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 Hawaii, criminal trespass is defined under Hawaii Revised Statutes (HRS) Section 708-814 and related statutes. A person commits the offense of criminal trespass in the first degree if they knowingly enter or remain unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced, or the premises of a public housing project or development after a reasonable request to leave by the housing authority or a police officer. Criminal trespass in the second degree, under HRS Section 708-815, involves knowingly entering or remaining unlawfully in or upon premises of another where signs are posted to keep out intruders, or which are fenced or enclosed. The penalties for criminal trespassing in Hawaii can include fines, imprisonment, or both, depending on the degree of the trespass and other factors involved in the offense. It is important for individuals to respect property boundaries and heed any notices or requests to leave to avoid potential legal consequences.