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 Virginia, criminal trespass is defined under Virginia Code § 18.2-119. A person is guilty of criminal trespass if they enter or remain on someone else's property without permission and after having been forbidden to do so, either directly or by signs posted on the property. This includes residential, agricultural, and recreational land, as well as buildings and vehicles. The law also covers situations where a person is asked to leave the property but fails to do so. Penalties for criminal trespass in Virginia can include fines, and in some cases, jail time. The severity of the punishment often depends on the circumstances of the trespass and whether the offender has previous trespassing convictions.