Is Criminal Trespass a Felony? Degrees, Aggravated Trespass, Burglary Adjacent, and Penalties by State (2026)

Criminal trespass is a misdemeanor in every U.S. jurisdiction for simple, first-time entry or remaining on property without privilege. It becomes a felony only when a state statute adds a specific aggravator: the location is an occupied dwelling, the trespasser is armed or makes a threat, the target is critical infrastructure (pipeline, power, water, railroad, refinery, nuclear facility), agricultural land is entered with intent to damage, or the defendant has a prior trespass conviction. When the entry is made with intent to commit a crime inside, the offense is burglary, which is always a felony. Federal trespass under 18 USC 1382 (military bases) and 18 USC 1752 (restricted buildings around Secret Service protectees) follows the same logic: simple entry is a misdemeanor, but entry with a weapon or causing significant bodily injury is a felony up to ten years.

Criminal trespass is the unlawful entry onto, or remaining on, real property (or sometimes a structure, building, conveyance, or aircraft) without privilege, license, or permission to be there. The model Penal Code definition, followed in substance by most states, requires proof that the defendant entered or remained in a building, occupied structure, or separately secured portion of a structure, or entered or remained on land, knowing that he or she was not licensed or privileged to do so. Two mental states matter: knowledge that entry is unprivileged, and (for remaining cases) refusal or failure to leave after a clear demand or notice. Notice can be actual (a spoken warning, a posted sign, a fence, a lock) or, in agricultural states, constructive through purple paint marks on trees or posts under so-called purple-paint statutes (Texas, Illinois, Missouri, Arkansas, Tennessee, North Carolina, and others). Trespass is complete the moment the unprivileged entry or remaining occurs; no damage, theft, or harm to the property is required.

The dividing line between criminal trespass and burglary is the intent element. Burglary requires proof beyond a reasonable doubt that the defendant entered or remained in a building or structure with the specific intent to commit a crime inside (typically theft, assault, or any felony). Criminal trespass requires only proof that the defendant knew he or she lacked permission to be there. If the prosecution cannot prove intent to commit a separate crime at the time of entry, the case is trespass, not burglary. This is why prosecutors frequently file burglary charges initially and reduce them to trespass when intent cannot be shown, and why defense lawyers push hard on intent: a trespass plea typically carries days or months, while a burglary conviction can carry years to decades. In every state, burglary is a felony (ranging from state-jail or Class D felony up to Class A or first-degree felony for a dwelling at night with a weapon).

Most states grade criminal trespass in degrees or classes that track the sensitivity of the location. The lowest grade covers open land, unimproved property, parking lots, or property that is merely posted; this is typically a Class C, third-degree, or petty misdemeanor, and in Missouri (§ 569.160) and Kansas (§ 21-5411) it is an infraction. The middle grade covers entry into a building or enclosed structure without privilege; this is typically a Class A or first-degree misdemeanor carrying up to 6 or 12 months. The highest grade covers entry into a dwelling or home; in several states this is where the felony line is crossed. New York (§ 140.17) makes first-degree trespass in a dwelling a Class D felony when armed. North Dakota (§ 12.1-22-03) makes trespass in a dwelling a Class C felony. New Jersey (§ 2C:18-3) makes knowing unlawful entry into a dwelling a fourth-degree crime (felony equivalent). Pennsylvania (§ 3503(b)) makes trespass in an occupied structure a felony of the second or third degree depending on weapon. Indiana (§ 35-43-2-1.5) treats residential entry as a Level 6 felony. The pattern is clear: the more the location resembles a home, the more likely the offense is a felony.

Defiant trespass, also called remaining-after-warning trespass, is the most common real-world charge. It occurs when a person enters lawfully (or at least without clear notice) but refuses to leave after the owner, occupant, or a police officer demands departure. The Model Penal Code and most state statutes treat defiant trespass the same as initial-entry trespass: a misdemeanor. California Penal Code § 602.8 specifically punishes remaining on property after a clear demand to leave as a misdemeanor punishable by up to six months. New York Penal Law § 140.10 (second-degree trespass) covers remaining in a dwelling or after a warning. Several states step up the grade for repeat defiant trespass or trespass in defiance of a protective order; New York § 140.15 elevates first-degree trespass (in a dwelling) to a Class E felony when the defendant has a prior trespass conviction. Trespass in violation of a domestic-violence protective order is separately charged in many states and can carry felony exposure.

