Arizona Criminal Trespass Laws

It’s common knowledge that trespassing on private property is illegal. It’s a crime in most states, including Arizona. Arizona‘s criminal trespass laws protect property owners from intruders and prohibit people from entering or remaining on property without permission.

In the state of Arizona, a person commits criminal trespass when they knowingly ignore either a sign or another barrier and enter a property without permission. Arizona law categorizes criminal trespass into three degrees, each carrying specific penalties.

This article examines and explains how the criminal trespass laws work in Arizona, including the penalties and defenses. If you’re facing criminal trespass charges, consider consulting with a local criminal defense lawyer.

How Does Arizona Define Criminal Trespass?

Every state defines criminal trespass a bit differently. In Arizona, a person commits this offense by making an unauthorized entry onto another person’s property. A person can also be guilty of this crime when they remain on a property after being told to leave.

While a person can be guilty of criminal trespass for unlawfully entering a person’s home or building, they may also face charges for entering onto other types of property. Arizona‘s criminal trespass laws apply to several types of property, including:

• Residential structures: This includes any building or place that the owner has adapted for overnight accommodations, such as houses, mobile homes, and hotels/motels. A structure can be residential even if it has no inhabitants at the time of the trespass.
• Commercial property: This includes any structure used for commercial purposes, such as a store, factory, or warehouse. The property owner should post signs explicitly prohibiting entry or trespass.
• Fenced commercial yard/fenced residential yard (residential or commercial): A fence serves as a clear barrier to entry for trespass purposes. If the owner of residential or commercial land erects a fence, it is an express sign that trespassers are not welcome.
• Non-residential structure: This includes any structure that isn’t a dwelling or place for overnight accommodations. Examples include detached garages and tool sheds.
• Critical public services facilities: These include structures or fenced-in areas with posted signs that prohibit entry. Examples of critical public service facilities include power plants, water treatment plants, airports, police stations, and utility companies. These premises often include signs that say, “High Voltage”, “Do Not Enter”, etc.
• Mineral claims/leases: Before a person can drill for oil, gas, or minerals, they must have a valid mineral claim or lease. It is illegal to do so on someone else’s property without a valid claim or lease.
• Property with proper signage: Any property with posted “No Trespassing” signs is covered by Arizona law. This applies even if the property or structure appears abandoned.
• After being asked to leave: Criminal trespass applies to any real property where the owner makes a reasonable request that the defendant leave, and they refuse to do so. You are obliged to exit a property if the owner of the property asks you to.

Be sure the law allows entering certain properties before doing so.

Burglary vs. Criminal Trespass

Although they are often linked, burglary and criminal trespass are distinct offenses. While both involve the illegal entry into a property, burglary requires the offender to have the intent to commit a crime while doing so. 

FindLaw’s article on Arizona Burglary Laws provides a detailed look into the state’s laws and penalties for the crime. It also shows the differences between it and criminal trespassing.

Arizona Criminal Trespass at a Glance

For a prosecutor in Arizona to convict a defendant of criminal trespass, they must prove each element of the offense. They must show that the defendant made an unlawful entry (or remained after being asked to leave) with full knowledge that they did not have permission to enter a building, structure, or other private property.

The specific facts of the case will determine whether the defendant is guilty of first-degree criminal trespass, second-degree criminal trespass, or third-degree criminal trespass. The severity of the offense is reflected in the potential punishments. Criminal trespass laws are found under Arizona Revised Statutes Chapter 13.

Criminal Trespass in the First Degree (Class 6 Felony)

A person commits first-degree criminal trespassing when they are guilty of one or both of the following:

• Unlawfully entering or remaining on a residential structure
• Entering or remaining on a person’s property with the intention of burning, defacing, or manipulating a religious symbol without the owner’s permission

Possible penalties include:

• Up to 18 months in prison
• Up to $150,000 in fines

If a person unlawfully enters or remains on a critical public services facility, it is a Class 5 felony with a maximum sentence of up to two-and-a-half years in prison for the first offense.

Criminal Trespass in the First Degree (Class 1 Misdemeanor)

A person commits first-degree criminal trespassing when they:

• Unlawfully enter or remain in a fenced residential yard
• Enter a residential yard and look into the residential structure, violating the owner’s right to privacy
• Enters or remains on real property to hold, work, or take minerals from the property without a valid claim or lease

Violators face potential penalties of:

• Up to six months in prison
• $2,500 fine plus surcharges

As sanctions for a misdemeanor are much less severe than those for a felony, it’s a common defense tactic to try to get a favorable plea bargain for a lesser trespassing charge.

Criminal Trespass in the Second Degree (Class 2 Misdemeanor)

An individual commits criminal trespassing in the second degree when they unlawfully enter or remain on a non-residential property or a commercial fenced yard. Offenders face the following penalties:

• Up to four months in prison
• Up to $750 in fines

Criminal Trespass in the Third Degree (Class 3 Misdemeanor)

A person is guilty of criminal trespassing in the third degree if they commit either of the following offenses:

• Unlawfully enter or remain on a person’s real property after the owner or another person with lawful control over the property asks them to leave
• Unlawfully enter or remain on the right-of-way for tracks, storage, switching yards, or rolling stock of a railroad company

Maximum penalties include:

• Up to 30 days in prison
• Up to $500 in fines

Possible Defenses for Arizona Criminal Trespassing

Arizona law recognizes the following defenses to criminal trespass:

• The defendant had a lawful right to be on the property
• The defendant lacked the intent to knowingly enter (or remain on) the property
• The offender was exercising a valid easement
• The individual had the property owner’s permission
• Public necessity
• There was a misunderstanding regarding property boundaries

Disclaimer: State laws frequently change due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense lawyer or conduct further legal research to verify your state laws.

Arrested for Criminal Trespass in Arizona? Talk to a Criminal Defense Attorney

There are severe penalties that go with a conviction for criminal trespass in Arizona. Even if you’re only facing misdemeanor charges, it’s a good idea to contact an experienced criminal defense lawyer. They’ll review your case and help you decide how best to proceed. If you want to learn more about the penalties or defenses associated with criminal trespass in Arizona, consider reaching out to an experienced criminal defense attorney in your area.