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 Michigan, criminal trespass is defined under Michigan Penal Code (MCL 750.552). A person may be charged with criminal trespass if they enter or remain on the property of another without permission and either knew they were not allowed to enter or, after being asked to leave, failed to do so. This includes residential, agricultural, recreational properties, as well as buildings, aircraft, or vehicles. The notice that entry is forbidden can be given in various forms, such as verbal communication, posted signs, or fencing designed to exclude intruders. Penalties for criminal trespass in Michigan can range from a civil infraction to a misdemeanor, depending on the circumstances of the trespass. The severity of the penalty often depends on factors such as the type of property trespassed upon, the presence of any intent to commit another crime, and whether the trespass led to any damage. An attorney can provide specific guidance on how these laws may apply to a particular situation.