How to Charge Someone With Trespassing

To charge someone with trespassing, first make clear your property is off-limits with a sign, fence, or locked door, then report the trespasser to local police or the sheriff's department. Officers can issue a no-trespass citation or make an arrest; criminal charges are then filed by the prosecutor.

If someone enters your property without permission, you may ask them to leave and call the police. If the person poses an immediate threat of death or serious bodily harm to you or your family, self-defense law in every state lets you protect yourself, and in some "stand your ground" and castle doctrine states you have no duty to retreat first. Using deadly force to protect property alone, without a threat to a person, is a much narrower and more state-specific question, so do not assume it is allowed where you live without checking your own state's law.

Quick take: What is trespassing?

• To prove criminal trespassing, you must generally show that the accused entered your land or property, that the property belongs to you, and that you did not consent to the entry.
• Some states also require proof that the trespasser caused damages.
• The accused must generally have shown 'intent to enter.'
• Under the castle doctrine, some states allow you to use a "reasonable response," which can include force, to protect yourself or your property.
• Most states do not authorize deadly force to defend property alone, separate from a threat to a person; the rules vary significantly by state, so check your own state's law.
• Adverse possession may allow trespassers to gain legal ownership of your land or property over time.
• A no trespassing sign is one of the best protections against adverse possession claims.
• Only government officials may restrict access to public property.
• On private land, it is up to the property owner to decide who gets in and who does not.

How to charge someone with trespassing

When you enter private property without permission from the owner, you violate your state's criminal trespass laws. Consequently, the property owner has the right to ask you to leave, call the police if you refuse to leave, and if you pose an immediate danger to the land or property owner, "stand your ground laws" allow property owners to defend themselves in some states.

Note: 'Stand your ground' should be a last resort, as confronting a trespasser may put you in additional danger.

Ideally, if you are in a position to do so, the first steps you should take would be to report the trespasser to the police or sheriff's department. When reporting someone, you should take specific notes of anything law enforcement may be able to use to identify the trespasser.

This includes notes such as:

• Height
• Gender
• Race
• Weight
• Clothing
• Car (make, model, and license plate)
• Personal information you may have about the trespasser (name or address)

After you have created a police report, if you are the property owner, you should receive some ongoing information from the police, such as a no-trespass citation and additional information about the case. The trespasser may appeal, get fined, receive a trespass warning, or even receive a jail sentence in more extreme cases.

For example, in Florida, Florida Statute 776.013 allows a person in their dwelling, residence, or occupied vehicle to use nondeadly or deadly force against someone who unlawfully and forcibly enters, under the specific conditions the statute lays out.

The statute reads in part:

"A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use: (a) Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force; or (b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony."

What if the police or the prosecutor will not act?

In most states, the decision to file criminal charges belongs to the prosecutor, and a private citizen cannot file them directly. A small number of states give citizens a formal route to ask for review of that decision.

Pennsylvania is one. Under Pennsylvania Rule of Criminal Procedure 506, when the person swearing out the complaint is not a law enforcement officer, the complaint goes to the attorney for the Commonwealth, who must approve or disapprove it without unreasonable delay.

If the prosecutor disapproves it, Rule 506 requires the attorney to state the reasons on the complaint form and return it to the affiant, and the affiant may then petition the court of common pleas to review that decision.

Note what the rule does not do. It does not let you bypass the prosecutor; it entitles you to a written reason and a path to judicial review. Whether your own state offers anything comparable is a question for your county's court clerk or district attorney's office, since this procedure is the exception rather than the norm.

What is legally considered trespass?

The definition of trespass varies depending on state law; however, the elements of the crime are similar. That means you are guilty of criminal trespass if you intentionally enter another person's property without permission and remain there.

What is the difference between criminal and non-criminal trespass?

Non-criminal trespass happens when you enter someone else's land or property accidentally. On the other hand, you are guilty of criminal trespass if you had intent or knew that you do not have permission to be on the land. For example, walking past a posted No Trespassing sign is strong evidence that you knew entry was forbidden.

What is the point of no trespass signs?

A posted sign is one recognized way of putting people on notice that entry is forbidden, but in most states it is not the only way, and for some forms of trespass it is not required at all. State statutes typically accept notice in several alternative forms, and the required form can change with the type of property and the grade of the offense.

Texas Penal Code Section 30.05, for example, defines notice as any of the following: oral or written communication by the owner or someone with apparent authority to act for the owner, fencing or another enclosure obviously designed to exclude intruders, posted signs reasonably likely to come to the attention of intruders, purple paint marks on trees or posts that meet the statute's size and spacing rules, or the visible presence of a crop grown for human consumption. Florida Statute 810.09 similarly accepts notice "either by actual communication to the offender or by posting, fencing, or cultivation."

