Is trespassing a felony?

Criminal trespass is entering or staying on someone else's property without permission, usually after the person has been told to stay out or leave, or has seen a fence or sign. The property can be land, a building or a vehicle.^1,2,3,4

Texas requires that the person had notice entry was forbidden or received notice to leave, and counts oral or written notice, a fence, a posted sign, purple paint marks and growing crops as notice. Florida's trespass on land other than a structure requires notice given by actual communication, posting, fencing or cultivation. Illinois covers entering land after notice, staying after notice to leave, or being in a building without lawful authority, but not a building open to the public during its normal hours. North Carolina's first degree trespass covers enclosed premises and buildings.

Trespass is different from burglary, which adds an intent to commit a crime inside. In New York, burglary of a building is a felony, while plain trespass is a violation.^5,6

New York's third-degree burglary, for example, is knowingly entering or remaining unlawfully in a building with intent to commit a crime there, and is a class D felony. Plain trespass in New York is a violation. See our burglary page for how burglary is graded.

Plain trespass, with no weapon or other aggravating fact, is a misdemeanor in most of the states checked. Examples are a Class B misdemeanor in Texas and Illinois, a fourth-degree misdemeanor in Ohio, a Class 2 misdemeanor in North Carolina and a Class 1 misdemeanor in Virginia.^{1,2,3,4,7,8,9,10,11}

Florida makes trespass in a structure or conveyance a second-degree misdemeanor, or a first-degree misdemeanor if a person is inside, and makes trespass on other property a first-degree misdemeanor. North Carolina's second degree trespass, entering after notice, is a Class 3 misdemeanor. California's Penal Code section 602 makes the trespass acts it lists a misdemeanor, such as entering land to injure property or interfere with a lawful business, or refusing to leave when a peace officer asks at the owner's request.

Some states treat plain trespass as less than a misdemeanor. New York calls it a violation, and Pennsylvania generally makes defiant trespass a misdemeanor only if the person defies an order to leave that was personally communicated.^6,12,13,14

In Pennsylvania, defiant trespass is a third-degree misdemeanor in that case, a first-degree misdemeanor if the order is to leave school grounds, and otherwise a summary offense. New York's criminal trespass in the third degree, which covers fenced or enclosed buildings and property, is a class B misdemeanor, and in the second degree, which covers a dwelling, a class A misdemeanor.

A weapon is a common way trespass becomes a felony. Florida makes trespass while armed a third-degree felony, and New York makes it criminal trespass in the first degree, a class D felony, to enter a building with a deadly weapon, an explosive, or a firearm with ammunition.^1,2,10,15

Texas does not make a weapon alone a felony: carrying a deadly weapon during criminal trespass makes it a Class A misdemeanor.

Entering a home or building can be a felony. Pennsylvania makes entering a building without license a third-degree felony and breaking into one a second-degree felony. Ohio makes trespass in a home by force, stealth or deception when someone is, or is likely to be, present a fourth-degree felony. Illinois makes it a Class 4 felony to enter a residence knowing someone is there.^12,16,17

Illinois makes simply entering or staying in a residence without authority a Class A misdemeanor. Pennsylvania's grades do not depend on anyone being present; the felony applies to entering or remaining in any building or occupied structure while knowing the person is not licensed or privileged to do so.

Trespass on certain protected sites can be a felony. Ohio makes entering a critical infrastructure facility with purpose to destroy or tamper with it a third-degree felony, and Florida makes trespass on specified posted sites, such as designated construction sites and agricultural research sites, a third-degree felony.^2,4,18

North Carolina makes first degree trespass a Class I felony at listed facilities such as water, agricultural and energy facilities when the person entered a building or got past a fence or barrier, and a Class G felony if there was intent to disrupt operations or a risk of serious bodily injury.

A few other situations make trespass a felony. Virginia makes entering property chosen because of the owner's race, religion, gender or similar traits a Class 6 felony, and North Carolina makes certain repeat or deceptive trespasses a Class I felony.^1,4,19,20,21

Virginia's version covers entering property to damage it or interfere with its use, with at least six months of confinement. North Carolina's list includes re-entering real property after being removed under a court order for possession and a second violation of the provision on lands of the Eastern Band of Cherokee Indians, with a fine of at least $1,000. Illinois makes a second or later trespass on a transit right-of-way, with intent to delay service for more than 15 minutes or destroy property, a Class 4 felony. Texas makes criminal trespass a third-degree felony if committed during a human smuggling offense under Penal Code section 20.05(a)(2), which covers hiding or harboring someone to help them enter or stay in the country in violation of federal law.

