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 Kentucky, criminal trespass is defined under Kentucky Revised Statutes (KRS) 511.080-511.090. A person is guilty of criminal trespass when they knowingly enter or remain on property without the consent of the owner or occupant. This includes residential, agricultural, and recreational land, as well as buildings and vehicles. There are three degrees of criminal trespass in Kentucky. Third-degree criminal trespass (KRS 511.080) is a violation and occurs when a person unlawfully enters or remains on premises. Second-degree criminal trespass (KRS 511.070) is a Class B misdemeanor and involves entering or remaining on a fenced or enclosed property. First-degree criminal trespass (KRS 511.060) is a Class A misdemeanor and occurs when a person knowingly enters or remains unlawfully in a dwelling or on the premises of a state correctional institution. Penalties for criminal trespass in Kentucky can include fines, imprisonment, or both, depending on the degree of the offense.