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 Delaware, criminal trespass is defined under Title 11 of the Delaware Code, which covers crimes and criminal procedure. A person is guilty of criminal trespass when they knowingly enter or remain unlawfully on premises. There are varying degrees of criminal trespass in Delaware, ranging from the third degree, which is a violation, to the first degree, which is a class A misdemeanor. The severity of the offense typically depends on factors such as the type of property involved (e.g., residential, agricultural, recreational), whether the trespasser had notice that entry was forbidden, or whether the trespasser remained on the property after being asked to leave. Penalties for criminal trespass in Delaware can include fines, imprisonment, or both, depending on the degree of the offense. It is important for individuals to respect property boundaries and to leave when asked by the property owner or law enforcement to avoid potential criminal charges.