Since 2017 more than thirty states have enacted felony-grade statutes for trespass on critical infrastructure, prompted by pipeline protests and railroad-safety concerns. These statutes typically cover oil and gas pipelines, refineries, power plants, substations, water treatment facilities, railroad rights-of-way, and (in some states) communications towers. Texas Penal Code § 30.06 makes criminal trespass of a critical infrastructure facility a state-jail felony. Louisiana RS 14:63.3 carries up to five years. Georgia § 16-7-21.1 carries one to five years. Arkansas § 5-39-304 is a Class D felony. Oklahoma (21 O.S. § 1835.2), Iowa (§ 716.7A), Indiana (§ 35-43-2-2(b)), South Dakota (§ 22-35-6.1), Missouri (§ 569.150 Class E felony for critical infrastructure), West Virginia, Mississippi (§ 97-17-97), Alabama (§ 13A-7-4.1), and Tennessee (§ 39-14-406 Class E felony) all have analogous provisions. Aggravated criminal trespass (entry into a dwelling after a threat, or trespass while armed) is a felony in Arizona (§ 13-1504 Class 6 felony), California (§ 603 wobbler), Colorado (§ 18-4-503.5 Class 5 felony), Montana (§ 45-6-202 felony), New Mexico (§ 30-14-1.1 fourth-degree felony), and Tennessee (§ 39-14-406 Class E felony when armed). Agricultural trespass on posted or purple-painted land is a misdemeanor in most states but a felony in South Dakota (§ 22-35-6.1), Wyoming (§ 6-3-304 with intent to damage), Idaho (§ 18-7008A), and Texas (§ 30.07 with intent to damage agricultural operations).

There is no single general federal criminal trespass statute. Federal trespass is a patchwork. 18 USC 1382 makes it a federal misdemeanor (up to six months) to enter a military, naval, or Coast Guard reservation, post, fort, arsenal, yard, station, or installation for a prohibited purpose, or to reenter after removal or a ban by a commanding officer. 18 USC 1752 makes it a federal crime to knowingly enter or remain on restricted building or grounds (the White House, the Vice President residence, anywhere the President or a Secret Service protectee is visiting, or any event designated as a special event of national significance); simple entry is a misdemeanor up to one year, but carrying a deadly weapon or causing significant bodily injury raises the penalty to up to ten years. 18 USC 41 prohibits hunting, fishing, trapping, or disturbing birds, fish, or wild animals on federally protected wildlife refuges, sanctuaries, or breeding grounds, with imprisonment up to six months; this is a trespass-like offense on federal conservation land. 18 USC 31 supplies the definitions chapter for Title 18 Part I Chapter 2 (aircraft and motor vehicle offenses), supporting related provisions that may apply to trespass on or interference with aircraft. The Assimilative Crimes Act, 18 USC 13, incorporates state trespass law on federal enclaves (post offices, courthouses, military bases, national park buildings), so on those enclaves state misdemeanor or felony grades apply through federal court.

A criminal trespass conviction, even as a misdemeanor, creates a criminal record that can affect employment, housing, immigration, and licensing. Many employers treat any theft or property-related offense as disqualifying, and trespass on a dwelling can be read as a domestic-violence red flag even when no violence occurred. A felony trespass conviction (dwelling, aggravated, or critical infrastructure) carries the full weight of felony collateral consequences: loss of firearm rights under 18 USC 922(g)(1) for a federal felony, possible immigration consequences (an aggravated felony under INA § 101(a)(43) can be deportable), loss of professional licenses, and bars to certain public benefits. Several critical-infrastructure trespass statutes add civil liability for the cost of law enforcement response and facility shutdown, which can run into hundreds of thousands of dollars. Defendants charged with trespass on a dwelling should also expect protective-order exposure and possible enhancements if a prior domestic relationship exists.

If you are charged with criminal trespass, the first step is to determine whether the charging instrument alleges an aggravator that elevates the case to a felony (dwelling occupancy, weapon, threat, critical infrastructure, railroad, agricultural intent, prior conviction). If it does, the gap between misdemeanor and felony exposure is enormous, and counsel should focus on challenging intent and location elements. If the charge is simple misdemeanor trespass, common defenses include: privilege or license to enter (express, implied, or customary); lack of notice that entry was unprivileged (no sign, no fence, no warning); mistaken belief of permission; lack of remaining-after-warning evidence; constitutional defenses (free speech on public property, public forum); and suppression of identification obtained through an unlawful stop. In agricultural and posted-land cases, the prosecution must prove notice; a defective or non-compliant purple-paint posting can defeat the charge. A conviction or diversion may be possible through community service or a fine, especially for first-time offenders. Trespass on a dwelling should never be handled without counsel; the case can be recharged as burglary if intent is developed later. This information is informational only, not legal advice.