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 Idaho, criminal trespassing is defined under Idaho Code § 18-7008. A person commits the offense of criminal trespass when they knowingly enter or remain on property or premises without the consent of the owner, lessee, or agent. This includes residential, agricultural, and recreational land, as well as buildings, aircraft, or automobiles. The law specifies that a person must have had notice that entry was forbidden or, if after entering lawfully, received notice to depart but failed to do so. Notice can be given in various forms, including verbal communication, fencing or other enclosures designed to exclude intruders, or signage indicating private property. Penalties for criminal trespass in Idaho can range from a fine to imprisonment, depending on the circumstances of the trespass and any prior offenses. It is typically classified as a misdemeanor, but specific consequences should be discussed with an attorney, as they can vary based on the situation.