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 Florida, criminal trespass is defined under Florida Statute 810.09. A person may be charged with criminal trespass if they willfully enter or remain on someone else's property without being authorized, licensed, or invited, or if they are asked to leave by the owner or lessee and refuse to do so. Notice that entry is forbidden or that remaining on the property is not allowed can be given verbally, with signage, or by fencing or other enclosures designed to restrict access. Criminal trespass can occur on residential land, agricultural land, commercial premises, school property, or conveyances like vehicles. Penalties for criminal trespass in Florida vary depending on the circumstances and can range from a second-degree misdemeanor (punishable by up to 60 days in jail and a $500 fine) to a third-degree felony (punishable by up to 5 years in prison and a $5,000 fine) if the trespasser is armed or if the property trespassed is a designated construction site.