Other states skip the notice element entirely for some forms of trespass. Under New York Penal Law 140.05, a person who knowingly enters or remains unlawfully on premises commits trespass, a violation, with no posting requirement; the offense becomes criminal trespass in the third degree, a class B misdemeanor, under New York Penal Law 140.10 when, among other situations, the property is fenced or otherwise enclosed in a manner designed to exclude intruders. And as the Alabama statute quoted later in this article shows, knowingly entering or remaining unlawfully in a dwelling can be first-degree criminal trespass with no sign, fence, or verbal warning required.

Signs still matter in practice. A conspicuous No Trespassing sign is often the easiest form of notice for a prosecutor to prove, and telling someone to leave, in person or in writing, gives notice in every state.

It is also worth noting that entering someone else's vehicle without permission constitutes trespassing.

In short, if you intend to pursue criminal charges against someone for trespass, you must make sure that:

• The accused entered your property or land of their own free will or on purpose. If the trespass was accidental, ask the individual to leave instead of pursuing criminal charges.
• You reasonably informed the trespasser that they were on private property, such as by posting a sign, building a fence, or locking the doors.
• The individual had intent, such as to commit a crime, damage property, or spy.

Can you be guilty of trespass in public spaces?

Yes. You may face trespass charges if you enter a restricted area, or if someone with the authority to ask you to leave does so and you ignore the request.

Public ownership does not mean open to everyone for every purpose. The First Amendment protects expressive activity in traditional public forums such as streets, sidewalks, and parks, but government property that is not a public forum, such as a military base or the secure areas of a courthouse, can be closed to the public entirely.

In short, what you need to remember is:

• You do not have the legal right to enter private property without the owner's permission.
• Consent to enter private property must come from the property owner, the lessee of a leased property, a business entity, or a group of owners, depending on who controls the property.
• Consent to enter could be verbal or in writing.
• Implied consent can be hard to prove or defend. Written or clearly stated verbal consent is safer for both sides.

That raises the question:

What are the three types of trespass?

There are three types of trespass, as explained below.

1. What is meant by a 'Trespass to the Person'?

If you intentionally interfere with someone else's body or liberty, you are guilty of trespass to the person. Examples of 'trespass to person' in the US include:

• Assault
• Battery
• False imprisonment

If you are a victim of false imprisonment, battery, or assault, you have the right to take civil action, and at the time of the crime, you have the right to protect yourself.

2. What is meant by trespass to chattels?

Trespass to chattels refers to the unauthorized use of property without consent from the property owner. To prove it, you must show that the accused dispossessed you of your property, the property/chattel's condition, quality, or the value was impaired, the accused possessed or used the item for a substantial time, and that harm to person or item occurred.

In other words, if someone uses your property without permission and damages it, you have the right to file a claim.

What to remember:

• 'Mistake of ownership' is not a valid defense in a chattel claim.
• The term 'chattel' refers to personal, movable property, such as an ATV, motorcycle, or laptop.
• In a chattel claim, you generally do not need to show 'intention of harm' to a person.
• The use of the item must have been unauthorized or unlawful.

3. What is meant by Trespass of land?

As mentioned, trespass to land occurs when you enter someone else's real property, such as land, a building, or a structure, without permission. For example, Alabama Code Section 13A-7-2, criminal trespass in the first degree, opens with a dwelling clause:

"A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling ..."

That is an excerpt, not the full provision. Alabama amended the section in 2021 to reach beyond dwellings, extending first-degree criminal trespass to the premises of a licensed cannabis cultivator or processor, and to cultivation or processing operations that are part of an integrated facility, as those terms are defined in Alabama Code Section 20-2A-3. Read the section in full on the Alabama Legislature's Code of Alabama portal before relying on it.

In Alabama, criminal trespass in the first degree is a Class A misdemeanor. What counts as a "dwelling," the degrees of the offense, and the penalties involved all vary by state, so check your own state's statute for the rule that applies to you.

How do I remove a trespasser from my property?

If you fear for your safety, the first thing you should do is contact the police. To make it easier for the police to find the trespasser, you should describe the clothes the individual is wearing to the police, and the person's height, weight, race, or other identifying information.

Do you have the authority to restrict access to property?

Before you ask someone to leave, it is vital to ensure that you have the authority. For example, in a private building, only the property owner has the authority to restrict access, whereas, in public spaces, only government officials may restrict access to certain areas.

Can you defend yourself against a trespasser?

Yes. If the trespasser is an immediate threat to your person or someone else on your property, the law allows you to protect yourself. However, in most states, the law allows you to use a reasonable response when defending yourself or your property.

