What is Criminal Trespass?
Criminal trespass occurs when a person knowingly enters a dwelling that they know they are not authorized to enter, with the intent to stay there. There must also be a clear indication to people that they are not allowed to enter the space without permission, such as a locked door or security system. All of these elements must be proven in order for a person to be deemed guilty of criminal trespass. As with all criminal matters, the prosecution must prove each element of criminal trespass. The key to criminal trespass is intent.
Case Example
- Definition of criminal trespass: “A person enters or remains unlawfully in a house when his intent for so entering or remaining is not licensed, authorized or otherwise privileged.” Smith v. Smith, No. 1 CA-CV 22-0100 FC, 2022 WL 17982926, at *1 (Ariz. Ct. App. Dec. 29, 2022). In Smith, a noncustodial parent criminally trespassed on the custodial parent's dwelling when he entered the home to destroy it. Id . The father appealed the ruling, arguing that he did not knowingly enter her dwelling without permission. However, the court found that he had the intent ion to enter the home without permission, as he had disabled her alarm system prior to entering the home, and he knew she was out of town at the time. Id. The Court also found that the fact that the house had been locked and the security system armed should have been a clear indication to the father that he was not allowed in the home at the time. Id .
Questions to Consider When Dealing with Criminal Trespass
- Did the person have permission to enter the dwelling?
- Did they intend to enter or stay in the dwelling without permission?
- What was their intent?
- Has every element of criminal trespass been proven?
Further Reading
For more detailed information, see our related Criminal Law terms:
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