{"id":377081,"date":"2018-06-06T16:59:16","date_gmt":"2018-06-06T21:59:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/washington-law\/washington-criminal-trespassing-laws.html"},"modified":"2018-06-08T10:00:35","modified_gmt":"2018-06-08T15:00:35","slug":"washington-criminal-trespassing-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/washington-law\/washington-criminal-trespassing-laws.html","title":{"rendered":"Washington Criminal Trespassing Laws"},"content":{"rendered":"\n
\n \n
\n

Washington Criminal Trespassing Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

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
\n

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

Every state, including Washington, has laws making it illegal to go on someone else's property without permission. Criminal trespass<\/a> laws usually also prohibit staying on property after being asked to leave. Generally, to be convicted of criminal trespass, a person must knowingly or intentionally<\/a> go on someone else's property; this means accidentally wandering onto someone else's property is generally not a punishable offense.<\/p>\r\n

Washington Criminal Trespassing Laws: Overview<\/h2>\r\n

There's no doubt that it's important to read the actual language in a statute when looking for an answer to a legal question. Unfortunately, laws often are written in "legalese" that most people don't have the time to interpret. For this reason, it's often helpful to read a summary of the laws without the legal jargon. The chart that follows provides links to relevant statutes as well as an overview of Washington criminal trespassing laws.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

Washington Revised Code:<\/p>\r\n

What's Prohibited?<\/b><\/td>\r\n

Criminal trespass in the first degree<\/i>: To knowingly enter or remain unlawfully in a building.<\/p>\r\n

Criminal trespass in the second degree<\/i>: To knowingly enter or stay unlawfully in or on someone else's property in a way that doesn't constitute first degree criminal trespass.<\/p>\r\n<\/td>\r\n<\/tr>

Charges and Penalties<\/b><\/td>\r\n

Criminal trespass in the first degree<\/i> is a gross misdemeanor punishable by up to 364 days in county jail and\/or a fine of up to $5,000.<\/p>\r\n

Criminal trespass in the second degree<\/i> is a misdemeanor punishable by up to 90 days in county jail and\/or a fine of up to $1,000.<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/td>\r\n

The following are defenses in a criminal trespass prosecution:<\/p>\r\n

    \r\n
  • The building was abandoned;<\/li>\r\n
  • The property was open to the public and the defendant complied with the conditions imposed on people entering or staying on the property;<\/li>\r\n
  • The defendant reasonably believed that the owner (or other authorized person) of the property would have allowed them to enter or stay on the property; or<\/li>\r\n
  • The defendant was trying to serve legal process, but only if the defendant entered a building open to the public and the entry was reasonable and necessary.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Related Statute(s)<\/b><\/td>\r\n