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 North Dakota, criminal trespass is defined under North Dakota Century Code 12.1-22-03. A person is guilty of criminal trespass if they enter or remain on property without consent and after having been notified that entry is forbidden or being asked to leave. This includes residential, agricultural, and recreational land, as well as buildings and vehicles. The notice can be verbal, written, or in the form of posted signs. Penalties for criminal trespass in North Dakota vary depending on the circumstances and the type of property involved. It is generally classified as a B misdemeanor, but can be elevated to an A misdemeanor if the trespass occurs on certain agricultural land or if the individual carries a firearm or dangerous weapon while trespassing. Repeat offenses or trespassing with intent to harass or intimidate can lead to more severe charges.