A person commits the offense of criminal trespass or criminal trespassing by entering or remaining on the property of another—including residential land, agricultural land, recreational land (such as a vehicle park), a building, an aircraft, or an automobile—without consent and if the person (1) had notice that the entry was forbidden, or (2) received notice to depart, but failed to do so.
The definitions and penalties for criminal trespassing vary from state to state and are usually located in a state’s penal or criminal code (statutes).
In Alabama, criminal trespassing is defined under the Alabama Criminal Code. A person commits the offense of criminal trespass if they knowingly enter or remain unlawfully on premises after being forbidden to do so by the owner or lawful occupant, or if they enter or remain on premises and are notified to depart but fail to do so. The state distinguishes between different degrees of criminal trespass based on the circumstances of the offense. For example, Criminal Trespass in the first degree (Section 13A-7-2) involves entering or remaining in a dwelling or a fenced or enclosed property designed for privacy or to keep intruders out. Criminal Trespass in the second degree (Section 13A-7-3) generally involves entering or remaining on property for other purposes. Criminal Trespass in the third degree (Section 13A-7-4) is a violation and involves entering or remaining on premises after being forbidden to do so. Penalties for criminal trespass in Alabama can range from fines to imprisonment, depending on the degree of the trespass and any prior offenses.