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 Kansas, criminal trespass is defined under Kansas Statutes Annotated (K.S.A.) 21-5808. A person is guilty of criminal trespass if they enter or remain on property or premises without authorization and after having been notified that entry is forbidden, or if they remain on the property after being asked to leave. This includes residential, agricultural, and recreational land, as well as buildings, aircraft, or automobiles. The notice that entry is forbidden can be given in various forms, including personal communication, posted signs, or fencing designed to exclude intruders. Penalties for criminal trespass in Kansas vary depending on the circumstances and the type of property involved. It is generally classified as a Class B nonperson misdemeanor, but can escalate to a more serious offense if, for example, the trespass occurs on agricultural land with the intent to damage property, or if the offender carries a firearm or other dangerous weapon.