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 Missouri, criminal trespassing is defined under Missouri Revised Statutes Section 569.140. A person commits the offense of trespass in the first degree if they knowingly enter unlawfully or knowingly remain unlawfully in a building or inhabitable structure or upon real property. A person also commits the offense if they enter or remain on property despite being aware that their entry is forbidden, or if they fail to leave after being asked to do so by the owner or someone with authority. The offense of trespass in the first degree is a Class B misdemeanor unless the person is in a building or inhabitable structure, in which case it is a Class A misdemeanor. Additionally, Missouri law recognizes trespass in the second degree, which is an infraction and involves entering onto property for the purpose of fishing, hunting, or trapping without permission. Penalties for criminal trespassing in Missouri can include fines, imprisonment, or both, depending on the severity of the offense and the circumstances surrounding the trespass.