PL 140.10 · Article 140

Criminal Trespass in the Third Degree

This charge covers knowingly entering or remaining in a building or on fenced or enclosed property, a school, a camp, or a public housing project in violation of posted rules or a request to leave.

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What the prosecutor must prove

  • You knowingly entered or remained in a building or on real property.
  • The property was fenced or enclosed to exclude intruders, or was a school, camp or public housing project covered by the statute.
  • You had no license or privilege to be there.

Defenses that commonly apply

  • You had permission, or the enclosure did not reasonably exclude entry.
  • No notice or request to leave was communicated to you.
  • You did not know you lacked permission.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.

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

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