PL 140.15 · Article 140

Criminal Trespass in the Second Degree

This felony applies when you knowingly enter or remain unlawfully in a dwelling, or when a registered sex offender enters school grounds.

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What the prosecutor must prove

  • You knowingly entered or remained in a dwelling.
  • You were not licensed or privileged to do so.

Defenses that commonly apply

  • You had a right or invitation to be in the dwelling.
  • The premises were not a dwelling as defined by law.
  • The entry was not knowing or unlawful.

Penalties and collateral consequences

A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to Up to $5,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

Related practice areas

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