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 Arkansas, criminal trespass is defined under Arkansas Code Annotated § 5-39-203. A person commits the offense of criminal trespass if they enter or remain upon or in the property of another person—including residential, agricultural, recreational land, or a structure such as a building, aircraft, or vehicle—without permission and with knowledge that the entry is forbidden or after being expressly told to leave. The notice that entry is forbidden can be given in various forms, such as personal communication, fencing or signage designed to exclude intruders, or by other means that should reasonably communicate the prohibition to enter. Penalties for criminal trespass in Arkansas can range from a class C misdemeanor for simple trespassing up to a class B misdemeanor if the trespass occurs on agricultural land or in a critical infrastructure facility. The specific penalty depends on the circumstances of the offense and the type of property involved.