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 Arizona, criminal trespassing is defined under Arizona Revised Statutes (ARS) 13-1502, 13-1503, and 13-1504. The offense occurs when a person knowingly enters or remains unlawfully on any property after being expressly asked to leave or when entry is clearly forbidden. Arizona law categorizes criminal trespassing into three degrees based on the type of property and the circumstances of the trespass. First-degree trespass (ARS 13-1504) is the most serious, often involving residential or fenced commercial properties, or the carrying of a firearm onto the property. Second-degree trespass (ARS 13-1503) typically involves non-residential properties and certain fenced or agricultural lands. Third-degree trespass (ARS 13-1502), the least serious, may involve any real property. Penalties for criminal trespass in Arizona range from a class 3 misdemeanor for third-degree trespass to a class 6 felony for first-degree trespass, depending on the specifics of the offense, such as the type of property trespassed upon and the intent of the trespasser.