Created by FindLaw's team of legal writers and editors | Last reviewed March 05, 2018
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In order to protect the interests of property owners from intruders, states generally prosecute the crime of criminal trespass. Usually, a person commits criminal trespass by ignoring a sign and entering a property illegally. In Arizona, criminal trespass is split up into first degree (the most severe with the harshest penalties), second degree, and third degree (the least severe with the least harsh penalties) crimes.
One common thread throughout all three degrees of criminal trespass in Arizona is how someone must unlawfully enter into (or remain on) someone else's property. The elements and penalties associated with the three degrees of criminal trespass in Arizona are covered in the below table.
Crime |
Sentence |
Criminal Trespass (First Degree) (Felony) A person commits first degree criminal trespassing when an individual:
|
Arizona Revised Statutes § 13-1504
|
Criminal Trespass (First Degree) (Misdemeanor) A person commits first degree criminal trespassing when an individual:
|
Arizona Revised Statutes § 13-1504
|
Criminal Trespass (Second Degree) (Misdemeanor Only) An individual commits criminal trespassing in the second degree when they:
|
Arizona Revised Statutes § 13-1503
|
Criminal Trespass (Third Degree) (Misdemeanor Only) A person commits criminal trespassing in the third degree when a person:
|
Arizona Revised Statutes § 13-1502
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
A potential defense to criminal trespass in Arizona is if the person lacked the "intent" to trespass. In other words, the person accused of criminal trespass didn't mean to trespass upon another person's property, and did so by accident. To establish this, the accused trespasser must show that they were not aware that they were unlawfully entering someone else's property. For example, if a sign was not conspicuously posted in an area that can be easily seen by all, then a strong defense can be raised that someone merely wandered upon the property by accident and did not have the intent to trespass.
Another defense is when the accused trespasser actually has permission to be on the property, as an invited guest of the property owner, for example.
As you can see, criminal trespass can carry serious penalties in Arizona if you're not careful. It may be especially difficult to tell what degree of criminal trespass is applicable in a specific case. If you want to learn more about the penalties or defenses associated with criminal trespass in Arizona, you should reach out to an experienced criminal defense attorney in your area.
Contact a qualified attorney.
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