A person commits the offense of criminal trespass or criminal trespassing by entering or remaining on the property of another—including residential land, agricultural land, recreational land (such as a vehicle park), a building, an aircraft, or an automobile—without consent and if the person (1) had notice that the entry was forbidden, or (2) received notice to depart, but failed to do so.
The definitions and penalties for criminal trespassing vary from state to state and are usually located in a state’s penal or criminal code (statutes).
In Alaska, criminal trespass is defined under Alaska Statutes Section 11.46.320 and Section 11.46.330. A person commits criminal trespass in the first degree if they knowingly enter or remain unlawfully on premises that are fenced or enclosed in a manner designed to exclude intruders or are clearly marked with signs forbidding entry, with the intent to commit a crime on the premises, or if they knowingly enter or remain unlawfully in a dwelling. This is a Class A misdemeanor. Criminal trespass in the second degree occurs when a person enters or remains unlawfully on premises or in a motor vehicle and knows that they are not authorized to do so, which is a Class B misdemeanor. The law requires that the person must have had notice that entry was forbidden or must have been asked to leave but failed to do so. Penalties for criminal trespass in Alaska can include fines, imprisonment, or both, depending on the degree of the offense and other factors involved in the incident.