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 West Virginia, criminal trespass is defined under West Virginia Code §61-3B-3. A person is guilty of criminal trespass if they enter or remain on someone else's property without permission and after having been notified that entry is forbidden or after being asked to leave. This includes residential, agricultural, and recreational land, as well as buildings and vehicles. The notice that entry is forbidden can be given in various forms, such as verbal communication, fencing, or signage. Penalties for criminal trespass in West Virginia vary depending on the circumstances of the offense and can range from a simple misdemeanor to a more serious charge if the trespassing involves potential harm to persons or property. An attorney can provide specific guidance on how the law applies to a particular situation and what defenses might be available to someone charged with criminal trespass.