{"id":371308,"date":"2024-10-23T12:43:49","date_gmt":"2024-10-23T17:43:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-criminal-trespass-laws.html"},"modified":"2024-10-23T12:52:49","modified_gmt":"2024-10-23T17:52:49","slug":"alabama-criminal-trespass-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-criminal-trespass-laws.html","title":{"rendered":"Alabama Criminal Trespass Laws"},"content":{"rendered":"\n
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Alabama Criminal Trespass Laws<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Criminal trespass occurs when an individual knowingly enters a property that is not theirs without permission. It differs from civil trespass in the mindset or intent of the alleged perpetrator. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

In civil trespass, the suspected perpetrator might enter another person\u2019s property without knowing it is private property. For example, a hiker walking through a field might not know it belongs to someone. By contrast, if the landowner puts no trespassing signs around that field and the hiker still walks through it, this is likely criminal trespass.<\/p>\r\n

The Alabama Code<\/a> recognizes criminal trespass in several situations and at different degrees (e.g., first-degree and second-degree). This article examines Alabama’s criminal trespass laws.<\/p>\r\n

What Is Criminal Trespass in Alabama?<\/h2>\r\n

In Alabama, criminal trespass occurs when a person \u201cknowingly enters and remains unlawfully\u201d on another’s property without an invitation, license, or privilege to do so.<\/p>\r\n

Consider, for example, a hiker walking through a field with private property and no trespassing signs. These signs give the hiker notice that someone owns the field. Suppose the hiker continues hiking or remains on the land after seeing the signs. In that case, they are likely engaging in criminal trespassing because they know the property belongs to someone.<\/p>\r\n

Forms of Criminal Trespass in Alabama<\/h2>\r\n

The Code of Alabama recognizes three different degrees of criminal trespassing and criminal trespassing in certain vehicles.<\/p>\r\n

First Degree Criminal Trespass<\/h3>\r\n

First-degree criminal trespass (Ala. Code \u00a713A-7-2) occurs when a person \u201cknowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor\u201d or \u201con the premises of any cultivation or processing operation that is part of an integrated facility.\u201d<\/p>\r\n

"Cultivator<\/a>" refers to an entity licensed to grow cannabis. A processor can purchase raw cannabis, produce new products, and transfer them for sale. An integrated facility performs both functions. This crime is a Class A misdemeanor.<\/p>\r\n

Second Degree Criminal Trespass<\/h3>\r\n

Second-degree criminal trespass (Ala. Code \u00a713A-7-3) occurs when a person \u201cknowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.\u201d This crime is a Class C misdemeanor.<\/p>\r\n

Third Degree Criminal Trespass<\/h3>\r\n

Third-degree criminal trespass (Ala. Code \u00a713A-7-4) occurs when a person \u201cknowingly enters or remains unlawfully in or upon premises.\u201d This crime is a violation.<\/p>\r\n

Criminal Trespass by a Motor Vehicle<\/h3>\r\n

Criminal trespass by a motor vehicle (Ala Code. \u00a713A-7-4.1) occurs when a person parks, stands, or repeatedly drives their motor vehicle through a private parking lot provided for shoppers despite being told not to by a law enforcement officer, the property owner, or their agent. This crime is a misdemeanor.<\/p>\r\n

Criminal Trespass to a School Bus<\/h3>\r\n

Criminal trespass to a school bus (Ala Code \u00a7 13A-7-4.2) occurs when a person over twelve does any of the following:<\/p>\r\n