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?
Key facts:
Just because you’ve walked onto someone else’s property doesn’t necessarily mean you’ll go to jail for trespassing. If you walk into your neighbor’s yard inadvertently, that won’t result in a trespass conviction, as you didn’t intend to trespass. Likewise, if you run through someone’s driveway to escape danger to yourself, you won’t be convicted even if you entered the property intentionally. This is because the defense of private necessity protects people who trespass as a means of escaping danger.For example, after returning home from a local bar, Jason drunkenly accuses his wife Sheryl of cheating on him. Sheryl denies Jason’s claims, but Jason refuses to believe her. Jason takes a baseball bat and begins swinging it at Sheryl, screaming that he’ll kill her for being unfaithful. Sheryl runs from the house and Jason pursues her. Sheryl runs through multiple lawns owned by other people so that she can escape Jason. Under the defense of private necessity, Sheryl is not guilty of criminal trespass. Although Sheryl intentionally entered other peoples’ property, knowing that she wasn’t authorized to enter it, she only did so to escape imminent danger.Other defenses to a criminal trespass charge include having permission from the owner to enter the property, lack of notice from the owner that the property belonged to them, the property was public property, implied consent to enter the property, public necessity, or intoxication. Additionally, if you can prove that you own or have a right to the property, that can beat a criminal trespassing charge.Further Reading
For more detailed information, see our related Criminal Law terms:
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