Texas

Texas: criminal trespass is a Class B misdemeanor in most cases. It is a Class A misdemeanor in a home, on a Superfund site or at critical infrastructure, or if the person carries a deadly weapon, and a third-degree felony if committed in the course of a human smuggling offense under Penal Code section 20.05(a)(2).^1,21

It is a Class C misdemeanor on agricultural land within 100 feet of the boundary, or on residential land within 100 feet of a protected freshwater area. Section 20.05(a)(2) covers hiding, harboring or shielding someone to help that person enter or stay in the country in violation of federal law. Texas Penal Code sections 30.05 and 20.05.

Florida

Florida: trespass in a structure or vehicle is a second-degree misdemeanor, or a first-degree misdemeanor if a person is inside. Trespass on other property is a first-degree misdemeanor. Either type becomes a third-degree felony if the person is armed.^2,10

Trespass on other property is also a third-degree felony at specified posted sites, such as designated construction sites, commercial horticulture property, agricultural research sites, agricultural chemicals manufacturing facilities and domestic violence centers. Florida Statutes sections 810.08 and 810.09.

New York

New York: trespass is a violation. Criminal trespass in the third degree is a class B misdemeanor, in the second degree a class A misdemeanor, and in the first degree a class D felony.^6,13,14,15

The third degree covers fenced or enclosed buildings and property, the second degree covers a dwelling, and the first degree covers entering a building while having a deadly weapon, an explosive, or a firearm and ammunition. Penal Law sections 140.05, 140.10, 140.15 and 140.17.

Illinois

Illinois: criminal trespass to real property is a Class B misdemeanor. Criminal trespass to a residence is a Class A misdemeanor, or a Class 4 felony if the person knows or has reason to know someone is present.^3,17,20

Entering a crop field, livestock area or orchard in a motor vehicle after notice is a Class A misdemeanor. Trespass to State-supported land is a Class A misdemeanor. 720 ILCS 5/19-4, 21-3 and 21-5.

Ohio

Ohio: criminal trespass is a fourth-degree misdemeanor, or a first-degree misdemeanor at a critical infrastructure facility. Trespass in a home by force, stealth or deception when someone is or is likely to be present is a fourth-degree felony, and entering critical infrastructure to destroy or tamper with it is a third-degree felony.^7,16,18

Aggravated trespass with purpose to commit a misdemeanor involving physical harm is a first-degree misdemeanor. Ohio Revised Code sections 2911.21, 2911.211 and 2911.12.

Pennsylvania

Pennsylvania: entering or secretly staying in a building without license is a third-degree felony, and breaking into a building is a second-degree felony. Defiant trespass is a third-degree misdemeanor if the person defies a personally communicated order to leave, and otherwise a summary offense.¹²

The grades come from 18 Pa.C.S. section 3503(a) for buildings and occupied structures and 3503(b) for defiant trespassers.

North Carolina

North Carolina: first degree trespass, on enclosed premises or in a building, is a Class 2 misdemeanor. Second degree trespass is a Class 3 misdemeanor, or a Class 2 misdemeanor on a dwelling's curtilage between midnight and 6 a.m.^4,8

First degree trespass becomes a Class I felony in listed situations, such as at certain facilities or when a person re-enters after being removed under a court order, and a Class G felony in the most serious facility cases. G.S. 14-159.12 and 14-159.13.

Virginia

Virginia: trespass after being forbidden, orally, in writing or by a posted sign, is a Class 1 misdemeanor. Entering property to damage it or interfere with the owner's use is also a Class 1 misdemeanor.^9,19

It becomes a Class 6 felony if the person chose the property because of the owner's race, religious conviction, color, gender, disability, gender identity, sexual orientation or ethnic or national origin. Code of Virginia sections 18.2-119 and 18.2-121.