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 Massachusetts, criminal trespass is defined under General Laws Chapter 266, Section 120. A person commits the offense of criminal trespass by entering or remaining on the property of another without right or consent of the owner or occupant. This includes residential, agricultural, and recreational land, as well as buildings and vehicles. The individual must have either been given notice that entry is forbidden or, if already on the property, must have been asked to leave and then failed to do so. Notice can be given in various forms, including verbal communication, posted signs, or fencing designed to keep intruders out. Penalties for criminal trespass in Massachusetts may include fines, imprisonment, or both, depending on the severity of the offense and any prior criminal history. It is important for individuals to respect property boundaries and for property owners to clearly mark private areas to prevent misunderstandings regarding trespass.