Alabama Criminal Trespass Laws

By Melissa McCall, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 23, 2024

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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. 

In civil trespass, the suspected perpetrator might enter another person’s 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.

The Alabama Code 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.

What Is Criminal Trespass in Alabama?

In Alabama, criminal trespass occurs when a person “knowingly enters and remains unlawfully” on another's property without an invitation, license, or privilege to do so.

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.

Forms of Criminal Trespass in Alabama

The Code of Alabama recognizes three different degrees of criminal trespassing and criminal trespassing in certain vehicles.

First Degree Criminal Trespass

First-degree criminal trespass (Ala. Code §13A-7-2) occurs when a person “knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor” or “on the premises of any cultivation or processing operation that is part of an integrated facility.”

"Cultivator" 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.

Second Degree Criminal Trespass

Second-degree criminal trespass (Ala. Code §13A-7-3) occurs when a person “knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.” This crime is a Class C misdemeanor.

Third Degree Criminal Trespass

Third-degree criminal trespass (Ala. Code §13A-7-4) occurs when a person “knowingly enters or remains unlawfully in or upon premises.” This crime is a violation.

Criminal Trespass by a Motor Vehicle

Criminal trespass by a motor vehicle (Ala Code. §13A-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.

Criminal Trespass to a School Bus

Criminal trespass to a school bus (Ala Code § 13A-7-4.2) occurs when a person over twelve does any of the following:

  • Intentionally damage the school bus

  • Refusing (as an occupant) to leave the school bus when so ordered by an authorized school system official (i.e., school bus driver, school principal)

  • Intentionally interfering with the operation of the school bus (stopping, delaying, etc) to commit a crime.

Criminal trespass to a school bus is a Class A misdemeanor.

Alabama Criminal Trespass Laws at a Glance

Statute

Alabama Statutes Criminal Trespass (Ala. Code §13A-7-2 to § 13A-7-4.2)

First-Degree Trespass

A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor, as those terms are defined in Section 20-2A-3, or on the premises of any cultivation or processing operation that is part of an integrated facility, as defined in Section 20-2A-3.

Criminal trespass in the first degree is a Class A misdemeanor.

Second-Degree Trespass

A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property that is fenced or enclosed in a manner designed to exclude intruders.

Criminal trespass in the second degree is a Class C misdemeanor.

Third-Degree Trespass

A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

Criminal trespass in the third degree is a violation.

Trespass to Motor Vehicles

A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or their authorized agent of the owner parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if the parking area is identified by at least one sign as specified in the statute and the motor vehicle is parked, standing or being operated for a purpose other than one of the following:

  • Transporting a person to or from a place of business of a merchant identified on the sign

  • Using a telephone, vending machine, or automatic teller machine located in the parking lot

  • An emergency

  • Carrying out an activity with the express permission of the parking lot owner or representative

This crime is a misdemeanor punishable by the following fines:

  • First offense: No more than $50

  • Second offense: No more than $100

  • Third (subsequent) offense: No more than 150

Trespass to School Bus

A person commits the crime of trespass on a school bus in the first degree if he or she is found guilty of doing any of the following:

  • Intentionally demolishing, destroying, defacing, injuring, burning, or damaging any public school bus

  • Entering a public school bus while the door is open to load or unload students without a lawful purpose, while at a railroad grade crossing, or after being forbidden from doing so by the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.

  • As an occupant of a public school bus, refusing to leave the bus on demand of the authorized school bus driver in charge of the bus, or upon demand of a principal of a school to which the bus is assigned or other duly authorized school system official.

  • Intentionally stopping, impeding, delaying, or detaining any public school bus being operated for public school purposes with the intent to commit a crime therein.

Criminal trespass against school buses is a Class A misdemeanor

Subdivisions (2), (3), and (4) do not apply to a child who is less than 12 years of age or to authorized school personnel who are boarding the school bus as a part of their job assignment. 

 Get Legal Help

The crime of criminal trespass in Alabama is highly nuanced depending on the underlying circumstances. An Alabama criminal defense lawyer is an expert in Alabama criminal law and can help you understand any trespassing charges. They can also provide solid legal advice if you have a criminal case. 

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