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 New Mexico, criminal trespassing is defined under the New Mexico Statutes Annotated (NMSA) 1978, Section 30-14-1. A person commits the offense of criminal trespass when they knowingly enter or remain unlawfully on any real property or structure without the permission of the owner or occupant. This includes residential, agricultural, and recreational land, as well as buildings, vehicles, and aircraft. The law specifies that a person has notice that entry is forbidden if there are posted signs or fencing designed to exclude intruders, or if the person is personally communicated with by the owner or another authorized person. If after receiving notice to leave, the individual fails to do so, they are also committing criminal trespass. Penalties for criminal trespass in New Mexico can range from a petty misdemeanor to a fourth-degree felony, depending on factors such as the type of property trespassed upon and the intent of the trespasser.