

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.


VT – Vermont
Vermont Statutes Annotated

Section 3705 - Unlawful trespass
http://www.leg.sta...=081&Section=03705

(a) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he enters or remains on any land or in any place as to which notice against trespass is given by:

(1) Actual communication by the person in lawful possession or his agent or by a law enforcement officer acting on behalf of such person or his agent; or

(2) Signs or placards so designed and situated as to give reasonable notice.

(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.

(c) A person who enters a building other than a residence, whose normal access is locked, or a residence in violation of an order of any court of competent jurisdiction in this state shall be imprisoned for not more than one year or fined not more than $500.00, or both.

(d) A person who enters a dwelling house, whether or not a person is actually present, knowing that he is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.


WA – Washington
Revised Code of Washington

Section 9A.52.080 - Criminal trespass in the second degree.
http://apps.leg.wa...spx?cite=9A.52.080

(1) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

(2) Criminal trespass in the second degree is a misdemeanor.


Section 9A.52.070 - Criminal trespass in the first degree.
http://apps.leg.wa...spx?cite=9A.52.070

Criminal trespass in the first degree.

(1) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a building.

(2) Criminal trespass in the first degree is a gross misdemeanor.


WI – Wisconsin
The Wisconsin Statutes and Annotations

Section 943.13 – Trespass to Land
http://nxt.legis.s...vanced$up=1#LPHit1

943.13Trespass to land.

943.13(1m)
(1m) Whoever does any of the following is subject to a Class B forfeiture:

943.13(1m)(a)
(a) Enters any enclosed, cultivated or undeveloped land of another, other than open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.

943.13(1m)(am)
(am) Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.

943.13(1m)(b)
(b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.

943.13(1m)(e)
(e) Enters or remains on open land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.

943.13(1m)(f)
(f) Enters undeveloped private land from an abutting parcel of land that is owned by the United States, this state or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land.


WV - West Virginia
West Virginia Code

Section 61-3B-2 - Trespass in structure or conveyance.
http://www.legis.s...0%20%202%20%20.htm

Any person who knowingly enters in, upon or under a structure or conveyance without being authorized, licensed or invited, or having been authorized, licensed or invited is requested to depart by the owner, tenant or the agent of such owner or tenant, and refuses to do so, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.
If the offender is armed with a firearm or other dangerous weapon while in the structure or conveyance, with the unlawful and felonious intent to do bodily injury to a human being in said structure or conveyance at the time the offender knowingly trespasses, such offender shall, notwithstanding the provisions of section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars, or be confined in the county jail for a period not to exceed twelve months, or both such fine and imprisonment.


Section 61-3B-3 - Trespass on property other than structure or conveyance.
http://www.legis.s...0%20%203%20%20.htm

(a) Any person who knowingly and without being authorized, licensed or invited, enters or remains on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or cultivation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars.
(b) If the offender defies an order to leave, personally communicated to him by the owner, tenant or agent of such owner or tenant, or if the offender opens any door, fence or gate, and thereby exposes animals, crops or other property to waste, destruction or freedom, or causes any damage to property by such trespassing on property other than a structure or conveyance, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned in the county jail for a period not to exceed six months, or both such fine and imprisonment.
(c) If the offender is armed with a firearm or other dangerous weapon with the unlawful and felonious intent to do bodily injury to a human being during his commission of the offense of trespass on property other than a structure or conveyance, such offender shall, notwithstanding the provisions of section one, article seven, chapter sixty-one of this code, be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail for a term not to exceed six months, or fined not more than one hundred dollars, or both such fine and imprisonment.
(d) Notwithstanding and in addition to any other penalties provided by law, any person who performs or causes damage to property in the course of a willful trespass shall be liable to the property owner in the amount of twice the amount of such damage: Provided, That the provisions of this article shall not apply in a labor dispute.


WY – Wyoming
Wyoming Statutes Annotated

Section 6-3-302 - Criminal entry; penalties; affirmative defenses.
http://michie.lexi...m&f=templates&2.0#

(a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures.

(b) It is an affirmative defense to prosecution under this section that:

(i) The entry was made because of a mistake of fact or to preserve life or property in an emergency;

(ii) The enclosure was abandoned;

(iii) The enclosure was at the time open to the public and the person complied with all lawful conditions imposed on access to or remaining in the enclosure; or

(iv) The person reasonably believed that the owner of the enclosure, or other person empowered to license access to the enclosure, would have authorized him to enter.

(c) Criminal entry is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.


Section 6-3-303 - Criminal trespass; penalties.
http://michie.lexi...m&f=templates&2.0#

(a) A person is guilty of criminal trespass if he enters or remains on or in the land or premises of another person, knowing he is not authorized to do so, or after being notified to depart or to not trespass. For purposes of this section, notice is given by:

(i) Personal communication to the person by the owner or occupant, or his agent, or by a peace officer; or

(ii) Posting of signs reasonably likely to come to the attention of intruders.

(b) Criminal trespass is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(c) This section does not supersede W.S. 1-21-1003.

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