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 Georgia, criminal trespass is defined under O.C.G.A. § 16-7-21. A person commits the offense of criminal trespass if they knowingly and without authority: (1) enter upon the land or premises of another person for an unlawful purpose; (2) enter upon the land or premises of another person after receiving, prior to such entry, notice from the owner that such entry is forbidden; or (3) remain upon the land or premises of another person after receiving notice from the owner to depart. The notice can be verbal or written, including 'No Trespassing' signs. Criminal trespass is a misdemeanor in Georgia, and the penalties may include a fine of up to $1,000, imprisonment for up to 12 months, or both. In certain circumstances, such as repeat offenses, the penalties may be more severe.