For example, Florida Statute 776.013 gives a person a presumption of reasonable fear of imminent death or great bodily harm when someone unlawfully and forcibly enters their dwelling, residence, or occupied vehicle. That presumption does not extend to a trespasser who is simply elsewhere on the property, though Florida Statute 776.012 can still justify deadly force anywhere a person is lawfully present, and not engaged in criminal activity, if the person reasonably believes it necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony.

Can I forcibly remove a trespasser?

"Reasonable force" under state law means that you may use force that is objectively reasonable under the circumstances you find yourself in.

Therefore, if the situation makes it necessary to remove the trespasser using force, then you may use force to remove the trespasser.

It is best to consult your state's self-defense and castle doctrine laws to see whether your state recognizes a castle doctrine, and what penalties may apply if you use force to defend your land, since these rules vary significantly from state to state.

If you find yourself in legal trouble after defending your property, especially if someone was seriously hurt, it is best to consult with an experienced criminal defense attorney, since the encounter could raise questions about the difference between murder, homicide, and manslaughter.

What are your rights against trespassers?

In the US:

• You have the right to privacy on your own property.
• You may do what is reasonably necessary to protect yourself and your family.
• When acting in self-defense, your response should be proportional to the threat you face.
• If you attack a non-criminal trespasser without provocation, you risk a civil lawsuit and criminal assault charges yourself.

Can property owners sue trespassers?

Yes. If someone enters your property without consent and causes damage, you have the legal right to take civil action.

What is adverse possession of land or property?

In some states, a trespasser may occupy your land and gain ownership of it over time. The reason for that is the Adverse Possession Doctrine or Squatter's Rights.

How does it work?

• Someone may come onto your land intentionally or unintentionally and start living on it.
• The trespasser makes improvements to the land, such as planting a garden or building a structure.
• The trespasser possesses the property openly and continuously for a set statutory period. Those periods vary widely, running from 5 years in California, Montana, and Nevada, each of which also requires the occupant to have paid the property taxes for those years, to 30 years in Louisiana, and up to 60 years in New Jersey for woodlands or uncultivated tracts (New Jersey applies 30 years to other real estate), so the window depends entirely on which state the land sits in.

How do you prevent adverse possession?

If someone illegally occupies your land or property, what you should do is call the police. You may also use reasonable force to remove the individual.

What if the person has built a structure or made an improvement to your land?

If you allow the trespasser to stay on your land for too long, or if the individual develops the property, you may need a court order to have the trespasser removed.

That said, the best protection you have against adverse possession is installing trespass warnings in the form of trespassing signs on your land or giving written permission to anyone who frequently uses it. For example, if a neighbour frequently parks his vehicle on your property, make sure that the individual has written consent from you to do that.

What are the penalties for trespassing?

Penalties for trespassing vary significantly by state and by the facts of the case. Many states treat a first-time, non-violent trespass as a low-level misdemeanor, punishable by a warning, a fine, or a short jail sentence. As shown above, Alabama classifies first-degree criminal trespass into a dwelling as a Class A misdemeanor, for example.

Trespassing can be charged as a more serious offense, sometimes a felony, when aggravating factors are present, such as trespassing while armed, trespassing on certain critical infrastructure or agricultural facilities, repeat offenses, or conduct that overlaps with burglary, meaning entering with intent to commit another crime.

Critical infrastructure is the clearest example of that escalation, and several states have written separate statutes for it. Florida Statute 812.141 makes unauthorized entry onto a critical infrastructure facility, where notice against entry has been given, a felony of the third degree. That statute defines those facilities to include power generation and electrical sites, pipelines, chemical and manufacturing plants, water and wastewater treatment facilities, communications towers, railroads, seaports, and dams.

West Virginia's Critical Infrastructure Protection Act, W. Va. Code 61-10-34, starts lower and climbs with the harm caused. Trespass on a critical infrastructure facility there is a misdemeanor carrying a fine of $250 to $1,000, 30 days to one year in jail, or both. Damage exceeding $2,500 becomes a felony punishable by a fine of $3,000 to $10,000, one to five years in a state correctional facility, or both.

Because the classification and range of penalties differ so much from state to state, check your own state's criminal code or talk to a local attorney for the penalties that could apply in your case.

What are the defenses to trespass to land?

If the property owner brings charges against you, some defenses you may use include:

• Consent. Written consent is easiest to prove, though verbal consent can also be a defense.
• Public or private necessity, such as entering to escape a dangerous situation or to assist someone in an emergency.
• A legal right or license to be on the property, such as a utility easement, a court order, or a landlord's or law enforcement officer's lawful authority to enter.

The best defense depends on the facts of the case, so we recommend consulting with a criminal defense attorney immediately.